HomeMy WebLinkAbout20201527 Ver 1_ePCN Application_20201229DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20201527
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Mooresville Regional Office - (704) 663-1699
Information for Initial Review
1a. Name of project:
Bakers Creek
1a. Who is the Primary Contact?*
Heath Caldwell
1b. Primary Contact Email:*
heath.caldwell@v4etlands-epg.com
Date Submitted
12/29/2020
Nearest Body of Water
Irish Buffalo Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.5189-88.6209
Pre -Filing Meeting Information
ID#
20201527
Pre -fling Meeting or Request Date*
10/20/2020
Attach documentation of Pre -Filing Meeting Request here:*
DWR Pre -Filing Meeting Request Form.pdf
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
(704)999-5279
Version
1
52.11 KB
A. Processing Information C^U
County (or Counties) where the project is located:
Rowan
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
la. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
The Meadows Development Group
2b. Deed book and page no.:
1053-306
2c. Responsible party:
Anthony Hahn
2d.Address
*
r Yes r No
r Yes r No
Street Address
5411 Village Drive NW
Address tine 2
city
Concord
Postal / Zip Code
28027
2e. Telephone Number:
(704)999-5279
2g. Email Address:*
heath.caldv ell@wetlands-epg. com
3. Applicant Information (if different from owner)
3a. Name:
Casey Werner
3b. Business Name:
Suncrest RealOp
3c.Address
Street Address
2701 E Camelback Road
Address tine 2
Suite 108
City
Phoenix
Postal / Zip (ode
85016
3d. Telephone Number:
(704)999-5279
3f. Email Address:*
heath.caldvvell@mtlands-epg.com
4. Agent/Consultant (if applicable)
4a. Name:
Heath Caldwell
4b. Business Name:
Wetlands & Environmental Planning Group
4c.Address
Street Address
10612-D Providence Road
Address tine 2
PMB 550
Qy
Charlotte
Postal / Zip (ode
28277
4d. Telephone Number:
(704)999-5279
4f. Email Address:*
amber. lipsky@wetlands-e pg. com
Agent Authorization Letter*
Agent Auth_dup.pdf
State / Rovince / Ifgion
NC
Country
USA
2f. Fax Number:
State / Rovince / Ffgion
Arizona
Country
USA
3e. Fax Number:
State / Rovince / Ibgion
NC
Country
USA
4e. Fax Number:
735.33KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Kannapolis
2. Project Identification
2a. Property Identification Number:
see parcel map
2c. Project Address
Street Address
Address tine 2
aty
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Irish Buffalo Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
03040105
4. Project Description and History
2b. Property size:
106
State / Province / Region
Country
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is located just west of N. Main Street and just south of W 21st Street in Kannapolis, Rowan County, NC. The topography is gently to moderately sloped. The elevation ranges
from 740 to 810 ft. The site is a timbered woodlands in a successional state covered with dense vegetation, old dirt roads, and is highly disturbed throughout.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r- Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS_dup.pdf 500.28KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
NRCS_dup.pdf 357.99KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.015
4g. List the total estimated linear feet of all existing streams on the property:
5315
4h. Explain the purpose of the proposed project:*
Nationwide Permit request for a residential development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
4j. Please upload project drawings for the proposed project.
project drawings_dup.pcif 2.99MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r- No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
Saw-2019-02291
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
This site was verified by C. Janiczak (USACE) on 12/11/19. A copy of the signed JD approval is included in the Approvals section.
5d1. Jurisdictional determination upload
JD approval_dup.pdf 1.78MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
3. Stream Impacts
❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * re; Stream Type * 3f. Type of 3gSwidth* 3h. Impact
Jurisdiction" length*
S1
Road crossing
9
Permanent
Culvert
Stream A
Perennial
Corps
p
6
Average (feet)
74
(lirear feet)
$2
Road crossing
Permanent
Bank Stabilization J
Stream A
Perennial
Corps
Average (feet)
32
(lir�rfeet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
106
3i. Total stream and ditch impacts:
106
31. Total temporary stream impacts:
3j. Comments:
32LF of rip rap will be installed at existing streambed elevations on the downstream side of the proposed culvert and will not qualify as a loss to
Waters of the US.
E. Impact Justification and Mitigation U
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and
access routes. As shown on the attached exhibits, the proposed lots are arranged to efficiently utilize open space and limit impacts to onsite surface
waters. Crossings are placed where they would have the smallest impact footprint. Fleadwalls are implemented to minimize 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 impacts to onsite/adjacent offsite receiving conveyances.
The proposed rip rap apron has been sized to mitigate anticipated erosive velocities.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
i F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government F State
Local Government Stormwater Programs
W Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
City of Kannapolis
Comments:
Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to City of Kannapolis but will be designed to meet their
criteria.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
No additional phases proposed at this time.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared
bat but the project is exempt as described in the attached T&E report.
Consultation Documentation Upload
T&E_dup.pdf 301.72KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
No essential habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO'Swebsite: https://nc.maps.arcgis.conV
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
Any fill within the floodplain proposed as part of this project will be designed to meet any requirements of a floodplain development permit as
determined by the City of Kannapolis and/or FEMA.
8c. What source(s) did you use to make the floodplain determination?*
wvm.fema.gov
https://rowan 2. con nectg is. conVMa p. aspx
Miscellaneous
Comments
A full, compiled PCN is attached including ORM, cover letter, forms, photos, authorizations, and other supporting documentation
Miscellaneous attachments not previously requested.
Bakers Creek SUBMITTED.pdf
9.02MB
Signature v
® By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Heath Caldwell
Signature
`�(Cc2� G`�aldaElG
Date
12/29/2020
WEPG
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Proj ect/Site Name: Suncrest Kannapolis /Bakers Creek site
Property Address: SW oflntersection of W 21st Street & NMain Street, Kannapolis, NC
Parcel Identification Number (PIN): numerous parcels -please refer to tax parcel map
Select one: I am other
Name: Casey Werner
Company: Suncrest RealOp
Mailing Address: 2701 E Camelback Road; Suite 180, Phoenix, AZ 85016
Telephone Number: 6303636401
Electronic Mail Address: cwerner@suncrestreal.com
11/13/19
Owner / Interested Buyer* / Other" Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg.
PMB 550 Suite 10, PM 283
Charlotte, NC 28277 Asheville, NC 28805
(704)904-2277
len. rindner@wetiands-epg.com
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-- IRISH BUFFALO CREEK
LOCATION
Lat: 35.5189 N SCALE
Long:-80.6209 W 1:24,000 r -
HUC: 03040105 ACRES USGS QUAD
ROCKY 105.91 China Grove. '
Acres: SUNCREST KANNAPOLIS Prepared for: SUNCREST REAL ESTATER GROUP
FIGURE +/- 106 Rowan Co., INC
5 Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
USGS MAP Drawn By: Reviewed By:
06127119 Subject to USACE/NCDEQ verification BLI< LSR I ,.) 904-2277
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Map Unit Symbol
Map Unit Name
Acria In AO#
Parc ng of AO#
ApB
Appling sanoy loam, 2 to 6
6.0
5.5%
percent slopes
CfEl
CepfUrban land complex, 2 to
2-4
22%
8 percent slopes
ChA
Chewacla loam, 0 to 2 percent
6.7
6.1%
slopes, frequently flooded
Pad
Pacolet sandy loam. 15 to 25
8-5
7-7%
percent slopes
Pc82
Pacolet sandy clay loam. 2 to 8
40.1
36.69,o
percent slopes. moderately
eroded
PcC2
Pacolet sandy Gay loam, 8 to
41-9
38.2%
15 percent slopes,
moderately eroded
ScB2
Saw-Pacolet complex, 2 to 8
2.5
2.39-6
percent slopes. moderately
eroded
Uf
Urban land
0.9
0-8%
VnB2
Vance sandy clay loam. 2 to 8
0.6
0.5%
percent slopes, moderately
eroded
Totals for Area of Intai*st
109.E
100.0%
Acres:
SUNCREST KONNAPOLIS
Prepared for:
+/- 106
Rowan Co., NC
UNCREST REAL ESTATE GROUP
FIGURE
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Drawn By:
Reviewed By:
3
6/27/19
Subject to USACE/NCDEQ verification
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02291 County: Rowan U.S.G.S. Quad: NC- China Grove
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Suncreast RealOp
Casey Werner
Address:
2701 E. Camelback Road, Suite 180
Phoenix, AZ 85016
Telephone Number:
630-363-6401
E-mail:
cwerner(&suncrestreal.com
Size (acres)
105.91
Nearest Town Kannapolis
Nearest Waterway
Irish Buffalo Creek
River Basin Upper Pee Dee
USGS HUC
03040105
Coordinates Latitude: 35.5189
Longitude:-80.6209
Location description: The review area is located 1000 feet West of the intersection of Plaza Avenue and West 17th Street in
Rowan Countv. PIN(s):
154081. 160242. 160020. 160153. 154081. 159301.159006. 159314. 159005. 15900. 159023A, 159336.
154050,154051.
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 7/30/2019. 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, 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-2019-02291
❑ 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 (252) 808-2808 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
C atherine.M.Janiczaknn ,,u sace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 12/11/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determmation 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 1OM15
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: 12/11/2019 Expiration Date of JD: Not applicable
SAW-2019-02291
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
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler( )wetlands-epg.com
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Suncreast RealOu, Casey Werner File Number: SAW-2019-02291
Date: 12/11/2019
Attached
is:
See Section below
F-11
INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission
A
❑
PROFFERED PERMIT Standard Permit or Letter of ermission
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.miUMissions/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 Admilstrative 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
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Catherine M. Janiczak
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
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 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/11/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Suncreast RealOp, Casey Werner, 2701 E. Camelback
Road, Suite 180,Phoenix, AZ 85016
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Sunset Real Estate Group PJD,
SAW-2019-02291
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 1000 feet West
of the intersection of Plaza Avenue and West 17th Street in Rowan County. PIN(s): 154081, 160242, 160020, 160153,
154081, 159301, 159006, 159314, 159005, 15900, 159023A, 159336, 154050, 154051.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Rowan City: Kannapolis
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.5189 Longitude:-80.6209
Universal Transverse Mercator:
Name of nearest waterbody: Irish Buffalo Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECKALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 12/10/2019
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
aquatic resources in
which the aquatic resource
Latitude (decimal
Longitude (decimal
resources (i.e.,
Site Number
review area (acreage
'may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
Bakers
Branch
35.5216
-80.6256
1040 linear feet
Non -wetland
Sec. 404
Intermittent
Bakers
Branch
35.5189
-80.6263
175 linear feet
Non -wetland
Sec. 404
Perennial
Perennial
35.5217
-80.6181
49 linear feet
Non -wetland
Sec. 404
Stream C
Wetland E
35.5217
-80.6181
0.01 acres
Wetland
Sec. 404
Wetland D
35.5217
-80.6177
0.005 acres
Wetland
Sec. 404
Perennial
35.5211
-80.6173
281 linear feet
Non -wetland
Sec. 404
Stream B
Perennial
35.5211
-80.6173
3320 linear feet
Non -wetland
Sec. 404
Stream A
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 orjudicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID
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 6 (Dated 07/30/2019)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:2400 China Grove, NC, Quadrangle_
® Natural Resources Conservation Service Soil Survey. Citation: Figure 4 (Dated 06/27/2019)
❑ National wetlands inventory map(s). Cite name:
❑ 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 2 (Dated 06/26/2019)
or ®Other (Name & Date): Photopages (Dated 06/26/2019 & 07/30/2019)
❑ 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 R latory
staff member completing PJD
12/11/2019
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.
WETLAND E
AME
-0.01 ac
1 BAKERS BRANCH PERENNIAL USACE WE TAND
Intermittent PROJECT BOUNDARY r STREAM C
1040 If STUDY LIMITS FORM
-49 If
1
- 3 NCDEQ
STREAM
1 FORM A
BAKERS BRANCH
Perennial
-175 If
Acres:
FIGURE +/- 105.91
10
7130119
WETLAND D
-0.005 ac
USACE UPLAND FORM DP1
PERENNIAL STREAM B
-281 If
NCDEQ
STRFAMFnRM R
PERENNIAL SLJ'T
33L S � a
4
PERENNIAL
STREAM G
-450 1f
Legend
_ = 2ft
Project Boundary
SUNCREST KANNAPOLIS Prepared for:
Rowan Co., NC SUNCREST REAL ESTATE GROUP
DELINEATION MAP Drawn By: Reviewed By:
Subject to USACE/NCDEQ verification NRN LSR
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
(704) 904-2277
I en. ri nd ner@wet Ian ds -epg. co m
Evaluation
For: Baker's Creek - Suncrest
Rowan County, North Carolina
By: Lisa R. Gaffney
October 26, 2020
www.wetiands-epg.co m
Ashesrile Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805
Baker's Creek— Suncrest- Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Baker's Creek site (+/- 105.9 acres) is located just west of N. Main Street,
and just south of W. 21s' Street in Kannapolis, Rowan County, North Carolina. It
can be found on the China Grove, NC USGS Topographic Quadrangle Map-,
latitude is 35.5189 N, longitude is-80.6209 W. The topography is gently to
moderately sloped. The elevation ranges from 740 to 810 ft. (Figure 1). There
is a southwesterly flowing stream located centrally through the site, and two
others along the western and southeastern perimeters. The site is a timbered
woodlands in a successional state covered with dense vegetation, old dirt roads,
and is highly disturbed throughout.
Figure 1:
— % - n
�,• I�iy�_� I �--+���1 "( 1i.l� _-h� it
l - -- -� PR
CT BOUNDARY
STUDY LIMITS `j
11
kill
D,.F} ' f - • --.-_'....
kkI . p • ; L.� _ ti �;
rya - Rea
._�a�
i—A
I RISH BUFFALO CREEK •� f,f y 1�. "=1� , 1• __— S ? - E �._!.
-.LOCATION r� � ��.0� � _ ,_ 'r �-�.' �� � •'a:?)Std
Lat: 35.5189 N SCALE
Long-00.6209 W 1 24,000
HUC:03040105 ACRES USGS QUAD S _ L w •Cot J-
ROCKY 105.91 China Groves
Acres: SUNCREST ICANNAPOLIS Prepared for
FIGURE 1 +/- 105.91 Rowan Co., NC
USGS MAP Drawn By: Reviewed By:
06/27/19 Subject to USA CE/N CD EQ ve fi te- BLK LSR
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC
Baker's Creek— Suncrest- Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/nc counties.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Rowan County, North Carolina, the results of which are listed below (Table 1).
Maps and aerial photographs were assembled, and the site was investigated
during the weeks of March 2, 2020 and October 19, 2020.
Table 1: Threatened / Endangered / Protected Species listed for
Rowan County, NC
County: Rowan, NC
*Source: US Fish & Wildlife Service
**Data search on March 2, 2020; ***Updated October 19, 2020
Federal
Group Name Status Record Status
Vascular Schweinitz's sunflower (Helianthus Endangered Current
Plants schweinitzii)
Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected Current
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Baker's Creek— Suncrest- Threatened /Endangered /Protected Species Evaluation
SPECIES DESCRIPTIONS:
One plant species with federal protection is listed as potentially occurring in
Rowan 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).
Two animal species with federal protection are listed as potentially occurring in
Rowan 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.
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.
RESULTS:
The site is a timbered woodland in a successional state covered with dense
vegetation, old dirt roads, and is highly disturbed throughout. There is a
southwesterly flowing stream located centrally, and two others along the western
and southeastern perimeters of the site.
The only mature trees on site are in strip buffers along the boundaries and
stream corridors. Species composition includes White Oak (Quercus alba), Post
Oak (Q. stellata), Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Short -leaf
Pine (Pinus echinata), Mockernut Hickory (Carya tomentosa), Sweetgum
(Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), Hackberry (Celtis
laevigata), and Green Ash (Fraxinus pennsylvanica).
The rest of the site is covered with a sucessional scrub/shrub community
composed of pine and hardwood saplings and young trees, and blackberry and
woody vine thickets. Dominant species present include Winged Elm, (Ulmus
alata), Honey Locust (Gleditsia triacanthhos), Sweetgum, Shortleaf Pine, Virginia
WEPG400556
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Baker's Creek— Suncrest- Threatened /Endangered /Protected Species Evaluation
Pine (Pinus virginiana), Red Cedar (Juniperus virginiana), Black Cherry (Prunus
serotina), Persimmon (Diospyros virginiana), Blackberry (Rubus sp.), Russian
Olive (E/aeagnus umbellate), Groundsel (Baccharis halimifolia), Japanese
Honeysuckle (Lonicera japonica), Catbrier (Smilax sp.), and Poison Ivy
(Toxicodendron radicans).
The assemblage of plants growing in transitional edge habitat includes
Goldenrod (Solidago sp.), Fire Weed (Erichtites hieraciifolius), Broomsedge
(Andropogon virginicus), Splitbeard (A. ternarius), and Wingstem (Verbesina sp.).
Threatened & Endangered/Protected Species Results
Potential habitat for Schweinitz's Sunflower was examined, and the
species was not found.
No suitable nesting habitat exists on the site for Bald Eagles, and there
were no sightings nor were any nesting sites observed.
Comparing this site location to the USFWS Asheville office's website
(http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it
appears that the site meets the "exempt" criteria which requires no further
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
October 26, 2020
Wetlands and Environmental Planning Group
Baker's Creek— Suncrest- Threatened /Endangered /Protected Species Evaluation
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. Organized, directed,
and conducted field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory. Organized, directed, and
conducted 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 55,000 acres in North and South Carolina, 1996 -
present.
• Located and identified numerous previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis nanif/ora).
• Found 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.
6
Wetlands and Environmental Planning Group
ID#* 20201527
Version* 1
Regional Office * Mooresville Regional Office - (704) 663-1699
Reviewer List* Alan Johnson
Pre -Filing Meeting Request submitted 10/20/2020
Contact Name* Amber Lipsky
Contact Email Address* amber.Iipsky@wetlands-epg.com
Project Name* Bakers Creek site
Project Owner* Suncrest RealOp
Project County* Rowan
Owner Address: Street Address
2701 E Camelback Road
Address Line 2
Suite 180
aty
State / Province / Pegion
Phoenix
Arizona
Postal / Zip axle
Country
85016
USA
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
* 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
* Individual Permit F Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
(-- Yes C No
Please list all existing project ID's associated with this projects.*
SAW-2019-02291
Do you know the name of the staff member you would like to request a meeting with?
Alan Johnson
Please give a brief project description below.*
The forthcoming PCN will include a request for Nationwide Permit 29
associated with the proposed Bakers Creek site on 106 acres west of the
intersection of Plaza Ave and W 18th Street in Kannapolis, NC. There are
six wetlands and two streams on site. A preliminary jurisdictional
determination was submitted and approved on 12/11/19 by Catherine
Janiczak.
Please give a couple of dates you are available for a meeting.
11 /2/2020
Please attach the documentation you would like to have the meeting about.
7. Bakers Creek Delineation Map 073019 .pdf 863.85KB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 10/20/2020