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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 Ova � `' ' .,f � , `•, _ � � � • ���,�o�_ � ■ • � _ _ � t � =i�'`� •1, � �` � i is ✓jam — : �� _ _� W �, PROJECT BOUNDARY `j�r ! At�,7•./f" �' 1 STUDY LIMITS NA 1W ezo 'ark ;w � .�_ _ J � . � i � r -- _ � ��'; , � l ;+ • � # = � I+ -icy r � - _' _ � Zk', -- -�� A. t � :. � tY • � _ j1 I I L.�_� jf: Koo Res sa -- 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 8 r 71 ti ` 4'� a+ —� -� PROJECT BOUNDARY ► ' ` STUDY LIMITS • • P i , 04W � � M 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 NRCS PUBLISHED SOILS Drawn By: Reviewed By: 3 6/27/19 Subject to USACE/NCDEQ verification BLK LSR 13 N/F // JANICE FISHER N F w z \ J / ICHAEL D. HERMAN, SR. HELEN NICHOLSON THOMPSON AND I N/ GENE ANITA S N/F N/F NAM \ AND HUSBAND, ROBERT W. N/F N/F AND ANTS CAROL LYNNE HERMAN E. EAGLE, WII L E W. D PID6 55 G 058 2 CUMMYNNSCOBBLEUO THOMPSON ET AL I I NRY L. CHER JAMES HAROLD MCCANTS HEGLAR JR & KAREN ELAINE gELLEVILLE &LINDA N/F �� DB 907 PG 810 DB1242 PG PID 155 110512 II I ELAND A POHERE Y TON1YAL HELM DB 749 17 PG D PID 160 60 209 5 CHILDERS PG 56g 1233 DBM. 1026 BELLEVILLE LOWE'S RENTALS, INC / PID 155 106 I I B 1320 PG 1 1 POWELL DB PID 160 210 PID 160 207 PID 160 200 DB 908 PG 627 J PID 154 070 / / \ 0 837 PG 103 \ \ PID 160 208 RALPH L�'DEAL & I`� LINDA M. DEAL DB 436 PG 485 N F ( mc-N Z)o N I I I �� PID 160 201 MICHAEL DAVID HERMAN L zao w¢a ww / BIAKERS BRANCH STREAM 1215 LF I I / \a � I o o w w� �l AND MARSHA H. BOGER / / zoN� �� \.Z-i _ ¢ _� ER SURVEY ELSIE B. 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N 0 DEED DB 1147 PG 344 fn //// I /� // / / // / // / J _ j \\ \\ / /� // -- \\ f/ ✓// RICHA Q EL FOUND ONZALEZ PENA EBERHARDT PID 159 028 i DB 1 F3G 237 D 1289 PG 6 824 PG 66 X PI 82 195 ID 159 039I PID 159 036 ID 159 03 01 W W 237 N/F m fA II III IIIIII(Il�///(// /(f1l /r/ /// / ///// \ i _ ///'� �// \ \\ \ //j i��/i i� /. f JUVENTINO MARQUEZ-GUZMAN N/F AND N/F 2 JIJ I // / I ✓ i ✓^ \ �/ / \ /� \ ✓/j // /j/ �i�� �� S WIFE MERCEDES LYN ANN SHERRY BURGESS W CAMPOS-PALACIO CARAPELLATTI GOODNIGHT W Y DB1033PG713 DB1276PG614 DB1116PG330 Q /�///////// I I III I 1 ( / ! ��� / — — ��\\ \\� J/�✓/_ / / / ✓ PID 159 040 PID 159 038 PID 159 037 m )ITlllllllll IIII IIII IIIIIIII\�\�x._�—\tip\\`—///i\i//_ PROJECT INFORWTION PROPERTY LINE IL�� �/ / J BAR SCALE 1 "=240' PROJECT MANAGER SM (TYP.) DESIGNED BY. CL f DRAWN BY CL RICHARD NODEL / .Y r / PROJECT NUNIBER HPso Co DB 1210 PG 237 / \ 0 120' 240' 'm. ORIGINAL DATE 11rz o PID 152195 -A �. r/��� ._. -- — � SHEET . I- — /��r /� / 6 / W. 22nd STREET — WEST - / 30'PUBUCIVW IMPERVIOUS AREA = 29.97 AC (28.2%) = pJ/F ' N F I L I W n a DAVID LAWRENCE MEREDIT�PUGH & a o� CHRISTOPHER PUG ALANA HARTZ w / HA AND WIFE, DB 1210 PG 57 DB 1206 PG 288 PID 155 187 a€ L PID 155 186 \ I I N/F N//F JANICE/FISHER N F \ J ICHAEL D. HERMAN, SR. HELEN NICHOLSON THOMPSON AND I GENE dCCANTS N/F N/F N/F \ DB 7 D. E 502 CUML NGS AND JUD HUSBAND, ROBERT W. N/F N/F AND ANITA CAROL LYNNE HERMAN E. EAGLE, WILLIAM W. THOMPSON ET AL NRY L. CHER JAMES HAROLD MCCANTS HEGLAR JR & KAREN ELAINE BELLEVILLE & LINDA N/F PID 155 108 LYNN COBBLE DB 1242 PG 712 AND SPOUSE POWELL III & DB 1117 PG DB 625 PG 735 CHILDERS DB 1233 M. BELLEVILLE �� DB 907 PG 810 PID 155 105 ENNITA CHER Y TONYA HELM 749 PID 160 209 PG 567 DB 1026 PG 671 LOWE'S RENTALS, INC. PID 155 106 DB 908 PG 627 \ B 1320 PG 1 1 POWELL DB PID 160 210 PID 160 207 PID 154 070 �� — 837 PG 103 PID 160 200 / \ - W. 21st STREET PID 160 208 N/r 30•PU6uCWW vo^�W> RALPH L. DEAL & LINDA M. DEAL `r �O a DB 436 PG 485 / N F X O N I T �� PID 160 201 BI KERS BRANCH STREAM 1215 LF MICHAEL DA/VID HERMAN I Ian Isaaxw� o 4 I \ AN ELS ER B. HERMAN ER z��� �^ z� J m �mO _ ER SURVEY �rnp 3m.- o � zam'm mrn \ DB 1129 PG 192 _ w c� o a� m PID 155 107 —zoa zinSk n a x 00 0 I N/F Sao BET TA M. KING DB PG 625 2-4 1PIDID 1 160 216 3�0 J Vli _ ii� J%// f o EBETTA/M. KING DB 1225 PG 925 WEST 20TH CLAUDIA �111111 • :, 800 - • .• r ����� � �`��I� ,� `•••--` • • - • r ���� _ � �., .yam . •. ..- • u °no ff.N -- - II'�' \`� - ,� �. CABLE 4 076�� �PG 740 �i / 1 ���I� IMPACTIENT, INC. NO PG 5833 j �.-.�...-�... .. . ' - .� - �7�. ., r--- I I I I! � - f ✓ � �E'jly �� � (� ® / � �� � � - rya" - •Lu Via / vNEWEI low •_ •. • /V ffA I Lu W5 MA. FIRM ����__ ■ �►�. �. •�iiCi jaw IYi`.�1� � tiAi���i�c�v,/=i�1►�►t�" ����r '�� •�: -� • •: •. •••- . ...., .............,,........- . PROP. GRI PROP. HEADWALL PROP. RIP RAP'APRON L=29'; W1=13.5'rW2�:33.5', T=� STREAM IMPACTA- CULVERT - 74 LF i 760- EXIST. STREAM � \ / j CENTERLINE STREAM IMPACT A- RIP RAP -32LF Q ��� �� I -j06 �71R FLOODLINE _ A. o 7( INV. IN=755.; / / / / / EXIST. G GRAPHIC SCALE 20' 0 10' 20' 40' (IN FEET) 1 inch = 20 ft. 80' O O O 780 ROP.GRADE WALL 770 . RIP RAP APRON :ED AT EXIST. AMBED ELEVATIC 760 ;T. GRADE—/ 54" RCP l' BURY D 750 0 o � m oi � ti ti VERTICAL GRAPHIC SCALE 5' 0 2.5' 5' 10' ( IN FEET) 1 INCH = 5 FT. GRAPHIC SCALE 50' 0 25' 50' 100' ( IN FEET) 1 inch = 50 ft. O O a z Y M OZ un Com CD a > Q m — Y W U 20' J 0 U Lu � W Y a m U PROJECT INFORWTION PROJECT MANAGER. SM 200' DESIGNED BY CL DRAWN BY CL PROJECT NUMBER. HP50.400 ORIGINAL DATE. 11=0 SHEET 8 , I �..::...... .. I E' ST SAN. SEWERVr < �E�(IST. STREAM-CEN� RLJW ...... ....... �... ... ........ .. ... .... . ................ .................... .�.... ... ... ^In / �/ /� // �Np I NO PROPO l�TOEAM IMPACT H E / / / / i i i �r . l,... .....�. � J P�PKSAN.3IEWE /- / /.......f....... .........�..... ..../.... PR,PP. 2VSAN. SVEWER EASEME- � ./.. ... ` s T4 / 1-1 Y O w I I / / // / / / / / / w I I / / / / / / / / /// / / Y y GRAPHIC SCALE 30' 0 15' 30' 60' 120' PROJECT INFORWTION PROJECT MANAGER I SM DESIGNED BY CL DRAWN BY CL PROJECT NUMBER. HP50.400 ( IN FEET) ORIGINAL DATE'. I1=0 SHEET. 1 inch = 30 ft. 9 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