HomeMy WebLinkAbout20201792 Ver 1_Summerlyn Villages PCN 012121 _Compiled_20210121WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW-2019 BEGIN DATE [Received Date]:
Prepare file folder D Assign Action ID Number in ORM D
1.Project Name [PCN Form A2a]:
2.Work Type:Private lvl Institutional □ Government D Commercial D
3.Project Description/ Purpose [PCN Form 83d and B3e]:
Nationwide Permits #29,14 request for a Residential Development
4.Property Owner/ Applicant [PCN Form A3 or A4]: L ennar ( app1can 1. t)
5.Agent/ Consultant [PCN Form AS -or ORM Consultant ID Number]: WEPG PLLC c/o Daniel Kuefler
6.Related Action ID Number{s) [PCN Form BSb]: SAW-2019_0
7.Project Location -Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
35.4909 N/ -80.6562
Kannapolis, NC
8.Project Location -Tax Parcel ID [PCN Form Bla]: 56037801890000 56036995 680000'
9.Project Location -County [PCN Form A2b]: Cabarrus
10.Project Location -Nearest Municipality or Town [PCN Form A2c]: Kannapolis
11.Project Information -Nearest Waterbody [PCN Form B2a]: Irish Buffalo Creek
12.Watershed/ 8-Digit Hydrologic Unit Code [PCN Form B2c]:Rocky/03040105
Authorization: Section 10 D
Regulatory Action Type:
D Standard Permit[l] Nationwide Permit # 29D Regional General Permit#
Section 404 IV I Section 10 & 404 D
D Pre-Application RequestD Unauthorized ActivityD Compliance D Jurisdictional Determination Request D No Permit Required
Revised 20150602
1393
01393
Summerlyn Villages
,14
DWR Pre-Filing Meeting Request Form
ID#*Version *
Regional Office *
Reviewer List *
Contact Name *
Contact Email Address *
Project Name *
Project Owner *
Project County *
Owner Address:
Is this a transportation project?*
Type(s) of approval sought from the DWR:
Does this project have an existing project ID#?*
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below.*
20201792 1
Mooresville Regional Office - (704) 663-1699
Alan Johnson
Pre-Filing Meeting Request submitted 11/20/2020
Daniel Kuefler
daniel.kuefler@wetlands-epg.com
Summerlyn Villages
Lennar Carolinas
Cabarrus
City
Charlotte
State / Province / Region
NC
Postal / Zip Code
28226
Country
USA
Street Address
6701 Carmel Road
Address Line 2
Suite 425
Yes No
401 Water Quality Certification -
Regular
401 Water Quality Certification -
Express
Individual Permit Modification
Shoreline Stabilization
Yes No
Alan Johnson
The site is disturbed and successional old farmland and wood lots
covered with old roads and a mixed pine and hardwood forest that is
disturbed throughout. The topography is flat to moderately sloped.
The elevation ranges from 660 to 760 feet.
Please give a couple of dates you are available for a meeting.
Please attach the documentation you would like to have the meeting about.
Signature
Submittal Date
12/20/2020
2020-11-18 - Summerlyn Village Wetland
Exhibit.pdf
3.76MB
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.
· I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing
meeting request.
· I 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.
11/20/2020
Permit Application Permit Application
1
January 21, 2021
Ms. Krysta Stygar
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
Mr. Alan Johnson
NCDWR
Division of Water Resources
610 East Center Street, Suite 301
Moorseville, NC 28115
Mr. Paul Wojoski
NCDWR
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Subject: SAW-2019-01393; Pre-Construction Notification for NWPs #29&14 for the 133-
acre the Summerlyn Village site, Kannapolis, Cabarrus County, North Carolina
Ms. Stygar, and Messrs, Johnson, Wojoski and Hamstead,
Enclosed is a Request for Nationwide Permits #29 &14 for the Summerlyn Village site, on 133
acres north of Mooresville Road, near the intersection with Rainbow Drive in Kannapolis, NC.
The site is a proposed residential development and consists of eight streams and ten wetlands. A
Preliminary Determination request was previously submitted under the name ‘Rainbow Drive’
and approved by USACE on 1/16/2020. Please refer to the Jurisdictional Determination section
and Approvals section for updates and information on onsite surface waters.
As shown on the attached exhibits, the proposed project will include permanent impacts to one
wetland and two streams due to road crossings. Total permanent impacts proposed include 0.018
acres of wetland impact (Wetland E), 121 linear feet to Stream A, and 124 linear feet to Stream
H. Of these, 67 linear feet of the permanent stream impacts are required for rip rap installed at
existing bed elevations and will not contribute to a loss-to-waters of the U.S. Additional minor
2
temporary impacts on site are required for sanitary sewer installation and will be restored to pre-
existing conditions as noted on the exhibits.
Overall impacts to site surface waters associated with the proposed development were limited
through site selection location, design, location/orientation of proposed lots and access routes. It
was not possible to minimize impacts further due to site layout and connectivity requirements per
the City of Kannapolis, as well as constraints from existing sewer line infrastructure and onsite
stream buffers. Headwalls and 3:1 slopes are proposed at each crossing to minimize stream
crossing widths and minimize impacts. The riprap aprons and construction access needed for
each stream crossing have been reduced to the extent practicable, and where possible stabilizing
riprap will be placed above the Ordinary High Water Mark to avoid additional impacts. The
applicant has demonstrated substantial avoidance and minimization efforts in which 98% of the
18.5 acres of onsite wetlands and 94% of the 5,207 linear feet of onsite streams will be avoided.
To compensate for the anticipated permanent impacts to onsite streams due to road crossings, the
applicant is proposing payment to the North Carolina Division of Mitigation Services In-Lieu
Fee Program at a 2:1 ratio for 178 linear feet of perennial warm water stream.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No
listed species were identified within the project area and we believe that there will be no
effect on listed species, or their critical habitat as designated under Section 7 of the
Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation
Section for additional details on the terrestrial species evaluation. Thank you for your
consideration and please contact me if you have any questions, (336)554-2728 or email at
daniel.kuefler@wetlands-epg.com.
Sincerely,
Daniel Kuefler, PWS Len Rindner, PWS
Environmental Scientist Principal
WETLAND & STREAM IMPACT NARRATIVE
creating experiences through experience 3430 Toringdon Way, Suite 110, Charlotte, NC 28277 / 704. 527. 0800
STREAM IMPACT #1 (SEE EX-3 IMPACT INSET)
THE ROAD CROSSING WAS SET BASED ON CONNECTING THE MAIN THRU ROAD WEST OF THE CROSSING
TO THE ENTRANCE DRIVE TO RAINBOW ROAD EAST OF THE CROSSING. A 3:1 SLOPE WAS PROVIDED
EITHER SIDE OF THE ROAD CROSSING TO TIE OUT TO EXISTING GRADE AND MINIMIZE THE IMPACT TO
THE STREAM.
STREAM IMPACT #2 (SEE EX-4 IMPACT INSET)
THE ROAD CROSSING WAS SET BASED ON CONNECTING THE MAIN ROAD SOUTH OF THE CROSSING TO
THE MAIN THRU ROAD NORTH OF THE CROSSING PER THE CITY OF KANNAPOLIS REVIEW. THE ROAD TO
THE NORTH WAS SET SO THAT IT COULD BE CONSTRUCTED BETWEEN THE PROPERTY LINE TO THE WEST
AND EXISTING WETLANDS TO THE EAST THUS DETERMINING THE PROPOSED CROSSING LOCATION. A
3:1 SLOPE WAS PROVIDED EITHER SIDE OF THE ROAD CROSSING TO TIE OUT TO EXISTING GRADE AND
MINIMIZE THE IMPACT TO THE STREAM.
WETLAND PERMANENT IMPACT #1 (SEE EX-2 IMPACT INSET)
THIS WETLAND IS REQUIRED TO BE REMOVED TO PROVIDE A SECONDARY ACCESS POINT ALONG
RAINBOW ROAD.
WETLAND TEMPORARY IMPACT #1 (SEE EX-3 IMPACT INSET)
THIS WETLAND IS REQUIRED TO BE TEMPORARILY IMPACTED TO INSTALL PUBLIC SANITARY SEWER LINE
TO SERVE THE SUBJECT PROPERTY. WITHOUT THIS IMPACT, ADDITIONAL ADVERSE IMPACTS COULD BE
REQUIRED TO ALLOW THE SITE TO SEWER. A JACK AND BORE INSTALLATION OF THIS LINE WOULD
REQUIRE A GREATER IMPACT TO THE AREA IMMEDIATELY ADJCENT TO THE STREAM RUNNING
THROUGH THE SITE.
WETLAND TEMPORARY IMPACTS #2, 3, 4, AND 5 (SEE EX-4 & EX-5 IMPACT INSETS)
THESE WETLANDS ARE REQUIRED TO BE TEMPORARILY IMPACTED TO INSTALL PUBLIC SANITARY SEWER
LINE TO SERVE THE SUBJECT PROPERTY. WITHOUT THESE IMPACTS ADDITIONAL ADVERSE IMPACTS
COULD BE REQUIRED TO ALLOW THE SITE TO SEWER INCLUDING BUT NOT LIMITED TO ADDITIONAL
IMPACTS TO WETLANDS AND STREAM BUFFERS.
WETLAND IMPACT #6 (SEE EX-5 IMPACT INSET)
WETLAND & STREAM IMPACT NARRATIVE
creating experiences through experience 2 of 2
THIS WETLAND IS REQUIRED TO BE TEMPORARILY IMPACTED TO INSTALL PUBLIC SANITARY SEWER LINE
TO SERVE THE SUBJECT PROPERTY. WITHOUT THIS IMPACT ADDITIONAL ADVERSE IMPACTS COULD BE
REQUIRED TO ALLOW THE SITE TO SEWER.
WETLAND IMPACT #7 (SEE EX-6 IMPACT INSET)
THIS WETLAND IS REQUIRED TO BE TEMPORARILY IMPACTED TO INSTALL A PUBLIC SANITARY SEWER
LINE TO SERVE THE SUBJECT PROPERTY. WITHOUT THIS IMPACT ADDITIONAL ADVERSE IMPACTS COULD
BE REQUIRED TO ALLOW THE SITE TO SEWER. DUE TO THE INSTALL OF A PROPOSED MANHOLE ON THE
EXISTING SANITARY SEWER LINE A JACK AND BORE WOULD NOT REMOVE THE REQUIRED IMPACT TO
THE WETLAND.
WETLAND IMPACT #8 (SEE EX-7 IMPACT INSET)
THIS WETLAND IS REQUIRED TO BE TEMPORARILY IMPACTED TO INSTALL PUBLIC SANITARY SEWER LINE
TO SERVE THE SUBJECT PROPERTY. WITHOUT THIS IMPACT ADDITIONAL ADVERSE IMPACTS COULD BE
REQUIRED TO ALLOW THE SITE TO SEWER. DUE TO THE INSTALL OF A PROPOSED MANHOLE WITHIN THE
WETLANDS A JACK AND BORE WILL NOT BE ABLE TO REMOVE THE TEMPORARY IMPACTS TO THE
WETLANDS IN THIS AREA. A JACK AND BORE IS PROPOSED SO THAT THE EXISTING STREAM IN THIS
LOCATION IS NOT IMPACTED BY THIS IMPROVEMENT.
Page 1 of 10
PCN Form – Version 1.4 January 2009
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1.Processing
1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
Yes No
For the record only for Corps Permit:
Yes No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
Yes No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below. Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2.Project Information
2a. Name of project:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3.Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Summerlyn Villages
Cabarrus
Kannapolis
Atlantic American Properties, Inc
11199/0140
Thomas D Sanctis
210 Oak Ave
Kannapolis, NC 28081
704-938-5400
29, 14
x
Page 2 of 10
4.Applicant Information (if different from owner)
4a. Applicant is: Agent Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5.Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Brett Manery
Lennar Carolinas, LLC
6701 Carmel Road, Suite 425
Charlotte, NC 28226
(980) 759-6088
brett.manery@lennar.com
Daniel Kuefler
Wetlands & Environmental Planning Group (WEPG), PLLC
10612-D Providence Rd, PMB 550
Charlotte, NC 28277
336-554-2728
daniel.kuefler@wetlands-epg.com
Developer
Page 3 of 10
PCN Form – Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: Longitude:
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Yes No Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
56036995680000, 56037801890000
-80.6562
133
Irish Buffalo Creek
C
Rocky (03040105)
The site is disturbed and successional old farmland and wood lots covered with old roads and a mixed pine and hardwood forest that is disturbed
throughout. The topography is flat to moderately sloped. The elevation ranges from 660 to 760 feet.
18.5
PCN for a residential development
Fill and grading of the site will use standard equipment- excavator, dump truck, track how, etc.
WEPG
This site was verified by C. Janiczak (USACE) on 1/16/20. A copy of the signed JD approval is is included in the Approvals section.
35.4909
5,207
SAW-2019-01393
Nic Nelson
Page 4 of 10
PCN Form – Version 1.4 January 2009
C. Proposed Impacts Inventory
1.Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
Wetlands Streams – tributaries Buffers Open Waters Pond Construction
2.Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
W2
W3
W4
W5
W6
2g. Total Wetland Impacts:
2h. Comments:
3.Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
3i. Comments:
Fill Bottomland Hardwood Forest Yes Corps 0.018
Yes Corps 0.267
Yes Corps 0.094
Yes Corps 0.021
Yes/No -
Yes/No -
0.4
W1- Wetland E road crossing
W2- Wetland O- 0.068 (WT10), 0.199 (WT11)
W3- Wetland F sewer crossing, six separate impacts of 0.035 (WT1), 0.008 (WT2), 0.009AC (WT3), 0.007 (WT4), 0.004 (WT8), 0.031 (WT9)
W4-Wetland G- sewer crossing, three separate impacts of 0.009 (WT5), 0.007 (WT6), 0.005 (WT7)
Culvert Stream A PER Corps 81
Stream A 40
Stream A 16
Stream H 97
Stream H 27
Stream H 45
306
S2- Permanent no-loss impact S3 and S6 include construction access for both sides of the stream crossing. See exhibits for more detail.
S5- Permanent no-loss impact
P
T
T
T
-
-
Excavation
Excavation
Excavation
Choose one
Choose one
Bottomland Hardwood Forest
Bottomland Hardwood Forest
Bottomland Hardwood Forest
Choose one
Choose one
P
P
T
P
P
T
Stabilization
Construction Access
Culvert
Stabilization
Construction Access
PER
PER
PER
PER
PER
Corps
Corps
Corps
Corps
Corps
6
6
6
4
4
4
Page 5 of 10
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
O1
O2
O3
O4
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
Flooded Filled Excavated Flooded Filled Excavated
P1
P2
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required? Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other:
6b.
Buffer Impact
number –
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
B2
B3
B4
B5
B6
6h. Total Buffer Impacts:
6i. Comments:
Choose one Choose
Choose one
Yes/No
-
-
-
-
Choose one
Choose one
Choose one
Choose
Choose
Choose
Choose one
-
-
-
-
-
-
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
)
Page 6 of 10
PCN Form – Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If yes, mitigation is required by (check all that apply): DWQ Corps
2c. If yes, which mitigation option will be used for this
project?
Mitigation bank
Payment to in-lieu fee program
Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Type:
Type:
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Impacts associated with the proposed development were limited through site selection, location, design, and location/orientation of the proposed lots
and access routes. Sanitary sewer tie-ins impacts are designed to be temporary, and all permanent impacts are the result of road crossings.
Impacts that could not be avoided include the temporary impacts to Wetland O due to two proposed manhole installations, the road crossings at
Wetland E, Stream A, and Stream H as it provides a secondary access point along Rainbow Road and meets connectivity requirements per the City.
Construction techniques will implement approved erosion control methods to avoid/minimize to onsite/adjacent offsite receiving conveyances. At each
road crossing, the maximum allowable headwalls and 3:1 slopes are proposed to tie out to existing grade and minimize impacts. The riprap apron and
area needed for temporary construction access at Streams A and Stream H has been reduced. Other applications of riprap will be placed above the
OHWM so that no net loss of aquatic resources occur.
178
warm
Choose one
Choose one
Choose one
Page 7 of 10
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 10
PCN Form – Version 1.4 January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No
5b. Have all of the 401 Unit submittal requirements been met? Yes No
26
Stormwater on site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to the City of Kannapolis
but it will be designed to meet their criteria.
CIty of Kannapolis
CIty of Kannapolis
Page 9 of 10
PCN Form – Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. If you answered “yes” to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
1c. If you answered “yes” to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
Yes No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
2b. Is this an after-the-fact permit application? Yes No
2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? Yes No
3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered “no,” provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No additional phases proposed.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
Page 10 of 10
5.Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6.Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7.Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Applicant/Agent's Printed Name
_______________________________
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Date
-
A threatened and endangered species assessment was conducted in which no species or habitat were identified. Habitat may occur for the Northern
long-eared bat but the project is except as described in the attached T&E report.
No essential fish habitat in this region.
SHPO’s website: http://gis.ncdnr.gov/hpoweb/
www.fema.gov
https://location.cabarruscounty.us/mapcabarrus/
Daniel Kuefler 01-15-2021
x
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 prope1iy 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 ce1iification(s).
Summerlyn Village Project/Site Name:
Propeiiy Address: West of intersection of Mooresville Rd & Rainbow Drive, Kannapolic, NC
Parcel Identification Number (PIN): 56036995680000, 56037801890000
Select one: I am other
Name: Brett Manery
Company: Lennar Carolinas, LLC
Mailing Address: 6701 Carmel Road, Suite 425 Charlotte, NC 288226
Telephone Number: (980) 759-6088
Electronic Mail Address: brett.manery@lennar.com
*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 signatOl'y of this authorization in cases
where the property is not owned by the signatOl'y.
Charlotte Office: www.wetlands-epg.com Asheville Office:
I 0612-D Providence Rd.
PMB 550
Charlotte, NC 28277
I 070 Tunnel Rd., Bldg. I
Suite I 0, PMB 283
Asheville, NC 28805
(704)904-2277
len.rindner@wetlands-epg.com
December 17, 2020
Jon Hardy
Lennar Carolinas, LLC
6701 Carmel Road, Suite 425
Charlotte, NC 28226 Expiration of Acceptance: 6/17/2021
Project: Summerlyn Villages County: Cabarrus
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC) Impact Type Impact Quantity
Yadkin 03040105 Warm Stream 203
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly.Williams@ncdenr.gov.
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
cc: Daniel Kuefler, agent
Maps/Plans Maps/Plans
FIGURE
1
DATE:
Drawn By:
LSR DCK
Reviewed
By:
VICINITY MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
3/17/19
APPROXIMATE
PROPERTY BOUNDARY
STUDY LIMITS
SITE
SUMMERLYN VILLAGES
Cabarrus Co., NC
FIGURE
2
DATE:
Drawn By:
LSR DCK
Reviewed
AERIAL MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
3/17/19
APPROXIMATE
PROPERTY BOUNDARY
STUDY LIMITS
Aerial Imagery Provided
by Cabarrus Co GIS
SUMMERLYN VILLAGES
Cabarrus Co., NC
FIGURE
3
DATE:
Drawn By:
LSR DCK
Reviewed
USGS MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
3/17/19
APPROXIMATE
PROPERTY BOUNDARY
STUDY LIMITS
LOCATION
Lat: 35.4909 ºN
Long: -80.6562 ºW
HUC: 03040105 (Rocky)
USGS QUAD
Kannapolis, NC
1993
SCALE
1:24,000
ACRES
133.0
Irish Buffalo Creek
SUMMERLYN VILLAGES
Cabarrus Co., NC
FIGURE
4
DATE:
Drawn By:
LSR DCK
Reviewed
SOIL MANUSCRIPT MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
3/17/19
APPROXIMATE
PROPERTY BOUNDARY
STUDY LIMITS
SUMMERLYN VILLAGES
Cabarrus Co., NC
FIGURE
5
DATE:
Drawn By:
LSR DCK
Reviewed SUMMERLYN VILLAGES
Cabarrus Co., NC
TAX PARCEL MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
3/17/19
APPROXIMATE
PROPERTY BOUNDARY
STUDY LIMITS
Parcel: 56037801890000
Atlantic American Properties Inc
210 Oak Ave
Kannapolis NC 28081
Parcel: 56036995680000
Atlantic American Properties Inc
210 Oak Ave
Kannapolis NC 28081
Parcel Information Provided
by Cabarrus Co GIS
WETLAND E — ±0.018 AC
L--r
NETLAND D — ±0.03 ACC
PERENIIAL STREAM J _
±369 LF
~'-WETLAND i
WETLAND K
r WETLAND J�
INTETi4
v f�
PERENNIAL STREAM
Mr ND Al :i AC.
�EX-6
INTERMITTENT STREAM I
Q — 1218 LF
IRI SH BUFFALO
J,I CREEK — ±1,432 LF
,y SY3, CARp� '•
SEAL��' — N
049168 -
c.: �n Q-ip�` GRAPHIC SCALE
............
I'I ..... 0 50 soa eoa
%
'y y4N B �Q l l n-h = 300 ft.
rneto^3430—imgd
ompany,l^c'
PLAN INFORMATION
3430 Tori^gdo^Way
sm<e aao
SUMMERLYN VILLAGE
PROTECT NO.
LEN-20030
Ch.,I—, NC 28277
FILENAME
1EN20030-Wetland Exhibit
phone 204. 52). 0800
EXISTING CONDITIONS OVERVIEW
CHECKED BY
1BW
11 919.311.2211
MOORESVILLE ROAD
DRAWN BY
DMD
Ij_ number: C1213
SCALE
40-
MCADAMS
ww w.mcaaamaco.com
KANNAPOLIS, NORTH CAROLINA
DATE
01.08
1. 08. 2020
- � \"' ''�%� , �_::;-<�-!':"1�"1,H('{:,:_;_-?:��1.?fi'.
'isJl ERENNIAL STREAM if" 1' _. .-, -±1,048 ��EXISTING RAINBOW DRIVE
✓,, /,,,, ,:_..,-ARIABLE WIDTH PUBLIC R/ I / 1//' ✓/.1"/.--:;,_ ___ .,,.._ l / I I'_,, .I / I I ___ _.. J ( i J / /.���/ -:=::---� \t I/ r 1, irX-,-, '~ .l \r, if/t',J;/'1 -::::--,, ,;;-, )1J1((1,1'l,�,x/,, f:-§',''1�1 II I I I,,,._. /( A't:--;I -( ) I ;,{_.,../ �,'1\ >I/( ( / l ''' ,1 J<\'" / 1l1\ 1�,',( / ; ,'/1/11)1I I/ I I I I \ ,,,, \ ,,, /, I /1 /1 I I / / l I\" \. 10•' I I , II�\ , ' 1 't I I '\� \._I ' '',/. I \)... ( ,\ .. _, ./, ''t''
1 11,1·�1ABL&/W UC R/W) (,. ,, \ \ • ..... I \ ' I l l ,,1 1IJ.1/t1 j / I ,,,���
,� ,,
,,,, --:��
r ,1,,,, 'I \ ,.,... ..... ,,v'' 11/r'/// I//\ I '--� --<'\11f, 111/111) \ \ ')/1'/1(' /II JI t I I I ,�-� 1111 I lfi ;\(I I I I \ Ir \ 1\11 11/,J/1/ > I I / I \ \ I • \ l 1111 I 1// 11 \ \ 11 I ,, , ) \ ) 1j�lll/,1 t1
11Jl,1 \ ,_ ..... ' ,,.., .,I // 1 (,' -, '\ l , i1-::...-,,fsl11111/11 � -,1 ,�--,,' , --.::-,.,,,.--;.,tE'!lt < 1111 > ,,.._ , '-\I \ __ r, r -'/}JI I> 1),111 1 --:, \\\ .,,,,-.,,,;/J flt/;1-1 >v ::��-..... , \ \ \\\'-0�:.�/�fjtl'1f/t]r7t; GETA TIVE s'TREAM-�-;"r;,;�;J,1 /l,'j FFER (TYP.) ;"1/Q /·/;.,.J1/,11J '/ /// / /I' I J DISTURBED STREAM :�// ,,�,�<'�FFER (TYP.) 1 {.f-.:-�:.< ,,-:� ., .,,.:::;: , ,. "'�' _.-_,, j f .,,,,,,1, ,::,J,t-;v _ ( ) I f I > f :,_,,,. \ ., · ss TYP. ,1 / I ,11 f\1 1,;/;r-',r "'"""'<J ;,'l' . ,1,/'('{f / 11/ft�/�r-� ..,. ""�..-.�,..I ltf.11 11
';l.1:::,� ........... �: .. /,// 'l."/.
---EX. W/L W/L TIE IN --.14 AC��:;." 1 ., - ---::..),�►�::;;;?.,� �-
1 ..::::==;,:;. -.,,:.,•-
Jf
\
.,, .... '.,
\. ROA
(60' PUBLI
�\ ROA
(60' PUBLI \� ROA
(60' PUB
ALLEY
(PRIVAT ]
ROAD >
(PRIVATE .fl !--� ROA.
(60' PUBLI �I , ---..-'.-'�,._,,,_.,.,,,_ , • .:.,.,.;;,,..�=.,,_·1.,-;,,::,,.�1>4--,,J.-"' ) 6L. __ ..,,. _____ _,_,, --�":.,�\,·· A0 B '�"\�, I✓ \ I , c f < ✓1 7 l"' � < > · ,. ..7 ' ' 1 ' , :l r-1 ( ,I, _. "\ , ::':;.�, � r.�r. � , 1,<,tt(;_r,e,,. \ 1(��1M,4lf t:l) I{ r 6'' ijuB11C-.,.B-/4W,. \ '1' \• ,�� I \ / ,If ... ., /f', / /J I bhD F I ' / / .. t I l I '"'-... 1, •. \" ,1�1-",J ·?,�",...t1�¥, �1, rR, 1 1 /, , 1 I ✓ / ,,/ 1, ,' 1 1 1 · ... ' '\ 11U�9-.:� J l -- .., ,,, / / .,,, ,r , , ,' / ,, � 'I ( w\-..��-� // _., • / • ,.. , / / '' . I ( ,,, I / I I / / I 1 I ., / 1' I I •r I • ......... ' .1 J • .... 7 I .., J / Ji rl � f J \.i 11{ 1 / "' l I·, I <:::-��" em•� �. ·:I I I \ /.,�r1F1••f,,<.:r'G')/�<=\�el-' PIJ,1:>1 :1e)R/.vv l/ / / ,,/ \ 1-·,.. / ·,1 l � .__'-J_..,.,. I ,J ,iffy\{¼ 'f/r'--J �'I) '"°1 ,,'\ J "> j ) ) J .> J I f t ,1 1' .,,,,.. ) •. / I --, ' -m lt'Q. 'At" I ' , ,.. ,, , ' , i ' i ,, • , - .. :,,<-'-�... L ..... t=7 Vf;'\} 'i (-< // / ,.."' j I) t')) { � \ ,..> / I / f PROPERTY LINE (TYP -"''-:----= ,. _ _ _ ;::_, /,,_ )11ij
1 1 _.,].:r-"1. ,., I 1 1 1 1 J 1 ; ) 1 / / l J, ,:r' , 1 f ,;r '. --:-ti.:: -.. .. ,,.,��.:Lil•_,, tt�•m1r::::ll/_W)' < l < , , , , " , ..1 i , , ( ::-t-�=-✓V' I ft''. . . ,_· -,HQ� i--9.!Llbl.':-_!'\i_�· < _,, ,,> ( J / \ I : I I } \ .,, ,. �-------::::::_ .,,, / ' /.,.,. ///('-... .... JI I ' \ \ ,--�:,.-.::.:'�-<-� , ...... /_ \ \ \ L l I \ t , --�-�_J. --=�-" �-l�� _ (. '; r,_ \ \ ( \--;:,/ , .. ."f.:::;-;.-;...,.-r---t-_-_ ���.,.. _ _,! ). •�-EX. W/ rr-/ /' .,''.J. L.....l._L "t"-1---t--J,--f-rr,-L -1��2 \ I, / / i-"' v ...:�.:::,:-).,. \ W/L TIE IN �),J-J{;.--.,,,� -��-;;�-�--:--..-; --• ! !. ,, I.,) Ef<ISTI�,,":.�-;--..__ '-c-_,,_ •
SITE LEGEND
----250----
----252----
EX-2 -------250-------
-------252-------
MOORESVILLE ROAD
(VARIABLE WIDTH PUBLIC R/W)
PROPERTY LINE
RIGHT-OF-WAY LINE
LOT LINE
SETBACK LINE
EASEMENT LINE
WETLANDS
MAJOR CONTOUR
MINOR CONTOUR
EXISTING MAJOR CONTOUR
EXISTING MINOR CONTOUR
OVERALL% IMPERVIOUS
{34.99 AC/132.74 AC)
M:\Pro·ects\Lennar\LEN-20030\04-Production\En ineerin \03 -Construction Documents\Current Drawin s\LEN20030-Wetland Exhibit.dw , 1/11/202 12:56:28 PM, Doan, Diana
MCADAMS
The John R. McAdams Company, Inc. 3430 Toringdon Way Suite 110 Charlotte, NC 28277
phone 704. 527. 0800 fax 919. 361. 2269 license number: C-0293
www.mcadamsco.com
SUMMERLYN VILLAGE
OVERALL IMPACT OVERVIEW
MOORESVILLE ROAD
KANNAPOLIS, NORTH CAROLINA
:, O ADJ
)PUBLIC R/W) \\ .,_ \ \
\
/1 l'\f I,
r ENT STREAM 8 LF
IRISH BUFFALO CREEK -±1,432 LF
±26%
1 inch = 300 ft.
PLAN INFORMATION
PROJECT NO. LEN-20030
FILENAME LEN20030-Wetland Exhibit
CHECKED BY JBW
DRAWN BY DMD
SCALE 1"=40'
DATE 01.08.2020
7
LEN20030-Wetland Exhibit
M:\Projects\Lennar\LEN-20030\04-Production\Engineering\03 - Construction Documents\Current Drawings\LEN20030-Wetland Exhibit.dwg, 1/11/2021 2:56:40 PM, Doan, Diana
SUMMERLYN VILLAGE
IMPACT INSET
MOORESVILLE ROAD
KANNAPOLIS, NORTH CAROLINA
PROJECT NO.LEN-20030
FILENAME
CHECKED BY JBW
DRAWN BY DMD
SCALE 1"=40'
DATE 01. 08. 2020
The John R. McAdams Company, Inc.
www.mcadamsco.com
phone 704. 527. 0800
fax 919. 361. 2269
license number: C-0293
3430 Toringdon Way
Suite 110Charlotte, NC 28277
PLAN INFORMATION
EX-3
ROAD F
(60' PUBLIC R/W)
ROAD H
(VARIABLE WIDTH PUBLIC R/W)
GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
SITE LEGEND
8
LEN20030-Wetland Exhibit
M:\Projects\Lennar\LEN-20030\04-Production\Engineering\03 - Construction Documents\Current Drawings\LEN20030-Wetland Exhibit.dwg, 1/11/2021 2:56:55 PM, Doan, Diana
SUMMERLYN VILLAGE
IMPACT INSET
MOORESVILLE ROAD
KANNAPOLIS, NORTH CAROLINA
PROJECT NO.LEN-20030
FILENAME
CHECKED BY JBW
DRAWN BY DMD
SCALE 1"=40'
DATE 01. 08. 2020
The John R. McAdams Company, Inc.
www.mcadamsco.com
phone 704. 527. 0800
fax 919. 361. 2269
license number: C-0293
3430 Toringdon Way
Suite 110Charlotte, NC 28277
PLAN INFORMATION
EX-4 GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
ROAD F
(60' PUBLIC R/W)
SITE LEGEND
9
LEN20030-Wetland Exhibit
M:\Projects\Lennar\LEN-20030\04-Production\Engineering\03 - Construction Documents\Current Drawings\LEN20030-Wetland Exhibit.dwg, 1/11/2021 2:57:10 PM, Doan, Diana
SUMMERLYN VILLAGE
IMPACT INSET
MOORESVILLE ROAD
KANNAPOLIS, NORTH CAROLINA
PROJECT NO.LEN-20030
FILENAME
CHECKED BY JBW
DRAWN BY DMD
SCALE 1"=40'
DATE 01. 08. 2020
The John R. McAdams Company, Inc.
www.mcadamsco.com
phone 704. 527. 0800
fax 919. 361. 2269
license number: C-0293
3430 Toringdon Way
Suite 110Charlotte, NC 28277
PLAN INFORMATION
EX-5 GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
SITE LEGEND
10
LEN20030-Wetland Exhibit
M:\Projects\Lennar\LEN-20030\04-Production\Engineering\03 - Construction Documents\Current Drawings\LEN20030-Wetland Exhibit.dwg, 1/11/2021 2:57:25 PM, Doan, Diana
SUMMERLYN VILLAGE
IMPACT INSET
MOORESVILLE ROAD
KANNAPOLIS, NORTH CAROLINA
PROJECT NO.LEN-20030
FILENAME
CHECKED BY JBW
DRAWN BY DMD
SCALE 1"=40'
DATE 01. 08. 2020
The John R. McAdams Company, Inc.
www.mcadamsco.com
phone 704. 527. 0800
fax 919. 361. 2269
license number: C-0293
3430 Toringdon Way
Suite 110Charlotte, NC 28277
PLAN INFORMATION
EX-6 GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
ROAD F
(60' PUBLIC R/W)
SITE LEGEND
11
LEN20030-Wetland Exhibit
M:\Projects\Lennar\LEN-20030\04-Production\Engineering\03 - Construction Documents\Current Drawings\LEN20030-Wetland Exhibit.dwg, 1/11/2021 2:57:40 PM, Doan, Diana
SUMMERLYN VILLAGE
IMPACT INSET
MOORESVILLE ROAD
KANNAPOLIS, NORTH CAROLINA
PROJECT NO.LEN-20030
FILENAME
CHECKED BY JBW
DRAWN BY DMD
SCALE 1"=40'
DATE 01. 08. 2020
The John R. McAdams Company, Inc.
www.mcadamsco.com
phone 704. 527. 0800
fax 919. 361. 2269
license number: C-0293
3430 Toringdon Way
Suite 110Charlotte, NC 28277
PLAN INFORMATION
EX-7 GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
SITE LEGEND
12
LEN20030-Wetland Exhibit
M:\Projects\Lennar\LEN-20030\04-Production\Engineering\03 - Construction Documents\Current Drawings\LEN20030-Wetland Exhibit.dwg, 1/11/2021 2:57:55 PM, Doan, Diana
SUMMERLYN VILLAGE
IMPACT INSET
MOORESVILLE ROAD
KANNAPOLIS, NORTH CAROLINA
PROJECT NO.LEN-20030
FILENAME
CHECKED BY JBW
DRAWN BY DMD
SCALE 1"=40'
DATE 01. 08. 2020
The John R. McAdams Company, Inc.
www.mcadamsco.com
phone 704. 527. 0800
fax 919. 361. 2269
license number: C-0293
3430 Toringdon Way
Suite 110Charlotte, NC 28277
PLAN INFORMATION
EX-8 GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
SITE LEGEND
13
LEN20030-Wetland Exhibit
M:\Projects\Lennar\LEN-20030\04-Production\Engineering\03 - Construction Documents\Current Drawings\LEN20030-Wetland Exhibit.dwg, 1/11/2021 2:58:10 PM, Doan, Diana
SUMMERLYN VILLAGE
IMPACT INSET
MOORESVILLE ROAD
KANNAPOLIS, NORTH CAROLINA
PROJECT NO.LEN-20030
FILENAME
CHECKED BY JBW
DRAWN BY DMD
SCALE 1"=40'
DATE 01. 08. 2020
The John R. McAdams Company, Inc.
www.mcadamsco.com
phone 704. 527. 0800
fax 919. 361. 2269
license number: C-0293
3430 Toringdon Way
Suite 110Charlotte, NC 28277
PLAN INFORMATION
EX-9 GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
SITE LEGEND
14
NORTHERN CULVERTS CROSS SECTION DOWNSTREAM NORTHERN CULVERTS PROFILE 700 700
f
-�-r\ ----------I-PROPOSED GRADE 690 V 690
PROPOSED GRADE _)
690 690 ---t-----·--·------·----------+--·----+-------+----
680
675
--
_6_8_o __ .,,..../_
(1) 80 LF 6'H X 6'W CONCRETEI_/-BOX CULVERT (BURIED 1') INV IN=681' �
I I I I I \ ' 'I I
INV OUT=680' ,��-�� (2) 80 LF 8'H X 9'W CONCRETE,---•-""" -BOX CULVERT (BURIED 1') INV IN=679'
�=�-�-,=--�,�,---------=..:::.:::: -680 INV OUT =678' 6 7 5
... : __ _\J______________ �-EXISTING GRADE
-......_ _ � (1) 80 LF 6'H X 6'W CONCRETE BOX CULVERT (BURIED 1') INV IN=681' INV OUT=680'
675 "--(2) 80 LF 8'H X 9'W CONCRETEBOX CULVERT (BURIED 1') INV IN=679' .__ __ ___. ___ ___. ___ ___,_ ___ ___._ ___ ---'-___ _.INV OUT =678'
0+00
t
680
675
1 +00
0+00 1 +00 1 +50
SOUTHERN CULVERT CROSS SECTION 700 700
PROPOSED GRADE --,� , ,I\ / I
I \ / I
I \
I \
I \
I \
I \
I \
I \ 690 I \ 690 ---+---+----------t----+---+------,f----
680
J \.__ I \ -----/ 1 ---EXISTING GRADE
I \ I \ ,I / ' / I -I I I I I I I I I I
', I \ / I I / ' � 11 / I I ----� I I \ / -l--I ----------�-J-(1) 80 LF 5'H X 5'W CONCRETE-BOX CULVERT (BURIED 1') t INV IN=683' INV OUT=682'680
0+00 1 +00
EX-10
M:\Proiects\Lennar\LEN-20030\04-Production\Eni;iineering\03 -Construction Documents\Current Drawings\LEN20030-Wetland Exhibit.dwg, 1/11/202 12:58:23 PM, Doan, Diana
DOWNSTREAM SOUTHERN CULVERT PROFILE 700 700
PROPOSED GRADE__,,/ I I I I I I I
,/ I / I / I I I I I I I I I
,, I I I I I I I I I I I I I I I I I I \ I I IEXISTING GRADE ---+-------,1 1 I I I \ ! 690 \ I 690 ---t-------1-....L..._--+----I I I I
I I I I
I I
I I 1...-I
I I
I I \ .... I I II I I
L ,. -----
.... (1) 80 LF 5'H X 5'W CONCRETEBOX CUL VERT (BURIED 1 ') INV IN=683' -INV OUT=682'
680 680
0+00 0+50 ,,,,, .... ,,,,,,,, CAR ,,,,,, -<'0 01 ,, ,''a�' ·•·c·s··s······ '--/A.,,, VERTICAL GRAPHIC SCALE $ = / � � IO••.;� � o 2 4 8 ,. ..._- •rf:> :,z,, • T _.
.... .. � � •• - I------------I g f a;_ SEAL r\ � ; \ 049168 j � -. . ... 1 inch= 4 ft.
� '6 \�, �/Qi HORIZONTAL GRAPHIC SCALE
', -?I. ·•.'VG/Nt-�•-· ,S;-� 0 20 40 80 , -�').. .. .. (""'\'( ' ,, -1/ J..._, ••••••••• ov .,., ,,, '1,(!N B �a ,,, ' ,,, . ,,, ''••111110''
I 1 inch = 40 ft.
The John R. McAdams Company, Inc.
3430 Toringdon Way
Suite 110 Charlotte, NC 28277 SUMMERLYN VILLAGE PLAN INFORMATION PROJECT NO. LEN-20030
phone 704. 527. 0800
fax 919. 361. 2269
license number: C-0293
MCADAMS www.mcadamsco.com
CULVERT PROFILES AND CROSS SECTIONS
MOORESVILLE ROAD
KANNAPOLIS, NORTH CAROLINA
FILENAME LEN20030-Wetland Exhibit CHECKED BY JBW DRAWN BY DMD SCALE 1"=40'/1"=4' DATE 01.08.2020
15
Jurisdictional Determination Jurisdictional
Determination Information
DELINEATION MAP For study purposes only Subject to USACE/NCDEQ verificationFIGURE16 6/25/19 Prepared for: LENNAR PERENNIAL STREAM P - 658 lfINTERMITTENT STREAM C - 108 lfCULVERT WETLAND E - 0.018 acINTERMITTENT STREAM Q - 218 lfIRISH BUFFALO CREEK - 1,432 lf WETLAND O/OO - 13.07 acPERENNIAL STREAM A -1,000 lf WETLAND D -0.03 ac WETLAND F/FF - 4.14 ac PER STR H - 1,314 lf WETLAND G - 0.71 ac INT STR I - 100 lf WET J/JJ -0.05 ac WETLAND N - 0.13 ac PROJECT BOUNDARY STUDY LIMITS +/- 133 ac WETLAND L -0.1 ac PERENNIAL STREAM B -369 lfWETLAND M - 0.22 ac WET K -0.02 ac 1029613574NCDEQ STREAM FORM A NCDEQ STREAM FORM I 8USACE UPLAND FORM DP1 USACE WETLAND FORM L *** USACE VERIFICATION 1/16/20 *** SUMMERLYN VILLAGESCabarrus Co., NC
Mooresville Road – Rainbow Drive
Cabarrus Co., NC – 6/4/19
NON-JURISDICTIONAL SWALE – PHOTO 1 OLD ROAD SIDE DITCH – PHOTO 2
Mooresville Road – Rainbow Drive
Cabarrus Co., NC – 6/4/19
INTERMITTENT STREAM C – PHOTO 3 INTERMITTENT STREAM C – PHOTO 4
Mooresville Road – Rainbow Drive
Cabarrus Co., NC – 6/4/19
PERENNIAL STREAM A – PHOTO 5 PERENNIAL STREAM H – PHOTO 6
Mooresville Road – Rainbow Drive
Cabarrus Co., NC – 6/4/19
WETLAND F/FF – PHOTO 7
WETLAND L – PHOTO 8
Mooresville Road – Rainbow Drive
Cabarrus Co., NC – 6/4/19
WETLAND F/FF – HEAVILY IMPACTED BY BEAVER ACTIVITY – PHOTO 9
WETLAND O/OO – HEAVILY IMPACTED BY BEAVER ACTIVITY – PHOTO 10
Threatened & Endangered Species Report Threatened & Endangered Species
Report
Threatened / Endangered / Protected Species
Evaluation
For: Rainbow Drive - Kannapolis
Cabarrus County, North Carolina
By: Lisa R. Gaffney
August 25, 2019
Rainbow Drive Kannapolis –Threatened / Endangered / Protected Species Evaluation
2
GENERAL LANDSCAPE DESCRIPTION:
The Rainbow Drive-Kannapolis site (+/- 133 acres) is located just north of
Mooresville Road; and just west of Rainbow Drive and Irish Buffalo Creek; in
Cabarrus County, North Carolina. It can be found on the Kannapolis, NC USGS
Topographic Quadrangle Maps; latitude is 35.4909 N, longitude is -80.6562 W.
The topography is flat to moderately sloped. The elevation ranges from 660 to
760 ft. (Figure 1). The site is disturbed and successional old farmland and wood
lots covered with old roads and a mixed pine and hardwood forest that is
disturbed throughout.
Figure 1:
Rainbow Drive Kannapolis –Threatened / Endangered / Protected Species Evaluation
3
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
Cabarrus 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 August 12 and 19, 2019.
Table 1: Threatened / Endangered / Protected Species listed for
Cabarrus County, NC
County: Cabarrus, NC
*Source: US Fish & Wildlife Service
**Data search on August 12, 2019
Group Name
Federal
Status Record Status
Vascular
Plants
Schweinitz's sunflower (Helianthus
schweinitzii)
Endangered Current
Vertebrate Northern Long-Eared Bat (Myotis
septentrionalis)
Threatened Probable/Potential
Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected Current
Invertebrate Carolina Heelsplitter (Lasmigona decorata) Endangered Historic
Rainbow Drive Kannapolis –Threatened / Endangered / Protected Species Evaluation
4
SPECIES DESCRIPTIONS:
One plant species with federal protection was listed as potentially occurring in
Cabarrus County:
•Schweinitz’s Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights-of-way (ROW).
A total of three animal species with federal protection are listed as potentially
occurring in Cabarrus County:
•Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden
Eagle Protection Act, typically inhabits forested areas near large bodies of
open water such as lakes, marshes, seacoasts and rivers, where there are
suitable fish populations and tall trees for nesting and roosting.
•Carolina Heelsplitter (Lasmigona decorata), listed as Federally
Endangered, is restricted to cool, clean, well-oxygenated water. Stable,
silt- free stream beds are required for this species. Typically, stable areas
occur where the stream banks are well-vegetated with trees and shrubs.
•Northern Long-eared Bat (Myotis septentrionalis), listed as Federally
Threatened. During summer, northern long-eared bats roost singly or in
colonies underneath bark, in cavities, or in crevices of both live and dead
trees. Males and non-reproductive females may also roost in cooler
places, like caves and mines. It has also been found, rarely, roosting in
structures like barns and sheds. Northern long-eared bats spend winter
hibernating in caves and mines, called hibernacula.
RESULTS:
The site is successional old farmland and wood lots covered with old roads and a
mixed pine and hardwood forest that is disturbed throughout. A small power line
parallels the roadside corridor along Rainbow Drive, and the roadside corridor
along Mooresville Highway is undergoing major construction including a new
bridge crossing at Irish Buffalo Creek. The wooded slopes have streams and
drainages that flow generally southeastward into Irish Buffalo Creek. There is
considerable beaver activity in the floodplains of the main unnamed tributary, and
Irish Buffalo Creek, and several areas are inundated.
Portions of the site in the more recently disturbed upland and timbered areas are
covered with a mixed pine and hardwood forest. Dominant species present
Rainbow Drive Kannapolis –Threatened / Endangered / Protected Species Evaluation
5
include Shortleaf Pine (Pinus echinata), Virginia Pine (P. virginiana), Loblolly
Pine (P. taeda), Red Cedar (Juniperus virginiana), Winged Elm, (Ulmus alata),
Red Maple (Acer rubrum), Honey Locust (Gleditsia triacanthhos), Sweetgum
(Liquidambar styraciflua), Black Cherry (Prunus serotina), Persimmon (Diospyros
virginiana), Black Gum (Nyssa sylvatica), Blackberry (Rubus sp.), Russian Olive
(Elaeagnus umbellata), Smooth Sumac (Rhus glabra), Groundsel (Baccharis
halimifolia), Japanese Honeysuckle (Lonicera japonica), Catbrier (Smilax sp.),
and Poison Ivy (Toxicodendron radicans).
The steeper slopes with older growth woods approximate a Basic Oak-Hickory
Forest community type, grading into Piedmont/Low Mountain Alluvial
Forest in the bottomlands along the streams. The canopy is composed of White
Oak (Quercus alba), Post Oak (Q. stellata), Red Oak (Q. rubra), Southern Red
Oak (Q. falcata), Willow Oak (Q. phellos), Pignut Hickory (Carya glabra),
Shagbark Hickory (C. ovata), Sweetgum (Liquidambar styraciflua), Tulip Poplar
(Liriodendron tulipifera), Hackberry (Celtis laevigata), American Elm (Ulmus
americana), and White Ash (Fraxinus americana). The floodplains also feature
Sycamore (Platanus occidentalis), Green Ash (Fraxinus pensylvanica), and
Cottonwood (Populus deltoides). The subcanopy is composed of Flowering
Dogwood (Cornus florida), American Holly (Ilex opaca), Mulberry (Morus rubra),
Winged Elm (Ulmus alata), Black Cherry (Prunus serotina), Eastern Red Cedar,
and Black Gum (Nyssa sylvatica). Floodplain small trees include Box Elder
Maple (Acer negundo) and Ironwood (Carpinus caroliniana). The shrub layer
includes Black Haw (Viburnum prunifolium), and Pinxter Azalea (Rhododendron
nudiflorum), Heart’s-a-burtstin (Euonymus americanus), Blueberry (Vaccinium
spp.), Chinese Privet (Ligustrum sinense), and Russian Olive (Elaeagnus
angustifolia). Vines present are Japanese Honeysuckle, Virginia Creeper
(Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), Mikania scandens
(Climbing Hempvine), Catbrier, and Poison Ivy. The herb layer includes Heartleaf
Ginger (Hexastylis arifolia), Christmas Fern (Polystichum acrostichoides), Ebony
Spleenwort (Asplenium platyneuron), Spotted Wintergreen (Chimaphila
maculata), American alumroot (Heuchera americana), Running Pine
(Lycopodium flabelliforme), Downy Rattlesnake Plantain (Goodyera pubescens),
and Japanese Stilt Grass (Microstegium vimineum).
The assemblage of plants growing in the transitional and more open disturbed
areas and roadsides includes Sericea Lespedeza (Lespedeza cuneata),
Goldenrod (Solidago sp.), Blackberry, Broomsedge (Andropogon virginicus),
Splitbeard (A. ternarius), Groundsel (Senicio sp.), Johnson Grass, Rabbit
Tobacco (Gnapthalium obtusifolium), Beggars Ticks (Desmodium sp.),
Thoroughwort (Eupatorium sp.), and St. John’s Wort (Hypericum punctatum).
Rainbow Drive Kannapolis –Threatened / Endangered / Protected Species Evaluation
6
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz’s Sunflower along the roadsides, and
woods edges were 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.
• The on-site streams do not have the habitat characteristics required to
support populations of the Carolina Heelsplitter. Based on existing
documentation, Carolina Heelsplitter populations have not been previously
identified within this basin. No individuals were observed during the survey
nor would any be expected on-site.
• Comparing this site location to the USFWS Asheville office’s website
(http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html) it
appears that the site meets the “exempt” criteria which requires no further
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
August 25, 2019
Rainbow Drive Kannapolis –Threatened / Endangered / Protected Species Evaluation
7
Curriculum Vitae for:
Lisa R. Gaffney
Biologist / Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist and has
conducted field work and investigative studies covering thousands of cumulative acres in
both North and South Carolina since 1996, including:
•Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized,
directed, and worked in field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
•Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed,
and worked in field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
•Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 50,000 acres in North and South Carolina, 1996 - present.
•Located and identified at least six previously unreported populations of Federally
Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
•Located and identified four previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
•Located a previously unknown population of Federally Endangered Schweinitz's
Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to
the purchase of the site by the State of North Carolina Plant Conservation
Program, now called Redlair Preserve. This population has become a Recovery
Site for the species.
•Participated in numerous Piedmont Prairie restoration projects in Mecklenburg,
Union, Cabarrus and Gaston Counties, North Carolina.
Approvals Approvals /
Authorizations
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01393 County: Cabarrus U.S.G.S. Quad: NC- Kannapolis
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Lennar Carolinas, LLC
Jon Hardy
Address: 6701 Carmel Road, Suite 425
Charlotte, NC 28226
Telephone Number: 704-542-8300
E-mail:jon.hardy@lennar.com
Size (acres) 133 Nearest Town Kannapolis
Nearest Waterway Irish Buffalo Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude:35.4909
Longitude: -80.6562
Location description: The review area is located 1000 feet Northeast of the intersection of Mooresville Road and Tucker Avenue
in Cabarrus County. PIN(s): 46037801890000 & 56036995680000.
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 6/25/2019. 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-2019-01393
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
Catherine.M.Janiczak@usace.army.mil.
C.Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 01/16/2020.
D.Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ______________________________________________________
Date of JD: 01/16/2020 Expiration Date of JD: Not applicable
mit an RFA form to the Division Office if yo
____________________________________
ii f
SAW-2019-01393
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