Loading...
HomeMy WebLinkAbout20201717 Ver 2_401 Application_20210406Staff Review Form Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* 6* Yes r No ID#* Version* 2 20201717 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office:* Submittal Type:* r Yes r No Alan Johnson:eads\adjohnsonl Mooresville Regional Office - (704) 663-1699 401 Application Does this project require a request for payment to be sent?* C' Yes No How much is r $240.00 owed?* C' $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type:* ✓ For the Record Only (Courtesy Copy) ✓ New Project ✓ Modification/New Project with Existing ID ✓ More Information Response ✓ Other Agency Comments ✓ Pre -Application Submittal ✓ Re-Issuance\Renewal Request ✓ Stream or Buffer Appeal Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. Attach documentation of Pre -Filing Meeting Request here: Timeclock Expired_04.05.21.pdf Date for Meeting Request 3/5/2021 ID# 20201717 Version 2 Project Contact Information Name: David Brame Who is submitting the inforrration? Email Address: hlagamba@pilotenviro.com Project Information Project Name: Irish Potato Rd Is this a public transportation project? r Yes a No 52.06KB Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Cabarrus Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docunent 5988 Irish Potato Road Revised PCN 5.05MB Application_4.6.21.pdf Only pdf or krre files are accepted. Describe the attachments or comments: Revised PCN for 401 WQC. Sign and Submit 17 By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: Submittal Date: Is filled in autorratically. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW - Prepare file folder n 1. Project Name [PCN Form A2a]: Irish Potato Road 2. Work Type: Private Begin Date (Date Received): Assign Action ID Number in ORM n nlnstitutional Fl Government Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: The site is an approximate 124-acre tract located west of Irish Potato Road that is proposed for development with a residential subdivision. 4. Property Owner / Applicant [PCN Form A3 or A4]: PP&I, LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Pilot Environmental, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: SAW-2020-01440 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form Blb]: West of Irish Potato Road in Concord, NC 35.4502600,-80.516884° 8. Project Location — Tax Parcel ID [PCN Form B la]: 56428213790000 9. Project Location — County [PCN Form A2b]: Cabarrus 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Concord 11. Project Information — Nearest Waterbody [PCN Form B2a]: Little Cold Water Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: 03040105 Authorization: Section 10 Fl Section 404 fl Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Section 10 and 404 n RPre -Application Request Unauthorized Activity RCompliance No Permit Required Revised 20150602 NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] DWR project no. Click enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.450260 Longitude (DD.DDDDDD): 80.516884 Form Version 1.5, September 2020 Date received: [Click to enter.] Date received: [Click to enter.] Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 3/5/2021 DWR ID # 20201717 Version 1 (If applicable) A. Processing Information County (counties) where project is located: * Cabarrus Additional (if needed). Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes ❑x No Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. la. Type(s) of approval sought from the Corps: * ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 21 PCN Form - Version 1.5, September 2020 1b. Permit type(s)? El Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? • Yes 0 No NWP number(s): NWP 29 RGP number(s): Click to enter ld. Type(s) of approval sought from the DWR (check all that apply): 0 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes 0 No For the record only for Corps Permit: ❑ Yes 0 No 1f. Is this an after -the -fact permit/certification application? ❑ Yes 0 No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes 0 No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes 0 No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? Yes 0 No Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes 0 No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 21 PCN Form - Version 1.5, September 2020 B. Applicant Information 1 a. Who is the primary contact? * Steve Ross 1 b. Primary Contact Email: * Premiersr77©gmail.com 1c. Primary Contact Phone: * (###)###-#### 704-305-3794 ld. Who is applying for the permit/certification? * (check all that apply) Owner El Applicant (other than owner) 1 e. Is there an agent/consultant for this project?* Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * PP&I LLC 2b. Deed Book and Page No.: 13903/0258 2c. Responsible Party (for corporations): Steve Ross 2d. Address i Street Address: 77 McCachern Blvd SE Address line 2: Suite 2 City: Concord State/ Province/ Region: NC Postal/ Zip Code: 28025 Country: United States 2e. Telephone Number: (###)###-#### (704) 305-3794 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * Premiersr77©gmail.com 3. Applicant Information (if different from owner) 3a. Name: * Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: * (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: * Click to enter. 4. Agent/ Consultant (if applicable) 4a. Name: * Seren M. Homer/David S. Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address:* Street Address: 743 Park Lawn Court Address line 2: Click to entE City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: United States 4d. Telephone Number: * (###)###-#### (336) 712-7459 / (336) 708-4617 4e Fax Number: (###)###-#### Click to ente 4f. Email Address: * shomer@pilotenviro.com/dbrame@pilotenviro.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army.mil/Missions/Rep ulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 21 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Irish Potato Road 1 b. Subdivision name (if appropriate): Proposed Subdivision lc. Nearest municipality/town: * Concord 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 56428213790000 2b. Property size (in acres): 124 2c. Project Address: Street Address: 2403 Irish Potato Road Address line 2: Click to GI IL. City: Concord State/ Province/ Region: North Carolina Postal/ Zip Code: 28025 Country: United States 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.450260 Longitude (-DD.DDDDDD): -80.516884 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Little Cold Water Creek 3b. Water Resources Classification of nearest receiving water: * Class C The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 3c. In what river basin(s) is your project located? ` Yadkin-PeeDee unoose aaaiuonal (if needed) 3d. Please provide the 12-digit HUC in which the project is located: 030401050201 The Find Your HUC map may be found at this link: https://ncdenr.maps.arcdis.com/apps/PublicInformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 5 of 21 PCN Form - Version 1.5, September 2020 4. Project Description and History 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 currently contains wooded land and recently timbered land undergoing natural regeneration. General land use in the vicinity of the project area is residential and undeveloped wooded land. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? El Yes ❑ No x❑ Unknown 4c. If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): [Click to enter.] .[Click to enter.] Attach any pertinent project history documentation 4d. Attach an 8% x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8% x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the property: 0.23 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5320 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: Click to enter. acres 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct a 9-lot residential subdivision. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the construction of a 9-lot residential subdivision and the associated private road. In order to provide access to the subdivision lots, it is necessary to install a stream crossing on the central portion of the site. Clearing and grading will be necessary to facilitate construction of the access road and site development. Graders, haulers, excavators, and other heavy equipment will be used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? * Yes ❑ No Unknown Comments: Click to enter text 5b. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Seren Homer/David Brame Agency/Consultant Company: Pilot Environmental, Inc. Other: ,IIGK W CI RC. 5c. If the Corps made a jurisdictional determination, what type of determination was made? x❑ Preliminary ❑ Approved ❑ Emailed Concurrence ❑ Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): SAW-2020-01440 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. 9/24/2020 Page 6 of 21 PCN Form - Version 1.5, September 2020 5d1. Attach jurisdictional determinations. Page 7 of 21 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ❑ Yes x❑ No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Other NWPs or individual permits are not known at this time. Page 8 of 21 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory 1. Impacts Summary 1 a. Where are the impacts associated with your project (check all that apply): ❑ Wetlands ❑ Buffers ❑ Pond Construction ❑x Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Name* 2d. Wetland Type* 2e. Forested ? 2f. Jurisdiction Type` 2g. Impact Area (ac) W1 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W2 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W3 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W4 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W5 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W6 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts Click to enter. ac 2h. Comments: Wetland impacts are not proposed Page 9 of 21 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a. Impact Reason/ Type* 3b. Impact Duration 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) Si Dewatering Temporary SB Perennial Both 8 14 S2 Fill (Incl. Riprap) Permanent SB Perennial Both 8 44 S3 Fill (Incl. Riprap) Permanent SB Perennial Both 8 75 S4 Dewatering Temporary SB Perennial Both 8 19 S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: 119 linear ft 3i3. Total temporary stream impacts: 33 linear ft 3i4. Total stream and ditch impacts: 152 linear ft 3j. Comments: The culvert installation will permanently impact 75 linear feet (0.0138 Ac.) of stream with fill from culvert/headwall placement and 44 linear feet (0.0081 Ac.) of stream with riprap that is to be keyed in to the existing stream bed elevation. Additionally, 33 linear feet (0.0061 Ac.) of stream will be temporarily impacted by the pump around coffer dams. Page 10 of21 PCN Form - Version 1.5, September 2020 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., individually list all open water impacts in the table below. 4a. Site # 4b. Impact Reason/ Type 4c. Impact Duration* 4d. Waterbody Name 4e. Waterbody Type 4e1. Jurisdiction Type* 4f. Impact area (ac) 01 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter 02 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter 03 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter 04 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. UIicK to enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5f. Total Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes x❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Pond/lake construction is not proposed. Page 11 of21 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: .6K to entE Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6i. Comments: The project is located within the Yadkin River Basin. Therefore, protected riparian buffer impacts are not proposed. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of21 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the proposed residential subdivision to avoid other impacts to streams and wetlands. Headwalls and endwalls have been included to further minimize impacts. The remaining 5349 LF of stream and 0.23 acres of wetlands will be avoided. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: * The clearing limits will be staked, and silt fencing and clearing limit fencing will be used. Disturbed areas will be seeded and mulched to limit sediment from entering downgradient waters. Temporary impacts will be returned to pre - construction conditions. A temporary diversion berm and a 12" slope drain will be installed below the silt bag to protect the stream bank. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * (check all that apply) ❑ DWR ❑ Corps 2b. If yes, which mitigation option(s) will be used for this project? (check all that apply) ❑ Mitigation Bank ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Mitigation is not proposed. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to ente linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:0 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres Page 13 of21 PCN Form - Version 1.5, September 2020 4h. Comments: Mitigation is not proposed. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes x❑ No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? El Yes ❑ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Buffer mitigation is not required. Page 14 of21 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑x No 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. What Type of SCM are you providing? (Check all that apply) ❑ Level Spreader IIIVegetated Conveyance (lower seasonal high water table- SHWT) ❑ Wetland Swale (higher SHWT) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑x Yes ❑ No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? ❑x Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- approved local government stormwater program? ❑ Yes ❑x No Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? (Check all that apply) * x❑ Local Government ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 15 of21 PCN Form - Version 1.5, September 2020 Local Government Stormwater Programs * ❑x Phase II ❑ NSW El USMP ❑ Water Supply Please identify which local government stormwater program you are using.* Cabarrus County State Stormwater Programs * El Phase II ❑ Coastal Counties El HOW or ORW ❑ Other Comments: Click to enter. Page 16 of 21 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * ❑ Yes x❑ No 1 b. 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 lc. 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.) ❑ Yes ❑ No Comments: Click to enter. 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), DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes x❑ No 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): ;lick to enter. 3. Cumulative Impacts (DWR 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 x❑ No 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed project is not proposed or anticipated. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * ® Yes x❑ No ❑ N/A 4b. If yes, 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. The project will utilize conventional on -site septic systems. Page 17 of21 PCN Form - Version 1.5, September 2020 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? (IPAC weblink: https://www.fws.gov/ipac/ [fws.govl) * ❑ Yes 0 No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? * El Yes 0 No 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? * ❑ Yes 0 No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes 0 No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes ❑ No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes 0 No Link to NLEB SLOPES document: http://saw-req.usace.army.mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? El Yes 0 No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? * ❑ Yes 0 No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Sources: USFWS IPaC site -specific species list; Asheville Ecological Field Office shapefile "June_1_2016_NLEB_HUC12"; ECOS website The NLEB, Carolina heelsplitter, and Schweinitz's sunflower are identified on the species list generated by IPaC for the site. The site contains potential summer roosting habitat for the NLEB. However, based on a review of the Asheville Field Office website's June_1_2016_NLEB_HUC12 NLEB shapefiles, the 12-digit HUC with the nearest confirmed hibernation and/or maternity sites is located more than 83 miles from the site. Incidental take that occurs beyond one - quarter mile of a known hibernation site or 150 feet of a known occupied maternity roost during the pup season (June 1-July 31) is exempt from ESA requirements under the final 4(d) rule. The proposed impact area and immediately surrounding areas do not contain suitable habitat for Schweinitz's sunflower. The stream within and adjacent to the proposed impact area does not provide suitable habitat for the Carolina heelsplitter. Based on a review of the range map available through ECOS, the site is located more than five miles from the current documented range for the species. Therefore, we have determined the proposed project is not likely to adversely affect federally protected species. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes 0 No Page 18 of21 PCN Form - Version 1.5, September 2020 Are there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes x❑ No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? * Essential Fish Habitat Mapper — NOAA Fisheries Page 19 of 21 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://qis.ncdcr.gov/hpoweb/ 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)? El Yes El No 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? We reviewed the NC HPO Map (http://gis.ncdcr.gov/hpoweb/) to identify historic and/or archaeological resources on the site. The map does not identify properties that are listed or are eligible for listing on the National Register at the site or on nearby properties. A copy of the map is included as an attachment. Additionally, there are no structures on site that could potentially be eligible. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.qov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes x❑ No 8b. If yes, explain how the project meets FEMA requirements. ;lick to enter. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer froom FEMA Web Map Service — FEMA Panels 3710564200K (eff. 11/16/2018) and 3710565200J (eff. 11/5/2008) Page 20 of21 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested I. Signature* ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * David S. Brame Signature: * e ee v Date: 4/6/2021 Page 21 of21 PCN Form - Version 1.5, September 2020 DWR Pre -Filing Meeting Request Form Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* David Brame hlagamba@pilotenviro.com PP & I, LLC Irish Potato Rd Chowan Street Address 77 McCachern Boulevard SE, Suite 2 Address Line 2 City State / Rovince / Region Concord NC Fbstal / Zip Code Country 28025 USA Is this a transportation project?* r Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* c: Yes (' No Please list all existing project ID's associated with this projects.* 20201717 verl Do you know the name of the staff member you would like to request a meeting with? Sue Homewood Please give a brief project description below.* The applicant does not request a meeting. The applicant may submit a request for 401 WQC. Please give a couple of dates you are available for a meeting. Please attach the documentation you would like to have the meeting about. 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. • !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 3/5/2021 Proposal for Environmental Services Pilot Proposal 5988 July 23, 2020 AGENT AUTHORIZATION This form authorizes PEI to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: Applicant Information: Name: Address: Telephone Number: Fax Number: E-mail Address: Signature: P ctZZ Rai C tcO ,AIC 2- D 77 McCQC%y,, 13(ud SE / Nc 2,07?5 7(-1-3 -3719 fcnvi /tsr 77)J 6 Date: '1 l a 3 Drawing 1 USGS Topographic Map Concord and Mount Pleasant, NC Quadrangles Scale: 1" = 2,000' P 1 LOT E N V I R O N M E N T A e, I H[ USGS Topographic Map Irish Potato Road Approximate 124-Acre Tract Concord, Cabarrus County, NC Pilot Project 5988 Drawing 2 USDA Web Soil Survey of Cabarrus County, NC Scale: 1" = 500' ■ 1 LOT E N Y I R O N M E N T A L, I N C Web Soil Map Irish Potato Road Approximate 124-Acre Tract Concord, Cabarrus County, NC Pilot Project 5988 Drawing 2A USDA Soil Survey of Cabarrus County, NC Published 1988, Sheets 2 and 3 Not to Scale PILOT"� ' P 1 LOT E N V I R O N M E N T A e, I H[ Published Soil Map Irish Potato Road Approximate 124-Acre Tract Concord, Cabarrus County, NC Pilot Project 5988 LEGEND Site Boundary Freshwater Emergent Freshwater Forested/Shrub Estuarine and Marine Deepwater Estuarine and Marine Freshwater Pond Lake Riverine Other Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 500' ■ 1 LOT E N Y I R O N M E N T A L, I N C NWI Map Irish Potato Road Approximate 124-Acre Tract Concord, Cabarrus County, NC Pilot Project 5988 LEGEND Site Boundary ▪ 1 %Annual Chance Flood Hazard ▪ R egulatory Flood ray • Special Floodway Area of Undetermired Flood Hazard 0.2%Annual Chance Flood Hazard FLture Conditions 1 %Annual Chance Flood Hazard ► Area with Reduced Risk Due to Levee ilketsiA Drawing 4 National Flood Hazard Layer From FEMA Web Map Service Scale: 1" = 500' i PILOT E N V I R O N M E N T A L. I N[ FEMA FIRM Irish Potato Road Approximate 124-Acre Tract Concord, Cabarrus County, NC Pilot Project 5988 1 270 LF WF 1-5 0.011 ac. 0.005 ac. WH 1-8 0.060 ac. SG 470 LF FLAG NUMBERS/INFORMATION WETLAND FLAGS = STREAM FLAGS = Wetland Flags = 40 Stream Flags = Flagged at origins and intersections; surveyor locate V//////A V///////1 SC 70 LF �WE 1-12 0.129 ac. 5A2 120 L F 2260 is SE 110 LF WC 1-11 /0.025 ac. DP-1 SD 1 1360 LF a SD 140 LF LEGEND Site Boundary Perennial Stream Intermittent Stream Wetland • Culvert Q Data Point SA Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MS. KRYSTA STYGAR WITH THE USACE ON SEPTEMBER 23, 2020. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. 4.41 Drawing 5 2019 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 500' Date: 8.3.20 Revised: 9.23.20 P 1 LOT E N V I R O N M E N T A e• I H[ Wetland Map Irish Potato Road Approximate 124-Acre Tract Concord, Cabarrus County, NC Pilot Project 5988 PLAN NOTES NC/N/TY MAP N. 7.1 \\ \\\\I\V.. \ \\\\\\\\\\�/ \ / �1 j\\1\\\\\ \\`--- I N � / / 1 \ \ \\ ) I\\ \\ 1.Q 52` \ I I ___- I J7 J.....-,---1-_ ___ I , / / \ -=-_-=-__-7-----...: — ...., i • fift7 g3. , / ///// �// / \ \\ / // //�/ / / /// //// //// \ I \\\ \ //// /'/ /7 ji // / / �\ \\ \ \ l \--\\\ i�i�7 / / / / \\ \ \\ ---� \\ /// /� / // /// -,LQ1k\\_---. \\ / // / /—a71U Sf �---\\\ I / / / _�/ / 1 1 , —_ \ I / / / �ol I I / /' \\ `I\l�-�� �--i </II////;-. \\'- / / \\ \ %/ / / / // i—�\ —J / / // // \ \\ \` J/ - J / / / / ,// / \ \ \ - - / / _�. it �11 Z- \\ i ji \\ \\ \ \� \ \\\ \ __ \\\ \ \ �>z \ ` _ rnrm / / 7— / / 7 \ 0 \\L‘ fi1J'/ 47_ !,\111 \� =%iii�\ 11(7—\%%N.,e_\- 1�l 1 11I1\`///i�// /// /"`s L- .�-- \ - / 1 1 L\ \ I I \ \\\r- � I � I/ � \�� ---- \I l \J// I / \\\\I( N/F RUTH CRESS OWENS P13 1116 PG 204 PIN# 5642 83 5586 ZONED: AO TRACT 2 M13 33 PG 94 / - // / / R I / ( /�/ i// / I� / I / / // / // ( // / //// / // LQT 8I I / ////// / / // // / 2246 f. /` //// /// / I 1 1 ( // / // // 1 11I(1ri/1//. \` I\ 1 1 1 I/ �/ j 1111111\\\I\l\ —,-�- l 1 l I\ / 1 1 I I\ \\�� \ \���—\— r oo , 1 J4 \ \\ \� \\\' 1 / / \ \ \ \ � \\ ..... / 1 1 I / 1 / I 11 11,1A \ \\\ \_ \ _ l 1 // // //Jil \ \\ \` \ \\\\ / ///////%/�/ 1 `,,o - \\ \\ \ \ / /// / ////////(// ��\ \\� ii,�////////lull// - \ 1 \ /i i, / /// ////lI/ —=_— \\\\\\\\\ \ �J ��`1 %///// // _ \ / " // / / / /- ,\N*— i////////////// // / \II\\"lfi' \ I11 - // N-/ / / \ \� /// /// / / //e 1\ — — e�- r,- rI - ` ma! IF ) l/-// „ �i r l l I (1 - (/ I — — �.. I n►,a �� I I Il/// 1 /lull\ '\ \ 1 i oo�glllll\\\\\��\\ 11 r�. F )RliiIIVO.H3Lifylc //,///c, / ,,_--,„,„... ir z- ;j J \ \\ /,;,,, / /////%//;' / // c //� -- \\\'s ///i; ///���; /////// •d',ENN vv/IIIII l /ir,; �v�� \\\ 1/ - =77.7-- /im // /'///,/ /// _ \\\\\\\ 1 III / - \\ \ \\\\ \ �, ♦ ////// '//// /�j i���\ \\\\\ II II 1 / \ \\ \ l/./'/iii////l,////i/^��\JIIIIIII\111(//\����\�\�-1\\\ \ 1 \\ Jn\ \\ \ 11 �•, ���/�f J�/IIIIIII/ l�//////„�,\ \\\\�\\\\ JII\\I\\\\\\\ .. \\\�\�\` � /1: / / / III I l l\ \ \ 1 ,�` 11 I \\\\;--k:N. � \ _ � - / I kill- III \\ I I I !3'\\\\\\\�� 11\\1 111 I / � /,t //III III \\\\ \\\\ �p ,� cfriii//%1/71 I I I I I I \I I ��\\\\� ��I1 1 I•I// ('`� g / I I \ \ \\ \\��//iII`�\ ,�:' 111\11� \�\\\�` l%�// \ \ \\s' 1 II A o1 - \\\ / / / /' \ \\\— ,P.` �, \��� ��\1 1 I / ' // - \\\ 1111 / ,.� E\\ \\ \�� ///1 1 ,,_/// iii� 1 \ \ \ // //////j• \ .�_/ /////� N/F ,.,I'• j//��� MARY WALKER SLOOP GPI' _ //// D13 10746 PG 168 ��T- / — / PIN# 5642 80 8693 ee" ZONED: AO /// ///// 0ERENNIAL STREAM 470LF 1 N/F CHARLES TIMOTHY WALKER ET UX D13414 PG213 PIN# 5642 81 1083 ZONED: AO N 0)> z VDz z N/F RUTH CRESS OWENS D13 1116 PG 204 IN# 5642 83 5586 ZONED: AO TRACT 2 M13 33 PG 94 _ J \ \ \ \\ \\ \\ \ \ \ // / \ ///1 J 11/IX/ — \\�\\I /\�J/////////I _ = _ _=-9ar �1I�I�I� // /// 1 / 111 I �` j// �� _ ice_—� / / // 1//'// / /i//1I l/fill /l/ l// /�ji// / /// // /�/ / 1 \ MI" \ \skilIZZA•e4 UITNE BAIG 1 147' S°05" 2 5.76°81" 3 7.86°93" 4 3.28°80" 5 138' S01'3E \ \\ \\ \\ \\ __\ - ° ` — \�\\ 1\ 111111I11111 / ;• // IIIII II % /� -- )//////////%//// // \ 1 I �/i ////%/ / /j//// 1 - // / 344 — —',,\\\ft• — — 9 \\\ \\\�\\�� \ \\\\\\\\\ \ \\ J \1 \I 1 \ \\\\I �', i N. 1 /�/ii/=-- 111\ N/F DAN E. JOHNSON ET UX 1)13 434 PG 152 PIN# 5652 01 1714 ZONED: AO r ••/A\ c RR SPIKE IN C/L ASPHALT EX NA/L /N ASPHALT ° 1 1� N/F YAILI SANDOVAL D13 12317 PG 40 PIN# 565202. 9909 ZONED: AO P/O TRACT 1 M13 33 PG 94 - UN o 73 \ j �d J j\1 / gaff Till yxi// / /} 7/o/ry� / \l\` \\ \ �f 1J5 31 50.T \ o�(2cn1) N/F RF LOWRANCE D13 7231 PG 223 PIN;* 5652 01 4778 ZONED: AO SITE PLAN Scale: 1 "=200' 200 0 100 0 6,4 1-1 • / REBAR so NCGS E: 1.550.883.71FT NAD 83 (2011) GRAPHIC SCALE 200 400 800 A. ALL WORK TO BE DONE IN ACCORDANCE WITH CITY OF CONCORD, WSACC, NCDOT, NCDE&NR STANDARD SPECIFICATIONS AND PROJECT SPECIFICATIONS. WHEN SPECIFICATIONS ARE IN CONFLICT THE STRICTER SHALL BE HELD. B. ALL BENCHMARK LOCATIONS AND ELEVATIONS ARE TO BE VERIFIED BY THE CONTRACTOR PRIOR TO BEGINNING CONSTRUCTION. C. EXISTING UTILITIES ARE SHOWN IN THEIR APPROXIMATE LOCATIONS ONLY. ANY DAMAGE DONE TO EXISTING UTILITIES, WHETHER SHOWN OR NOT ON THIS PLAN, SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UTILITIES, SHOWN OR NOT SHOWN ON THE PLAN, PRIOR TO BEGINNING CONSTRUCTION. TO ENSURE PROPER LOCATION OF UTILITIES, THE CONTRACTOR SHALL CONTACT NCOCC (NC ONE CALL CENTER) AT 1-800-632-4949 AT LEAST 48 HOURS PRIOR TO CONSTRUCTION. D. CONTRACTOR SHALL VERIFY ALL SITE CONDITIONS PRIOR TO CONSTRUCTION. ANY SIGNIFICANT VARIATIONS SHALL BE REPORTED IMMEDIATELY TO THE ENGINEER. E. THE ENGINEER HAS MADE NO EXAMINATION TO DETERMINE WHETHER ANY HAZARDOUS OR TOXIC MATERIALS ARE PRESENT OR CONTAINED IN, UNDER, OR ON THE SUBJECT PROPERTY OR ITS WATERS; OR IF ANY HAZARDOUS OR TOXIC MATERIALS HAVE CONTAMINATED THIS OR OTHER PROPERTIES OR ITS WATERS IN ANY WAY WHATSOEVER. NO SUBSURFACE EXAMINATION OF ANY TYPE HAS BEEN MADE BY THE ENGINEER AND ACCORDINGLY, NO OPINION EXPRESSED OR INFERRED ON ALL SUCH MATTERS. FURTHER, NO OPINION IS RENDERED AS TO ANY VIOLATION OF ANY ENVIRONMENTAL LAWS OR REGULATIONS, EITHER FEDERAL, STATE OR LOCAL, RELATED TO THE INFORMATION SHOWN ON THIS PLAN AND THE ENGINEER IS IN NO WAY LIABLE FOR ANY VIOLATION OF SUCH ENVIRONMENTAL LAWS SHOULD THEY EXIST. F. BOUNDARY, TOPOGRAPHIC, AND UTILITY SURVEY INFORMATION AS SHOWN TAKEN FROM SURVEY TITLED 4.733 AC -DAVIDSON DRIVE, PREPARED FOR JR CONSTRUCTION & REMODELING, INC., BY NORSTAR LAND SURVEYING INC, R. SCOTT DYER, PLS #4444, DATED 3/31/17. Know what's below. Call before you dig. CH alley, willams, carmen & king, inc. CONSULTING ENGINEERS, SURVEYING & INSPECTION Firm License No. F-0203 120 S. MAIN STREET PO BOX 1248 KANNAPOLIS, NC 28081 704.938.1515 OW 111111 III/ DfaikAnsd by: 10/15/20 This drawing is the property of Alley, Williams, Carmen & King, Inc. It is not to be reproduced, copied, or used on any other project without written permission. Prepared for: xmVX, PR ENIIER,, Premier Real Estate, Inc. 77 McCachern Blvd SE, STE 2 Concord, NC 28025 704-792-1900 0 LIJ 0 0 rish Potato Road, Concord, NC co 0 0 0 0 CNi 0 SCALE: 1" = 200' DATE: 08-14-20 JOB # 20547 1 inch = 200 ft. IDH f SILT BAG STILLING BASIN. SILT BAG SHALL REST ON A MIN. 8" LAYER OF #57 SEDIMENT CONTROL STONE AND SHALL BE LOCATED ON A LEVEL AREA. TEMP. DIVERSION BERM AND A COPE DRAIN TO BE INSTALL 0 BELOW TH SBAG TO P. TECT THE STREAM B K. STREAM BASE FLOW TO BE PUMPED AROUND WORK AREA 652 ♦ PLAN VIEW Scale: 1 "=40' I I TOP FF STREAM BANK (FIE LOCATED) STREAM IMPACT S4 CONSTRUCTION ACTIVITIES TEMPORARY IMPACT LENGTH: 19 LF AVG. WIDTH: 8.0' IMPERVIO S DIKE) I I I I I STREAM BED I V - 6443 I I 72"CMP INV - 64 .3' I I I \\ I I ST ONCRET WIN / REAM IMPACTS S3 72"CMP AND WINGWALLS PERMANENT IMPACT LENGTH:7 AVE WIDTH 8'. STREAM IMPACT S2 CLASS 2 RIPRAP OUTLET P OTECTION PERMANENT IMPACT LENTH: 44 LF AVG. WIDTH: 8.0' IMPERVIOUS DIKE STREAM IMPACT S1 CONSTRUCTION ACTIVITIES TEMPORARY IMPACT LENGTH:14LF AVE. WIDTH: 8.0' / / v -N- 1' FLOW PIPE INVERT BURIED 1' STRUCTUAL FILL 7 GENERAL CONSTRUCTION NOTES: TOP OF HEADWALL RIP RAP SHALL BE KEYED INTO THE EXISTING STREAM BED AND BANKS OUTLET DETAIL NTS EXISTING STREAM BED CLASS 2 RIP RAP OUTLET PROTECTION 24" THICKNESS 1. INSTALL DIVERSION DIKES AND A SILT BAG SPECIAL STILLING BASIN TO TREAT PUMPED SEDIMENT BEGIN INSTALLATION OF THE PROPOSED CULVERT AND RIP -RAP STREAM BANK STABILIZATION. IF GROUNDWATER IS AN ISSUE, INSTALL A PORTABLE DEWATERING PUMP THAT DISCHARGES INTO THE SUFFICIENT TO INSTALL SILT FENCE OVER THE CULVERT, INSTALL SILT FENCE AT THE TOE OF FILL SLOPE ALONG THE HEADWALLS AND TIE INTO THE EXISTING SILT FENCE. 2. IN AREAS WHERE IT IS NOT FEASIBLE TO INSTALL EROSION CONTROL DEVICES, ALL DISTURBED AREAS MUST BE SEEDED AND MULCHED BY THE CONTRACTOR WITHIN THREE DAYS OF INITIAL FORA PERIOD OF 15 DAYS OR LONGER. 3. CONTRACTOR SHALL STABILIZE ALL DISTURBED AREAS PER THE GROUND STABILIZATION TIMEFRAMES. 4. UPON COMPLETION OF THE INSTALLATION AND WITH APPROVAL OF NCDEQ, ALL EROSION CONTROL DEVICES EXCEPT FOR PERMANENT CREEK/STREAM BANK STABILIZATION SHALL BE REMOVED AND POSSIBLE DATE AFTER INSTALLATION OF PIPE, STRUCTURE, OR ACCESS. ONCE GROUND COVER IS FIRMLY ESTABLISHED, ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE REMOVED WITH THE APPROVAL OF NCDEQ. 5. THE CONTRACTOR SHALL INSTALL ALL EROSION CONTROL MEASURES PER THE EROSION CONTROL PLANS AND PERFORM ALL REQUIRED MAINTENANCE TO THESE DEVICES AFTER EACH RAINFALL \\'\ \ 1ICA ,,o,,,�, ,0� • °°°ESS/p � .�oF ti y, Q SEAL _ , D44 by: ''o� GALE F-N `'S misiiiHoo- 4/5/2021 alley, williams, carmen, do king, inc. CONSULTING ENGINEERS FIRM UCENSE No. F-0203 120 SOUTH MAIN STREET P.O. BOX 1248 KANNAPOUS, NC 28082 704/938-1515 PROPOSED SUBDIVISION 2403 IRISH POTATO ROAD CONCORD, NORTH CAROLINA REV. N . OESCIip1ION OA1E INITIAL SCALE OAE 10-14-20 RENSED PIPE LENGTH 3/2E/21 ROF FM' AS SHOWN PROFILE axAUI RCC NN L OWED Mt G W W STREAM IMPACT AREAS 108 N0. 20547 91EET NO. OF: 1 1 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01440 County: Cabarrus U.S.G.S. Quad: NC- Concord NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: P P & I , LLC Steven Ross Address: 77 McCachern Blvd SE Suite 2 Concord, NC 28025 Telephone Number: (704) 305-3794 E-mail: premiersr77(a,gmail.com Size (acres) 124 Nearest Town Concord Nearest Waterway Little Cold Water Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.45026 Longitude: -80.516884 Location description: Parcel is an undeveloped forested lot near the intersection of Irish Potato Road, and Gold Hill Road in Concord, Cabarrus County, North Carolina. It can be identified by PIN 56428213790000. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/23/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2020-01440 will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. 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 Krystynka B Sty2ar at 252-545-0507 or krystynka.b.stvgar(a usace.armv.mil. C. Basis For Determination: Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for wetlands and waters of the U.S. as defined in 33 CFR 328, the 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the preliminary jurisdictional determination and aquatic resource map dated 9/24/2020 included in the file. 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: 9/24/2020 Expiration Date of JD: Not applicable SAW-2020-01440 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 fumished: Agent: Pilot Environmental Seren Homer Address: 743 Park Lawn Court Kernersville, NC 27284 Telephone Number: (336) 310-4527 E-mail: shomer(a pilotenviro.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: P P & I , LLC, Steven Ross File Number: SAW-2020-01440 Date: 9/24/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifies your rights and options regarding an administrative appeal E of the above decision. x SECTION Additional or the information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx 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 fmal 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 • signature rights • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days form and sending the form to the division engineer. This form must be received by of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers 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: preliminary JD. The Preliminary JD is not appealable. If you You do not need to respond to the Corps regarding the wish, you may request an approved JD (which may be appealed), you may provide new information for further consideration by the by contacting the Corps district for further instruction. Also Corps to reevaluate the JD. V ION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your proffered permit in clear concise statements. You may attach objections are addressed in the administrative record.) reasons for appealing the decision or your objections to an initial additional information to this form to clarify where your reasons or ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative information that the review Corps may add new information the location of information that However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Krystynka B Stygar Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding also contact: Mr. Phillip Shannin, Administrative the appeal process you may Appeal Review Officer South Atlantic Division CESAD-PDO U.S. Army Corps of Engineers, 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 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: Krystynka B Stygar, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 08/20/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: P P & I , LLC, Steven Ross, 77 McCachern Blvd SE Suite 2, Concord, NC 28025 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Irish Potato Road, SAW- 2020-01440 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Parcel is an undeveloped forested lot near the intersection of Irish Potato Road, and Gold Hill Road in Concord, Cabarrus County, North Carolina. It can be identified by PIN 56428213790000. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Cabarrus City: Concord Center coordinates of site (lat/long in degree decimal format): Latitude: 35.45026 Longitude: -80.516884 Universal Transverse Mercator: WGS 84 Name of nearest waterbody: Little Cold Water Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ▪ Field Determination. Date(s): September 23, 2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) SA 1 35.451603 -80.514414 440 LF Non -wetland waters Section 404 SB 35.451070 -80.515957 2260 LF Non -wetland waters Section 404 SD 1 35.449198 -80.513259 1360 LF Non -wetland waters Section 404 SD 2 35.449561 -80.510753 140 LF Non -wetland waters Section 404 SF 1 35.448585 -80.5518510 80 LF Non -wetland waters Section 404 SG 35.447530 -80.518202 470 LF Non -wetland waters Section 404 SH 35.454037 -80.519834 270 LF Non -wetland waters Section 404 SA 2 35.451687 -80.514050 120 LF Non -wetland Waters Section 404 SC 35.451721 -80.515968 70 LF Non -wetland waters Section 404 SE 35.449948 -80.515352 110 LF Non -wetland waters Section 404 WC 1-11 35.449773 -80.514885 0.025 acre Wetland Section 404 WE 1-12 35.448870 -80.517855 0.129 acre Wetland Section 404 WF 1-5 35.447944 -80.518663 0.011 acre Wetland Section 404 WG 1-4 35.447423 -80.518898 0.005 acre Wetland Section 404 WH 1-8 35.447570 -80.519233 0.06 acre Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: 3. SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ▪ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Pilot environmental for PP & I , LLC ▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U. S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: 1=24000, 1"=2,000 ; Concord, NC & Mount Pleasant, NC (Drawing 1) ® Natural Resources Conservation Service Soil Survey. Citation: USDA WebSoil Survey of Cabarrus County, NC (Drawing 2) ® National wetlands inventory map(s). Cite name- USFWS NWI Mapper ( drawing 3) ❑ State/local wetland inventory map(s): Z FEMA/FIRM maps: National Flood Hazard Laver from FEMA Web Map Service (drawing 4) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 2019 Satellite Imagery from ESRI (Wetland Map dated 8/3/2020)(drawing 5) or ❑ Other (Name & Date): ▪ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD 9/24/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. Ifthe 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. 1 270 LF WF 1-5 0.011 ac. 0.005 ac. WH 1-8 0.060 ac. SG 470 LF FLAG NUMBERS/INFORMATION WETLAND FLAGS = STREAM FLAGS = Wetland Flags = 40 Stream Flags = Flagged at origins and intersections; surveyor locate V//////A V///////1 SC 70 LF �WE 1-12 0.129 ac. 5A2 120 L F 2260 is SE 110 LF WC 1-11 /0.025 ac. DP-1 SD 1 1360 LF a SD 140 LF LEGEND Site Boundary Perennial Stream Intermittent Stream Wetland • Culvert Q Data Point SA Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MS. KRYSTA STYGAR WITH THE USACE ON SEPTEMBER 23, 2020. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. 4.41 Drawing 5 2019 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 500' Date: 8.3.20 Revised: 9.23.20 P 1 LOT E N V I R O N M E N T A e• I H[ Wetland Map Irish Potato Road Approximate 124-Acre Tract Concord, Cabarrus County, NC Pilot Project 5988 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.govinc-esies/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2021-SLI-0219 Event Code: 04EN1000-2021-E-00491 Project Name: Irish Potato Road December 16, 2020 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance hops://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 12/16/2020 Event Code: 04EN1000-2021-E-00491 2 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see hops://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines(http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www. fws. gov/migratorybirds/CurrentBirdl ssues/Hazards/towers/towers. htm; 12/16/2020 Event Code: 04EN1000-2021-E-00491 3 http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 12/16/2020 Event Code: 04EN1000-2021-E-00491 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 12/16/2020 Event Code: 04EN1000-2021-E-00491 2 Project Summary Consultation Code: 04EN1000-2021-SLI-0219 Event Code: 04EN1000-2021-E-00491 Project Name: Irish Potato Road Project Type: DEVELOPMENT Project Description: The proposed project is situated on an approximate 124-acre tract located west of Irish Potato Road in Concord, NC that is proposed for residential development. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.45096131797446N80.51615222547169W Counties: Cabarrus, NC 12/16/2020 Event Code: 04EN1000-2021-E-00491 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAM E Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Clams STATUS Threatened NAME STATUS Carolina Heelsplitter Lasmigona decorata There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3534 Flowering Plants Endangered NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 12/16/2020 Event Code: 04EN1000-2021-E-00491 4 Critical habitats HERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 12/16/2020 Event Code: 04EN1000-2021-E-00491 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT AREA. Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. 12/16/2020 Event Code: 04EN1000-2021-E-00491 2 Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects 12/16/2020 Event Code: 04EN1000-2021-E-00491 3 For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 12/16/2020 Event Code: 04EN1000-2021-E-00491 1 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND • PFO1A RIVERINE • R4SBC • 4" Ile*. • f pli•,Wollstli .Y•liti‘j; • • %. I r ?,.-Fe:-•:' r_. 42, .1 ......... . ... LEGEND Site Boundary Study List individual entry Surveyed Only • Surveyed, Gone I 11 MT. 1e=p2 NC HPO Historic Property and Districts Data Layer 1" = 1,200' PILaTAJ- prLoT ENVIRONMENTAL,INC ' • ••14.1, -iN"C • 400'14j-/ q..r. • , • • !•":1 " - • • fl` • ti; A .; • frylk ' :pi 110 • 7 • r.;.6 • 60319 Levi, Bostice .4 L'Iftretifr Feet 't .- ' • 0 600 1,200 : .--.0 2,400 I i i i I i i i I NC HPO GIS Map Irish Potato Road Approximate 124-Acre Tract Concord, Cabarrus County, NC Pilot Project 5988 DWR Pre -Filing Meeting Request Form ID#* Regional Office * Reviewer List* 20201717 Version* 2 Mooresville Regional Office - (704) 663-1699 Alan Johnson Pre -Filing Meeting Request submitted 3/5/2021 Contact Name * David Brame Contact Email Address* hlagamba@pilotenviro.com Project Name * Irish Potato Rd Project Owner* PP & I, LLC Project County* Cabarrus Owner Address: Street Address 77 McCachern Boulevard SE, Suite 2 Address Line 2 City State / Rovince / Region Concord NC Fbstal / Zip Code Country 28025 USA Is this a transportation project?* C Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* r Yes C No Please list all existing project ID's associated with this projects.* 20201717 verl Do you know the name of the staff member you would like to request a meeting with? Sue Homewood Please give a brief project description below and include location information.* The applicant does not request a meeting. The applicant may submit a request for 401 WQC. Please give a couple of dates you are available for a meeting. Please attach the documentation you would like to have the meeting about. 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. • !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 3/5/2021