HomeMy WebLinkAbout20201717 Ver 2_More Info Received_20210406 (2)Strickland, Bev
From: David Brame <dbrame@pilotenviro.com>
Sent: Tuesday, April 6, 2021 9:42 AM
To: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA); Seren Homer; Johnson, Alan
Cc: Perez, Douglas J
Subject: [External] RE: Irish potatoe project 20-1717
Attachments: 5988_Irish Potato Road_Revised PCN Application_4.6.21.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
All,
Please see attached revised PCN application.
The following changes were made per Alan's previous comments:
• Relocated the pipe to fit the stream alignment better
• Shorten the length of pipe
• Called out wing walls with no aprons
• Realigned the road, to fit the revised pipe crossing location
• Included area of stream impact by acre
Thanks for your help. Please call if you have any questions.
Alan,
will also resubmit this through the online DWR system.
Sincerely,
David Brame, PWS
336.708.4617 (c)
336.310.4527 (o)
www. ,ilotenvirc.com
dbrame@oilotenvi� L.com
From: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) [mailto:Krystynka.B.Stygar@usace.army.mil]
Sent: Tuesday, March 23, 2021 4:03 PM
To: David Brame <dbrame@pilotenviro.com>; Seren Homer <SHomer@pilotenviro.com>; Johnson, Alan
<alan.johnson@ncdenr.gov>
Cc: Perez, Douglas J <doug.perez@ncdenr.gov>
Subject: RE: Irish potatoe project 20-1717
David,
1
Can you please update me on when you think that the design changes will be complete?
I will be going out on Maternity leave in approximately 3 weeks and would like to update the next PM,
Or close-out this review.
Regards.
Krysta
From: David Brame <dbrame@pilotenviro.com>
Sent: Tuesday, February 16, 2021 11:59 AM
To: Seren Homer <SHomer@pilotenviro.com>; Johnson, Alan <alan.johnson@ncdenr.gov>
Cc: Perez, Douglas J <doug.perez@ncdenr.gov>; Stygar, KRYSTYNKA B CIV USARMY CESAW (USA)
<Krystynka.B.Stygar@usace.army.mil>
Subject: [Non-DoD Source] RE: Irish potatoe project 20-1717
Hey Alan,
We are currently working through design changes with the engineer based on your previous comments. They have had
to go back out and do some new surveys which has taken longer than expected. We hope to provide you with some
revised drawings in the next two to three weeks.
Sincerely,
David Brame, PWS
336.708.4617 (c)
336.310.4527 (o)
www.pilotenviro.com
dbrame@pilotenviro.com
From: Johnson, Alan <alan.johnson@ncdenr.gov>
Sent: Tuesday, February 16, 2021 11:37 AM
To: Seren Homer <SHomer@pilotenviro.com>
Cc: Perez, Douglas J <doug.perez@ncdenr.gov>
Subject: RE: Irish potatoe project 20-1717
Following up on the previous email below
Thanks
alan
DWR
Division of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: (704) 235-2200 Fax: (704) 663-6040
2
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Johnson, Alan
Sent: Wednesday, December 30, 2020 10:34 AM
To: shomer@pilotenviro.com
Cc: Perez, Douglas J <doug.perez@ncdenr.gov>
Subject: Irish potatoe project 20-1717
There wasn't a total site diagram/plan for the project. Also you apparently submitted only one
drawing for a road crossing, when there are apparently two? Or is it how the table is listed
It also appears there are concrete "splash pads" (these are not conducive to low flow
situations) at the inlet/outlet and are used to "direct" flow. It appears the culvert could be
shifted to the north to avoid the meander and placed in a straighter section of the channel
Is stormwater planned for the site?
Thanks
Alan Johnson
Di%ision of Wctcr Rc•%ources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: (704) 235-2200 Fax: (704) 663-6040
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
3
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW -
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Irish Potato Road
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: ❑Private ❑ Institutional ❑ 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
35.450260°,-80.516884°
8. Project Location— Tax Parcel ID [PCN Form B 1 a] : 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 132a]: Little Cold Water Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
❑ Standard Permit
✓ Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Section 10 and 404 ❑
❑ Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602
„ srAT�
is
NORTH CAROLINA
Environmental Quallry
Water Resources
Office Use Only
Corps Action ID no. [Click to enter.] Date received: [Click to enter.]
DWR project no. [Click enter.] Date received: [Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD): 35.450260
Longitude (DD.DDDDDD): 80.516884
Form Version 1.5, September 2020
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.deg.nc.govlWaterResources/0/edocl6247041PCN%2OHelp%2OFile%202018-1-30.pdf
The help document may be found at this link:
http://www.saw.usace.army.m il/Missions/Regulatory-Permit-Program/Pe rm its/2017-Nationwide-Perm its/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,
❑ Yes 0 No
or airport project)
Is this a NCDOT project? *
❑ Yes 0 No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number: *
Click to enter.
0 Section 404 Permit (wetlands, streams, waters,
1 a. Type(s) of approval sought from the Corps: *
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
0 Nationwide Permit (NWP)
1 b. Permit type(s)? *
❑ 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.
1c. 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.
1d. 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 N No
1f. Is this an after -the -fact permit/certification application? *
❑ Yes N No
1 g. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
❑ Yes N 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 N No
1 i. Is the project located within an NC DCM Area of Environmental
Concern (AEC)? *
❑ Yes N No ❑ Unknown
1j. Is the project located in a designated trout watershed? *
❑ Yes N 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.miI/Missions/Re uc ulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 2 of 21 PCN Form - Version 1.5, September 2020
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- Begin Date (Date Received):
Prepare file folder Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]:
2. Work Type: Private Institutional Government Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
4. Property Owner / Applicant [PCN Form A3 or A4]:
5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]:
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
8. Project Location – Tax Parcel ID [PCN Form B1a]:
9. Project Location – County [PCN Form A2b]:
10. Project Location – Nearest Municipality or Town [PCN Form A2c]:
11. Project Information – Nearest Waterbody [PCN Form B2a]:
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:
Authorization: Section 10 Section 404 Section 10 and 404
Regulatory Action Type:
Standard Permit Pre-Application Request
Nationwide Permit # Unauthorized Activity
Regional General Permit # Compliance
Jurisdictional Determination Request No Permit Required
Revised 20150602
Page 1 of 21 PCN Form -Version 1.5,September 2020
Office Use Only
Corps Action ID no.[Click to enter.]Date received:[Click to enter.]
DWR project no.[Click enter.]Date received:[Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD):35.450260
Longitude (DD.DDDDDD):80.516884
Form Version 1.5,September 2020
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 sha ll
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 ☒No
Is this a NCDOT project?*☐Yes ☒No
If yes, NCDOT TIP or state project number:Click to enter.
If yes, NCDOT WBS number:*Click to enter.
1a.Type(s) of approval sought from the Corps:*
☒Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
☐Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Page 2 of 21 PCN Form -Version 1.5,September 2020
1b.Permit type(s)?*
☒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.
1c.Has the NWP or GP number been verified by the Corps?*☐Yes ☒No
NWP number(s):NWP 29
RGP number(s):Click to enter.
1d.Type(s) of approval sought from the DW R (check all that apply):*
☒401 Water Quality Certification –Regular ☐401 Water Quality Certification–Express
☐Non-404 Jurisdictional General Permit ☐Riparian Buffer Authorization
☐Individual 401 Water Quality Certification
1e.Is this notification solely for the record because written approval is not required?*
For the record only for DW R 401 Certification:*☐Yes ☒No
For the record only for Corps Permit:*☐Yes ☒No
1f.Is this an after-the-fact permit/certification application?*☐Yes ☒No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts?☐Yes ☒No
If yes, attach the acceptance letter from mitigation bank or in-lieu fee program.
1h.Is the project located in any of NC’s twenty coastal counties?*☐Yes ☒No
1i.Is the project located within an NC DCM Area of Environmental
Concern (AEC)?*☐Yes ☒No ☐Unknown
1j.Is the project located in a designated trout watershed?*☐Yes ☒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 3 of 21 PCN Form -Version 1.5,September 2020
B.Applicant Information
1a.Who is the primary contact?*Steve Ross
1b.Primary Contact Email:*Premiersr77@gmail.com
1c.Primary Contact Phone:*(###)###-####704-305-3794
1d.Who is applying for the permit/certification?*(check
all that apply)☒Owner ☐Applicant (other than owner)
1e.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 *
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 4 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 enter.
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 enter.
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/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 5 of 21 PCN Form -Version 1.5,September 2020
C.Project Information and Prior Project History
1.Project Information
1a.Name of project:*Irish Potato Road
1b.Subdivision name (if appropriate):Proposed Subdivision
1c.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 enter.
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
Choose additional (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.arcgis.com/apps/PublicInformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3
Page 6 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?*☐Yes ☐No ☒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 8½ x 11” excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e.Attach an 8½ 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:Click to enter.
5c.If the Corps made a jurisdictional determination,
what type of determination was made?*
☒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 7 of 21 PCN Form -Version 1.5,September 2020
5d1.Attach jurisdictional determinations.
Page 8 of 21 PCN Form -Version 1.5,September 2020
6.Future Project Plans
6a.Is this a phased project?☐Yes ☒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 9 of 21 PCN Form -Version 1.5,September 2020
D.Proposed Impacts Inventory
1.Impacts Summary
1a.Where are the impacts associated with your project
(check all that apply):
☐Wetlands ☒Streams -tributaries
☐Buffers ☐Open Waters
☐Pond Construction
2.Wetland Impacts
If there are wetland impacts proposed on the site, 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 10 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)*
S1 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 11 of 21 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)*
O1 Choose one Temp/
Perm
Click to enter.Choose one Choose one Click to enter.
O2 Choose one Temp/
Perm
Click to enter.Choose one Choose one Click to enter.
O3 Choose one Temp/
Perm
Click to enter.Choose one Choose one Click to enter.
O4 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.
Click 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 ☒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 12 of 21 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:Click to enter.
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 13 of 21 PCN Form -Version 1.5,September 2020
E.Impact Justification and Mitigation
1.Avoidance and Minimization
1a.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.
1b.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 r eturned 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 enter.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 (DW R 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 14 of 21 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 ☒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?☐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 15 of 21 PCN Form -Version 1.5,September 2020
F.Stormwater Management and Diffuse Flow Plan (DWR requirement)
1.Diffuse Flow Plan
1a.Does the project include or is it adjacent to protected riparian buffers
identified within one of the NC Riparian Buffer Protection Rules?☐Yes ☒No
1b.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
☐Vegetated 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 ☒No
2b.Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)?*☒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?☒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 ☒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)*
☒Local Government
☐State
If you have local government approval, please include the SMP on their overall impact map.
Page 16 of 21 PCN Form -Version 1.5,September 2020
Local Government Stormwater Programs *☒Phase II ☐USMP
☐NSW ☐Water Supply
Please identify which local government stormwater program you are using.*
Cabarrus County
State Stormwater Programs *☐Phase II ☐HQW or ORW
☐Coastal Counties ☐Other
Comments:
Click to enter.
Page 17 of 21 PCN Form -Version 1.5,September 2020
G.Supplementary Information
1.Environmental Documentation
1a.Does the project involve an expenditure of public (federal/state/local)
funds or the use of public (federal/state) land?*☐Yes ☒No
1b.If you answered “yes” to the above, does the project require
preparation of an environmental document pursuant to the
requirements of the National or State (North Carolina) Environmental
Policy Act (NEPA/SEPA)?*
☐Yes ☐No
1c.If you answered “yes” to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
NEPA or SEPA final approval letter.)*☐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),
DW R Surface Water or Wetland Standards or Riparian Buffer Rules
(15A NCAC 2B .0200)?*
☐Yes ☒No
2b.If you answered “yes” to the above question, provide an explanation of the violation(s):
Click 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 ☒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 ☒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 18 of 21 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.gov])*☐Yes ☒No
5b.Have you checked with the USFWS concerning Endangered Species
Act impacts?*☐Yes ☒No
5c.If yes, indicate the USFWS Field Office you have contacted.Choose one
5d.Is another federal agency involved?*☐Yes ☒No ☐Unknown
If yes, which federal agency?Click to enter.
5e.Is this a DOT project located within Divisions 1-8?*☐Yes ☒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 ☒No
Link to NLEB SLOPES document:http://saw-reg.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)?*☐Yes ☒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 ☒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 ☒No
Page 19 of 21 PCN Form -Version 1.5,September 2020
Are there submerged aquatic vegetation (SAV) around
the project vicinity?*☐Yes ☒No ☐Unknown
Will this project affect submerged aquatic vegetation?
*
☐Yes ☒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 20 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://gis.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)?*
☐Yes ☒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 si te
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.gov/portal/search
8a.Will this project occur in a FEMA-designated 100-year floodplain?*☐Yes ☒No
8b.If yes, explain how the project meets FEMA requirements.
Click 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 21 of 21 PCN Form -Version 1.5,September 2020
H.Miscellaneous
Comments:
Click to enter.
Attach pertinent documentation or attachments not previously requested
I.Signature *
☒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:*Click to enter.
Date:*4/6/2021
DWR Pre-Fil ing Meeting Req u est Form
Contact Name *
Contact Email Addre ss *
Proje ct Owne r *
Proje ct Name *
Proje ct County *
Owne r Addre ss:*
Is this a transportation proje ct?*
Type (s) of approv al sought from the DWR:
Doe s this proje ct hav e an e xisting proje ct ID#?*
Ple ase list all e xisting proje ct ID's associate d with this proje cts.*
Do you know the name of the staff me mbe r you would like to re que st a me e ting with?
Ple ase giv e a brie f proje ct de scription be low.*
Please give a couple of dates you are available for a meeting.
Ple ase attach the docume ntation you would like to hav e the me e ting about.
David Brame
hlagamba@pilotenviro.com
PP & I, LLC
Irish Potato Rd
Chowan
City
Concord
State / Province / Region
NC
Postal / Zip Code
28025
Country
USA
Street Address
77 McCachern Boulevard SE, Suite 2
Address Line 2
Yes No
401 Water Quality Certification -
Regular
401 Water Quality Certification -
Express
Individual Permit Modification
Shoreline Stabilization
Yes No
20201717 ver1
Sue Homewood
The applicant does not request a meeting. The applicant may submit
a
request for 401 WQC.
pdf only
Signature *
Submittal Date
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
· This form completes the requirement of the Pre-Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
· I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing
meeting request.
· I also understand that DWR is not required to respond or grant the meeting request.
Your project’s thirty-day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty-day clock has expired, and you can submit an
application.
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:
Irish Patio led
Cccor{j NC Zap ac
Pip eit, 4-LC
77 McCQckerA Bccl SE 5-7te 2
70q-��s-3 99
fa:inkr:5r 77e tnei Cam-,
6
Date: 2 (a 3
LEGEND
Site Boundary
Drawing 1
USGS Topographic Map
Concord and Mount Pleasant,
NC Quadrangles
Scale: 1” = 2,000’
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'
LEGEND
Site Boundary
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
Published Soil Map
Irish Potato Road
Approximate 124-Acre Tract
Concord, Cabarrus County, NC
Pilot Project 5988
LEGEND
Site Boundary
Drawing 3
USFWS NWI
Wetlands Mapper
Scale: 1” = 500'
LEGEND
Site Boundary
Freshwater Emergent
Freshwater Forested/Shrub
Estuarine and Marine Deepwater
Estuarine and Marine
Freshwater Pond
Lake
Riverine
Other
NWI Map
Irish Potato Road
Approximate 124-Acre Tract
Concord, Cabarrus County, NC
Pilot Project 5988
LEGEND
Site Boundary
Drawing 4
National Flood Hazard Layer
From FEMA Web Map Service
Scale: 1” = 500'
FEMA FIRM
Irish Potato Road
Approximate 124-Acre Tract
Concord, Cabarrus County, NC
Pilot Project 5988
FLAG NUMBERS/INFORMATION
WETLAND FLAGS =
STREAM FLAGS =
Wetland Flags = 40
Stream Flags = Flagged at origins
and intersections; surveyor locate
Drawing 5
2019 Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1” = 500'
Date: 8.3.20
Revised: 9.23.20
Wetland Map
Irish Potato Road
Approximate 124-Acre Tract
Concord, Cabarrus County, NC
Pilot Project 5988
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.
LEGEND
Site Boundary
Perennial Stream
Intermittent Stream
Wetland
"Culvert
!,Data PointïFeature ID
DP-2
DP-1
IRISH POTATO RD * SR# 2411SITE
Ref: VRS NETWORK &NC GRID NORTHNC C.O.R.SYSTEMN/F
CHARLES TIMOTHY WALKER ET UX
DB 414 PG 213
PIN# 5642 81 1083
ZONED: AO
N/F
DAN E. JOHNSON ET UX
DB 434 PG 152
PIN# 5652 01 1714
ZONED: AO
N/F
MARY WALKER SLOOP
DB 10746 PG 168
PIN# 5642 80 8693
ZONED: AON/FPIEDMONT
HARDWOOD
LUMBER
CO
.DB 828
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1PIN#
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RUTH CRESS OWENS
DB 1116 PG 204
PIN# 5642 83 5586
ZONED: AO
TRACT 2
MB 33 PG 94
N/F
YAILI SANDOVAL
DB 12317 PG 40
PIN# 5652 02 9909
ZONED: AO
P/O TRACT 1
MB 33 PG 94
N/FTIM HORTON ET UXDB 11618 PG 200PIN# 5652 02 7411ZONED: AOMB 69 PG 46N
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DB 7231 PG 223
PIN# 5652 01 4778
ZONED: AO
N/F
RUTH CRESS OWENS
DB 1116 PG 204
PIN# 5642 83 5586
ZONED: AO
TRACT 2
MB 33 PG 94
75' SETBACK FROM R/W
S80°11'10"W
723.78'S32°13'07"W886.72'N29°26
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S53°
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6'N28°14'56
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.
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'S13°40'18"E825.03'NUM DISTANCE BEARING
L1L1 194.70'S0°30'53"W
L2
L2 58.27'N68°18'12"W
L3
L3 76.48'N67°49'31"W
N84°25'06"W
492.88'
1727.84'
L4
L4 32.42'S85°08'08"E
L5L5 123.89'S10°17'53"E
9
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Perk Site
10999 Sq.ft.650700
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7
0
0 7207
1
0 7306806
9
0
660
700
680
710
690
670 680670690
7407
3
0700
7
2
0
710
750750650
660
640
640
708
7
2
2
7
0
6
73
6
7207
4
8
7
5
4
7387
2
4
718
6
6
4
746
756684
688 6706
6
2
690
71810.98Ac.
478090Sf.
10.08Ac.
439234Sf.
11.43Ac.
497870Sf.
10.45Ac.
455253Sf.
11.99Ac.
522467Sf.10.05Ac.
437795Sf.
10.81Ac.
471074Sf.
LOT 2
LOT 3
LOT 4
LOT 5
LOT 6
LOT 7
LOT 8
21.16 Acres.
921637 Sq.ft.
23.79 Acres.
1036251 Sq.ft.
LOT 1
LOT 9
WETLAND
0.060 AC
WETLAND
0.005 AC
PERENNIAL
STREAM
470 LF
WETLAND
0.011 AC
WETLAND
0.129 AC
PERENNIAL
STREAM
80 LF
PERENNIAL
STREAM
1360 LF
WETLAND
0.025 AC
INTERMITTENT
STREAM
110 LF
INTERMITTENT
STREAM
140 LF
25' RIPARIAN BUFFFER
PER CABARRUS COUNTY
UDO SECTION 4.1025' RIPARIAN BUFFFER
PER CABARRUS COUNTY
UDO SECTION 4.10
25' RIPARIAN BUFFFER
PER CABARRUS COUNTY
UDO SECTION 4.10
INTERMITTENT
STREAM
120 LF
INTERMITTENT
STREAM
70 LF
PERENNIAL
STREAM
440 LF
PERENNIAL
STREAM
2260 LF
25' RIPARIAN BUFFFER
PER CABARRUS COUNTY
UDO SECTION 4.10
SEE STREAM
IMPACTS EXHIBIT
PL
SCALE: 1" = 200'# DATE REVISION BYC - 1.0
JOB # 20547
Prepared for:
DATE: 08-14-20
Carmen & King, Inc. It is not to be reproduced,
copied, or used on any other project without
This drawing is the property of Alley, Williams,
written permission.
a l l e y , w i l l a m s ,
c a r m e n & k i n g , i n c .
C O N S U L T I N G E N G I N E E R S ,
S U R V E Y I N G & I N S P E C T I O N
Firm License No. F-0203
120 S. MAIN STREET
PO BOX 1248
KANNAPOLIS, NC 28081
704.938.1515
www.awck.com
SITE PLAN
Scale: 1"=200'
1 EXISTING CONDITIONS PLANPLAN NOTES
Premier Real Estate, Inc.
77 McCachern Blvd SE, STE 2
Concord, NC 28025
704-792-1900
2403 Irish Potato Road, Concord, NCPROPOSED SUBDIVISION10/15/20
1 12/07/20 DEQ REVIEW RDF1 3/26/21 DEQ REVIEW RDF
STREAM IMPACT S2
CLASS 2 RIPRAP OUTLET PROTECTION
PERMANENT IMPACT LENGTH: 44 LF
AVG. WIDTH: 8.0'
STREAM IMPACT S4
CONSTRUCTION ACTIVITIES
TEMPORARY IMPACT LENGTH: 19 LF
AVG. WIDTH: 8.0'
IMPERVIOUS DIKE
STREAM BASE FLOW TO BE
PUMPED AROUND WORK AREA
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 12" SLOPE DRAIN TO
BE INSTALLED BELOW THE SILT BAG
TO PROTECT THE STREAM BANK.
TOP OF STREAM BANK
(FIELD LOCATED)
PRIVA
T
E
R
O
A
D
PL
STREAM BED INV-647.0
72"CMP INV-646.0
STREAM BED INV - 648.3
72"CMP INV - 647.3'
PRECAST CONCRETE WINGWALLS
W/FOOTINGS AND NO CONCRETE
APRON
55LF-72"CMP@2.36%
STREAM IMPACTS S3
72"CMP AND WINGWALLS
PERMANENT IMPACT LENGTH: 75LF
AVE WIDTH 8'.
IMPERVIOUS DIKE
STREAM IMPACT S1
CONSTRUCTION ACTIVITIES
TEMPORARY IMPACT LENGTH:14LF
AVE. WIDTH: 8.0'6736726716706696686676
6
6
6666
6
5
665664663662661660
659
658
658657
657656
656
656
655
655
655
655
654
654
653
652
FLOW1'
PIPE INVERT
BURIED 1'
STRUCTUAL FILL
TOP OF HEADWALL
RIP RAP SHALL BE KEYED
INTO THE EXISTING STREAM
BED AND BANKS
CLASS 2 RIP RAP
OUTLET PROTECTION
24" THICKNESS
EXISTING STREAM BED
GENERAL CONSTRUCTION NOTES:
1.INSTALL DIVERSION DIKES AND A SILT BAG SPECIAL STILLING BASIN TO TREAT PUMPED SEDIMENT
LADEN WATER FROM THE EXCAVATION WORK AREA. AFTER A DRY WORK AREA HAS BEEN ACHIEVED,
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
SILT BAG SPECIAL STILLING BASIN. AFTER THE ENTIRE CULVERT AND HEADWALLS HAVE BEEN
ASSEMBLED, BEGIN PLACING FILL OVER THE CULVERT. AFTER FILL HAS REACHED AN ELEVATION
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
DISTURBANCE. TEMPORARY SEEDING SHALL BE REQUIRED ON ALL OTHER AREAS TO BE DISTURBED
FOR A 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
DISPOSED OF IN AN ACCEPTABLE MANNER. EACH SECTION SHALL BE SEEDED AT EARLIEST
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
EVENT. REMOVE ACCUMULATED SEDIMENT PER THE DETAILS AND REPAIR ANY DAMAGE TO THE
EROSION CONTROL DEVICES.
1 PLAN VIEW
Scale: 1"=40'
2 OUTLET DETAIL
NTS
GWW
RCC
10-14-20
AS SHOWN
4/5/2021
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@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 Stygar at 252-545-0507 or
krystynka.b.stygar@usace.army.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 furnished:
Agent: Pilot Environmental
Seren Homer
Address: 743 Park Lawn Court
Kernersville, NC 27284
Telephone Number: (336) 310-4527
E-mail: shomer@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 E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
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 the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (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.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
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 INFORMATI ON
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 IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs.
non-wetland
waters)
Geographic authority to
which the aquatic
resource “may be”
subject (i.e., Section 404
or Section 10/404)
SA 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):
☒FEMA/FIRM maps: National Flood Hazard Layer 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
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
FLAG NUMBERS/INFORMATION
WETLAND FLAGS =
STREAM FLAGS =
Wetland Flags = 40
Stream Flags = Flagged at origins
and intersections; surveyor locate
Drawing 5
2019 Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1” = 500'
Date:8.3.20
Revised: 9.23.20
Wetland Map
Irish Potato Road
Approximate 124-Acre Tract
Concord, Cabarrus County, NC
Pilot Project 5988
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.
LEGEND
Site Boundary
Perennial Stream
Intermittent Stream
Wetland
"Culvert
!,Data PointïFeature ID
DP-2
DP-1
December 16, 2020
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.gov/nc-es/es/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2021-SLI-0219
Event Code: 04EN1000-2021-E-00491
Project Name: Irish Potato Road
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/htmls/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
https://www.fws.gov/asheville/htmls/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/htmls/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
https://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/CurrentBirdIssues/Hazards/towers/towers.htm;
12/16/2020 Event Code: 04EN1000-2021-E-00491 3
▪
▪
▪
http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/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
1.
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
Fisheries , 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.
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
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
Clams
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
Endangered
Flowering Plants
NAME STATUS
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
Endangered
1
12/16/2020 Event Code: 04EN1000-2021-E-00491 4
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
12/16/2020 Event Code: 04EN1000-2021-E-00491 1
1.
2.
3.
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
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.
The Migratory Birds Treaty Act of 1918.
The Bald and Golden Eagle Protection Act of 1940.
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.
1
2
12/16/2020 Event Code: 04EN1000-2021-E-00491 2
1.
2.
3.
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:
"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);
"BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
"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
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▪
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
CA053 9 Ge or ge E.Ritch ie Ho use
CA029 7 B ell'sChapel AM EZion Chur ch
CA029 8 B ell'sMission Sch ool
CA054 3 J ack sonSafrit Hou se
CA053 2 W illiamPropst Ho use
CA031 9 L eviBost Hous e
CA036 8 J ohnWiley Cr essHouse (G on e?)
NC Ce nter for Geo gr aphic I nf orm a tion & An alysis
LEGEND
Site Bo undary
""Stud y Li st individual entry
$$Sur veye d Only
$$$Sur veye d, Gone
³
NC HPO GIS MapIrish Po tat o Ro adApproximate 124-Acre TractConcord, C abarrus Cou nty, N CPilot Pro ject 5988
NC HPO Historic Property and D istricts Data Layer1” = 1,200’
0 1,2 00 2,4 00600Feet