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Home My WebLink About20211763 Ver 1_2100 Simplicity Road_Cover Letter and Attachments_20211206CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) To: Krystynka Stygar USACE - Charlotte Regulatory Field Office Alan Johnson NCDEQ - 401 & Buffer Permitting Branch Date: December 1, 2021 Subject: After -the Fact Pre -Construction Notification Pursuant to Nationwide Permit No. 39 2100 Simplicity Road Concord, North Carolina CWS Project No. 2021-0133 Dear Ms. Stygar and Mr. Johnson, The 2100 Simplicity Road site is approximately 43 acres in extent and is located east/southeast of the Simplicity Road and Cedar Ridge Lane intersection in Cabarrus County, North Carolina (Figure 1, Attachment A). Sealand Contractors Corp. has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment B). CWS was contracted by Sealand Contractors Corp. to identify potentially jurisdictional waters within the review area. During the site visit, CWS observed a recently constructed stream crossing. Based on the conversation with the property owner, no Section 404/401 permits had been obtained as the owner was not aware the feature would be regulated by USACE or DEQ. Sealand Contractors intend to use the property to place the excess soil/dirt, while the property owner intends to convert this area for a pasture. The soil/dirt placed on the property would help to bring the grade more even. Therefore, CWS is submitting an After -the -Fact Pre -Construction Notification pursuant to Nationwide Permit No. 39 to the U.S. Army Corps of Engineers and North Carolina Department of Environmental Quality for the impacts to the jurisdictional waters of the U.S. The impacts include approximately 115 If permanent impacts due to culvert, and 200 If temporary impacts due to construction disturbance and stabilization. ATTACHMENTS INCLUDED: DESCRIPTION Attachment A - Figures 1-8 Attachment B - Agent Authorization Form Attachment C - Preliminary Jurisdictional Determination SAW-2021-02476 Attachment D - Impacts and Corrective Action Plan Attachment E - Sediment and Erosion Control Plan Attachment F - Photographs Attachment G - Protected Species Assessment Attachment H - SHPO Map Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Megan Bollero, WPIT Project Scientist Aliisa Harjuniemi, PWS Senior Project Manager 2100 Simplicity Road Attachments December 1, 2021 CWS Project No. 2021-0133 ATTACHMENT A: Figures 1-8 x nenTUCKy w Virginia tiJ Tennessee North Carolina South Carolina Georgia a w H,p@ Groy� Cy4rCh Rry Cedar Ridge Ln 4 Simplicity Road w 4� • �9 m e REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2021. SCALE: DATE: 1 inch = 5,000 feet 10/28/2021 CWS PROJECT NO: DRAWN BY: 2021-0133 AVH COORDINATES: CHECKED BY: 35.335875,-80.540415 GCA Is CAROLINA WETLAND SERVICES 40 K Legend Project Limits (43 ac.) 5,000 2,500 0 5,000 Feet Vicinity Map 2100 Simplicity Road Cabarrus County Concord, North Carolina FIGURE NO. G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure1_Vicinity.mxd a- -� �kftt[o Croek ." ff 0' F 0 00 0 oo �f cc C, 00 � F 'vim• 5N Pr - Legend V _ r Project Limits (43 ac.) 2,000 1,000 0 2,000 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): CONCORD SE, NC (2018). 5 SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 10/28/2021 USGS Topographic Map CWS PROJECT NO: DRAWN BY: 2021-0133 AVH 2100 Simplicity Road COORDINATES: CHECKED BY: GAR ❑ L I N A Cabarrus County 2 35.335875,-80.540415 GCA WETL•AN❑ sERV10Es Concord, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure2_USGS.mxd • wy .� r : l h J REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021. BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS COUNTY GIS DEPARTMENT, DATED 2021. SCALE: DATE: 1 inch = 500 feet 10/28/2021 CWS PROJECT NO: DRAWN BY: 2021-0133 MLB Is COORDINATES: CHECKED BY: GAR ❑ L I N A 35.335875,-80.540415 AVH WETLAND SFRV10ES r 11 A, Legend Project Limits (43 ac.) Roads Tax Parcels 500 250 0 500 Feet . Aerial Map FIGURE NO. 3 2100 Simplicity Road Cabarrus County Concord, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure3_Aerial.mxd AaB ChA CUM 5�O AaB I PoF uB2 PoD CUD AaB MGANGCTy DR EnB EnD EnB \n m w o PoD PoF p Q Y/ A CuD2"Q A PoF PoD AaB PoF PoDD AaB ChA AaB B PoF� En CuD2 PoF � o 00 tY W LL PoD �Np, R �J ( PaFChA MeB I AaB \ MeB I PoF EnB \i W PoF EnB03 1 \ I I 1� CUM EnD En m eD O �h EnD EnD g1GGERs RD (n mG N PoD I A Z PoF ChA PoF D E Z eB W Po EnB ) EnD AaB n ChA Ur ChA En MeB AaB F ChA Legend R Soil Unit Name and Description I Hydric Coverage (% ) ChA Chewacla sand loam, 0 to 2 percent slopes, frequently flooded Yes 6.6 EnB Enon sa ndy loam 2to8 percent slo pes No 22.8 PoF Poindexter loam, 15 to 45 erce nt slo es No 70.6 Total Coverage: 100 Project Limits (43 ac.) Roads 1,000 500 0 1,000 Feet REFERENCE: USDA-NRCS WEB SOIL SURVEY OF CABARRUS COUNTY, NC, DATED 2020. A h ChA PaF SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO. 1 inch = 1,000 feet 10/28/2021 y CWS PROJECT NO: DRAWN BY: of Cabarrus County -5 2021-0133 MLB 2100 Simplicity Road COORDINATES: CHECKED BY: C A R O L I N A Cabarrus County 35.335875,-80.540415 AVH WETLAND 5ERV10ES Concord, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure4_CurrentSoils.mxd G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure5_HistoricSoils.mxd xA� Z J W CD _Q of !Y Q Q W U SIMPLICITY RD Legend Project Limits (43 ac.) Roads National Wetland Inventory Freshwater Emergent Wetland aw Freshwater Pond 2 - Riverine REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND rj00 250 0 500 Feet WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2021. BACKGROUND LAYER(S) PROVIDED BY CABARRUS COUNTY GIS DEPARTMENT, DATED 2021. NI-1 x SCALE: DATE: FIGURE NO. 1 inch = 500 feet 10/28/2021 National Wetland Inventory CWS PROJECT NO: DRAWN BY:Is 2021-0133 MLB 2100 Simplicity Road COORDINATES: CHECKED BY: GAR ❑ L I N A Cabarrus County 6 35.335875,-80.540415 AVH WETLAND SERVICES Concord, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure6_NWl.mxd G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure7_FEMA.mxd N 590 REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS COUNTY GIS DEPARTMENT, DATED 2021. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS UNIT BY CWS, INC., ON OCTOBER 18, 2021. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE: DATE: 1 inch = 300 feet 10/28/2021 CWS PROJECT NO: DRAWN BY: 2021-0133 MLB COORDINATES: CHECKED BY: 35.335875,-80.540415 AVH A • DP1 F 590 O el Perennial Stream A 214 If 300 150 Legend Project Limits (43 ac.) Perennial Stream Culvert Roads Tax Parcels ODP Data Point A SCP Stream Classification Point Indicates Flow Photo Location and Direction 0 300 Feet FIGURE NO. Jurisdictional Boundaries Is 2100 Simplicity Road CAR ❑ L I N A Cabarrus County WETLAND SERVICES Concord, North Carolina 8--1 G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure8_JD.mxd 2100 Simplicity Road Attachments December 1, 2021 CWS Project No. 2021-0133 ATTACHMENT B: Agent Authorization Form U S. Army Carps of Engineers — Wilmington District - Regulatory ❑ivision AGENT AUTHORIZAVON 1. PROJECTIS11T1E INFORMATION Site Name: 2100 Simolicity Road Property Identification Number(s): 11-060-0001.00 I, the undersigned, Daniel Bree hereby authorize Aliisa Ilariuniemi , to aci on my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and properties listed above, including taking all necessary actions for the application, processing, issuance, and/or acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations. determinations, and/or permits Any and all acts carried out by Aliisa Hariuniemi on my behalf as it relates to this project and properties shall have VW same ct as acts of my own, �i Signal Date PrimWal Puruose: The irrformr+lion That you prnyide wd bo used in ova=ua.ing you request lodelerrtiine who thar mere are anyaqualic resources within Iria project area subject to federal jurisdiction under tha regulatory authorities rolorerrcod above. Raulino Uses: This information may be shared with the de parlmant of JusIice and ulhar fedotal. state, and local govornmonI agarlcles, and the public, rmd may be made available as port of a public notice as required by lederal law Your name a•id propody ocotian whore lederal yur sdiction is to be determined will be Included in Iha aprxoved Jurlsdirxional determination (AJn), whlcti wilt be made avallebla to lho public on the ❑i6trict's webstte and on Ita Headquarters USACE website. DisgippoMi Submixsion of roquastod nformation is.cluntary: hownvor, if information is not provided, the rocluost for a jurMictlonal dotorminalloncannot boovalualed rtor can a Ju risdiclion of dalorrninalion he issued January 2020 2100 Simplicity Road Attachments December 1, 2021 CWS Project No. 2021-0133 ATTACHMENT C: Preliminary Jurisdictional Determination (SAW-2021-02476) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02476County: Cabarrus U.S.G.S. Quad: NC -Concord SE NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: SeaLand Contractors Corn Daniel Bree Address: 1708 N. Caldwell Street Charlotte, NC 28206 Telephone Number: 7004-552-1102 E-mail: vidksealandcontractors com Size (acres) 43 Nearest Waterway Rocky River USGS HUC 03040105 Nearest Town Concord River Basin UnnerPeeDee Coordinates Latitude:35.335875 Longitude:-80.540415 Location description: Project is located at2100 SimplicitvRo ad, Concord, Cabarrus County. North Carolina. PIN:11-060- 0001.000 Indicate Which of the Following Apply: A. Preliminary Determination ® There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/28/2021. Therefore this preliminary jurisdiction determination maybe 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 anyway 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 3 3 CFR Part 3 31). However, you may request an approved JD, which is an appealable action, by contactingthe Corps districtfor further instruction. ❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe 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 pre sumption of C WA/RHA jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable 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 consultantto conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct (CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe 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 subjectto the permit requirements of Section 404 ofthe Clean WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon fora period notto exceed five years from the date ofthis notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by the Corps. ❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2021-02476 will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a periodnotto 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 determinationmay 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, pre sent on the above described project area/property which are subj ectto the permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification. ❑ The property is located in one ofthe 2 0 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of CoastalMa nagement in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fillm a terial within waters of the US, including wetlands, without a Department ofthe Army permit may constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters ofthe 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 regardingthis determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or krystynka.b.stygar&msace.army.mil. C. 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 waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance Letter 05-05, 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 form dated 11/19/2021. D. Remarks: See approximate Jurisdictional Features on map, "2100 Simplicity Road-] 012812021 " E. Attention USDA Program Participants This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may notbe 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 ('Phis information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrativeappeal under Corps regulations at33CFRPart 331. Enclosed you will find a Notification ofAppealProcess (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis determ ination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth StreetSW,FloorM9 Atlanta, Georgia 30303-8803 AND PH I L I P.A. SHANNIN&USACE.ARMY.MIL In order for an RFAto be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days of the date ofthe NAP. Should y ou decide to submit an RFA form, it must be received at the above address by Not applicable. * * It is not necessary to submit anRFAform tq the Division Office if you do notobject to the determination in this correspondence.** Corps Regulatory Official: 'r(41 !J //lyff4yL Date of JD:11/19/2021 Expiration Date of JD-. Not applicable SAW-2021-02476 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: Carolina Wetland Services Aliisa Harjuniemi Address: 550 East Westinghouse Blvd Charlotte, NC 28273 Telephone Number: 980-259-1222 E-mail: aliisakcws-inc net Property Owner: COMPANY NAME William and Suzanne Craig Address: 2100 Simplici , Road Concord. NC 28025 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL JL Applicant: SeaLandContractors Cora,DanielBree File Number:SAW-2021-02476 I Date:11/19/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMITDENIAL C APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision. Additional information may be found at orhttp://www.usace.army.miUMissions/CivilWorks/Regulatory Pro aamandPermits.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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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 appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)modify the permit to address allof 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 evaluatingyour 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 appealthe 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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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 appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of this form and sendingthe 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 appealthe denialof a permit underthe Corps of Engineers Administrative AppealProcess 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 orappealthe 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 appealthe approved JD. • APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers Administrative AppealProcess 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 maybe appealed), by contacting the Corps district for further instruction. Also you may provide new inform ation 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 yourreasonsforappealingthe decision or your objections to an initial proffered permit in clear concise statements. You may attach additionalinformation to this form to clarify where yourreasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record, the Corps memorandum forthe record of the a ppea I conference ormeeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant northe Corpsmay add new information oranalysesto 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 regardingthis decision and/orthe If you only have questions regarding the appealprocess you may appealprocess you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Krystynka B Stygar ADMINISTRATIVE APPEAL REVIEW OFFICER Charlotte Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 8430 University Executive Park Drive, Suite 615 ATLANTA, GEORGIA 30303-8803 Cha rlottc, No rth Carolina 28262 PHONE: (404) 562-5136; FAX(404) 562-5138 EMAIL: PHILIP.A.SHANNINna,USACE.ARMY.MIL 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 appealprocess. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate m all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430University Executive park Drive, Suite 615, Charlotte, North Carolina, 28262 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. Philip Shannin, Administrative Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 11/19/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: SeaLand Contractors Corp, Daniel Bree, 1708 N. Caldwell Street, Charlotte, NC 28206 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 2100 Simplicity Road, SAW- 2021-02476 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 2100 Simplicity Road, Concord, Cabarrus County, North Carolina. PIN. 11-060-0001.000 (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 decimalformat): Latitude:35.335875 Longitude:-80.540415 Universal Transverse Mercator: Name of nearestwaterbody: Rocky River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: November 19, 2021 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic (decimal (decimal amountof resources (i.e., wetland authority to degrees) degrees) aquatic vs. non -wetland which the aquatic resources in waters) resource"may review area be" subject (i.e., (acreage and Section 404or linear feet, if Section 10/404) applicable StreamA 35.333626 -80.541155 214LF Non -wetland waters Section404 1. The Corps of Engineers believes that there may bejurisdictional 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 othergeneral permitverification 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 rightto 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 subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an 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 AID 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 "maybe" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affectedby the proposed activity, based on the following information: 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: Carolina Wetland Services for Sealand Contractors ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑ Office concurs with data sheets/delineation report. ❑ Office does not concurwith data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ®U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, USGS Topo Dated 2018 ® Natural Resources Conservation Service Soil Survey. Citation: NRCS Figures 4 & 5, dated 2020 and 1968 ®Nationalwetlands inventory map(s). Cite name: Figure 6, NWI dated 2020 ❑ State/local wetland inventory map(s): ®FEMA/FIRM maps: Figure 7: dated 2018 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ® Aerial (Name & Date): Figure3,Dated2021 or ® Other (Name & Date): Photolog 1-7 dated 10/18/2021 ❑ Previous determination(s). File no. and date of response letter: ®Other information (please specify): NCDEO Stream Classification Forms ( SCP1) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns and should not be relied upon for later jurisdictional determinations. 4P )9K Signature and date of Regulatory staff member completing PJD 11 / 19/2021 Signature and date of person requesting PJD (REQUIRED, unless obtainingthe signature is impracticable)' '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. N 590 REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS COUNTY GIS DEPARTMENT, DATED 2021. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS UNIT BY CWS, INC., ON OCTOBER 18, 2021. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE: DATE: 1 inch = 300 feet 10/28/2021 CWS PROJECT NO: DRAWN BY: 2021-0133 MLB COORDINATES: CHECKED BY: 35.335875,-80.540415 AVH A • DP1 F 590 O el Perennial Stream A 214 If 300 150 Legend Project Limits (43 ac.) Perennial Stream Culvert Roads Tax Parcels ODP Data Point A SCP Stream Classification Point Indicates Flow Photo Location and Direction 0 300 Feet FIGURE NO. Jurisdictional Boundaries 2100 Simplicity Road CAR ❑ L I N A Cabarrus County WETLAND SERVICES Concord, North Carolina 8--1 G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure8_JD.mxd 2100 Simplicity Road Attachments December 1, 2021 CWS Project No. 2021-0133 ATTACHMENT D: Impacts and Corrective Action Plan o A • DP1 N / 590 �O h cn 0 S2 - 200 if Temporary impact (Stabilization; see the corrective action plan) Legend r� Project Limits (43 ac.) Perennial Stream A Perennial Stream S1 - 115 1f 214 If culvert _ Permanent impact Roads (culvert) Tax Parcels ODP Data Point A SCP Stream Classification Point Indicates Flow REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS COUNTY GIS DEPARTMENT, DATED 2021. Photo Location and Direction NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS 3OO 150 0 300 Feet UNIT BY CWS, INC., ON OCTOBER 18, 2021. JURISDICTIONAL FEATURES HAVE BEEN VERIFIED BY USACE (SAW-2021-02476). 570 SCALE: DATE: FIGURE NO. 1 inch = 300 feet 12.1.2021 Stream Impacts CWS PROJECT NO: DRAWN BY:Is 2021-0133 MLB 2100 Simplicity Road COORDINATES: CHECKED BY: GAR ❑ L I N A Cabarrus County 35.335875,-80.540415 AVH WETLAND SERVICES Concord, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure8_JD.mxd 2100 Simplicity Road Corrective Action Plan December 1, 2021 CWS Project No. 2021-0133 Corrective Action Plan The occurred impacts include approximately 115 If permanent impacts due to culvert (S1), and 200 If temporary impacts due to construction disturbance (S2). The disturbed stream reach will be restored through sloping, matting, seeding, and live staking. - Sediment and Erosion Control Plan (Attachment E) will be implemented to prevent further sedimentation and additional disturbances to the stream. - The stream banks will be stabilized with a native riparian seed mix and biodegradable coconut matting, and the buffers will be planted with native riparian shrubs and trees. Restored stream reach will be constructed to maintain low flows and is designed to have a stable profile and dimension. The undisturbed reaches downstream and upstream from the restoration reach have a 4 feet wide stream bed, depth is approximately 1-3 feet, and the bankfull width is approximately 6-12 feet. The proposed stream reach will be constructed according to these dimensions. The banks will be graded to approximately 2:1 slope for improved stability (see cross -sectional views on page 2). A pump around will be utilized in order to work in the dry and other erosion and sediment control techniques will be utilized to minimize sediment escape from the site during construction. Page 1 of 6 2100 Simplicity Road Corrective Action Plan December 1, 2021 CWS Project No. 2021-0133 Riffle 10, 2-1 1 4 0.5' Riffle Cross -Section Pool 11' 2+ 4 1 r Nrs S. Pool Cross -Section Riparian Buffer Enhancement After the stream has been constructed and stabilized, new vegetation will be installed along with native plant seed application to enhance the buffer areas to the natural vegetation community type. The community type proposed for restoration is a combination of Piedmont Headwater and Alluvial Forests, described in Guide to the Natural Communities of North Carolina (Schafale, 2012). Page 2 of 6 2100 Simplicity Road Corrective Action Plan December 1, 2021 CWS Project No. 2021-0133 Buffer vegetation planting plan A planting plan will be utilized to enhance vegetation within a 20-foot buffer along the restored stream. Live stakes will be installed on the stream banks for bank stabilization and erosion control. Container plants may be substituted if planting is completed outside of the dormant season (November 15 - March 15). The area to be planted consists of three zones: 1) stream banks, 2) floodplain bench, and 3) riparian buffer. Native riparian plant species such as silky dogwood (Corpus amomum), black willow (Salix nigra), elderberry (Sambucus canadensis), and soft rush (Juncus effusus) will be planted on the lower stream banks (Zone 1). The riparian buffers will be planted with species such as red maple (Acerrubrum), mockernut hickory (Carya tomentosa), slippery elm (Ulmus rubra), and spicebush (Lindera benzoin) (Zones 2 and 3). Trees and shrubs will therefore be planted in naturalistic drifts at an average spacing of 10-foot centers. See pages 5-6 for the planting and stabilization details . Within the buffer areas where existing vegetation has already been established, no planting is proposed. The following plugs and livestakes will be planted on the stream banks: Zone 1: Stream banks: 1. Soft rush (Juncus effusus) - Plug 17oe 2. Silky dogwood (Corpus amomum) -Live stake 4' O.C. 3. Black willow (Salix nigra) -Live stake 4' O.C. 4. Elderberry (Sambucus canadensis) -Live stake 4' O.C. The following woody species (one gallon containerized) are recommended to be planted within the riparian buffer): Zone 2: Floodplain Bench: Trees: 1. Cherry bark oak (Quercus pagoda) 2. Swamp chestnut oak (Quercus michauxii) 3. River birch (Betula nigra) 4. American sycamore (Platanus occidentalis) 5. Sugarberry (Celtis laevigata) Shrubs: 1. Silky dogwood (Corpus amomum ) 2. Arrowwood (Viburnum dentatum) 3. Elderberry (Sambucus canadensis) 4. Spicebush (Lindera benzoin) Zone 3: Riparian Buffer: Trees: 6. Red maple (Acer rubrum) 7. Ironwood (Carpinus caroliniana) 8. Box elder (Acer negundo) 9. Persimmon (Diospyros virginiana) 10. Willow oak (Quercus phellos) 11. Slippery elm (Ulmus rubra) 12. Hackberry (Celtis occidentalis) 13. Mockernut hickory (Carya tomentosa) Page 3 of 6 2100 Simplicity Road Corrective Action Plan December 1, 2021 CWS Project No. 2021-0133 Shrubs: 5. Buckeye (Aesculus sylvatica) 6. Flowering dogwood (Corpus florida) 7. Beauty berry (Callicarpa americana) A minimum of six tree species and four shrub species should be selected to revegetate the buffer area. Native plants with the same NWI classification rating may be substituted due to availability. Native wetland/riparian seed mix will be broadcast over the restored buffer areas using designer approved techniques. Seeding details, including representative species that may be used, are summarized in Table 1. Table 1. Proposed Seeding Plan* All Zones: Permanent Riparian Seed Mix Common name Botanical name % Mix Red -top panicgrass Panicum rigidulum 20 Little blue stem Schizachyrium scopanum 15 Lanceleaf tickseed Coreopsis lanceolata 10 Partridge pea Chamaecrista fasciculata 10 Black-eyed susan Rudbeckia hirta 10 Beaked panicgrass Panicum anceps 10 River oats Chasmanthium latifolium 5 Deer tongue Dichanthelium clandestinum 5 Virginia wild rye Elymus virginicus 5 Purple top Tridens flavus 5 Tickseed sunflower Bidens aristosa 5 apply at 25 Ibs/acre All Zones: Temporary Seed Mix Early Summer Season Winter Season Seeding Mixture 40 Ibs/acre of German Millet or Brown Top Millet 120 Ibs/acre Rye Seeding Dates May 1 st - September 15th September 15th - May 1 st Seeding Amendments pply limestone and fertilizer per soil tests, or 2000 Ibs/acre limestone and 750 Ibs/acre 10-10-10 fertilizer. * Plants may be substituted with similar native species due to availability and season. Matting must be coir 200 gram at toe of stream bank secured with cinch stakesTM. The second row of matting must be c125bn coconut matting to be secured with cinch stakes TM on three inch on center spacing. All native seed with appropriate temporary seed should be broadcast only using designer approved techniques. All work must be directed and supervised by a professional wetland scientist. Page 4 of 6 2100 Simplicity Road Corrective Action Plan December 1, 2021 CWS Project No. 2021-0133 SQUARE CUT BUDS (FACING UPWARD) 2-3 FEET IN LENGTH LIVE CLFFING 0i %' DIAMETER) ANGLE CUT3Dd5 DEGREES NOTE' STAKING MAY BE REQUIRED THROUGH MATTING, ROCK, OR COMPACTED SOILS_ REQUIRE STARTER HOLE IF THE CASE_ LIVE STAKES L I NORMAL DEPTH NOTES' 1 _ LIVE STAKES SHALL BE EVENLY SPACED 4 FEET APART. 2_ LIVE STAKES SHALL BE DRfVEN UNTIL APPROXIMATELY 31, OF LIVE STAKE IS WITHIN GROUND_ 3_ IF STARTER HOLE IS NEEDED, MINIMIZE AIR POCKET AS MUCH AS POSSIBLE_ 4. UTILIZE ON SITE TRANSPLANT MATERIALS MADE AVAILABLE BY THE OWNER ONCE SOURCE OF TRANSPLANT MATERIAL HAS BEEN HARVESTED, UTILIZE UVE STAKING_ 2 Ki OPEN PLANTING PLACE BARE —ROOT CLOSE HOLE WITH HOLE WITH SEEDLING IN HOLE — SHOVEL OR AUGER - SHOVEL OR AUGER ROOT COLLAR AT NO AIR SPACE SURFACE AROUND ROOTS NOTES: 1 BARE ROOT PLANTS SHALL BE EVENLY SPACED 10 FEET APART. 2. SOAK THE ROOTS IN WATER 30-50 MIN.S PRIOR TO PLANTING. ALWAYS BE SURE TO KEEP ROOTS MOIST, 3_ DIG A HOLE TWICE THE DIAMETER OF THE ROOT SPREAD_ 4. BACKFILL HOLE WITHOUT SOIL AMENDMENTS. THE PLANT SHOULD BE HELD UPRIGHT DURING BACKFILUNG PRESSING THE SOIL BETWEEN THE ROOTS TO ELIMINATE AIR POCKETS. Page 5 of 6 2100 Simplicity Road Corrective Action Plan December 1, 2021 CWS Project No. 2021-0133 ANCHOR FABRIC INTO EARTH FILL Biodegradable coir matting 12" NA GREEN RESLOPE EXISTING STREAM BANK TO ORIGINAL CONTOURS AND STABILIZE WITH NATIVE PLANT SEED MIX PER EROSION CONTROL NOTES. INSTALL NORTH AMERICAN GREEN S-75BN MATTING OR EQUAL ON STREAMBANK WHEN SEEDING IS COMPLETED. BANkFULL ELEVATION r-NORMAL STREAM LEVEL VARIES C-12" T"1T 11 STREAM BED ELEVATION TYPICAL STREAM BANK STABILIZATION (NO FERTILIZER TO BE USED WITHIN 10' OF BANK) Documentation After Construction Following the stabilization of the stream channel and buffer planting, CWS will provide photographs of the restored stream reach and a brief "as -built" summary to document the relocated stream conditions. This report will be submitted to the USACE and NCDEQ for their review and comments. The as -built report will be submitted to the NCDEQ and USACE for review within a month from the completion of the work. Page 6 of 6 2100 Simplicity Road Attachments December 1, 2021 CWS Project No. 2021-0133 ATTACHMENT E: Sediment and Erosion Control Plan ru!jaau 90d ......... 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View of Stream A, facing upstream. ►-7: : E + - ti �:��.�66 Photograph 4. View of Stream A, facing downstream. Photopage 2 of 4 2100 Simplicity Road Photopage December 1, 2021 CWS Project No. 2021-0133 Photograph 5. View of current site conditions, facing southwest. r +tea ' � �++•T� ..' �'.x�e�., _ �� , -;�' 3 �". ��.t. � :�l� �; .-�. �-t ".•.r s. .. ��,..a '`x'. Iry dl 121 Photograph 6. View of current site conditions, facing west. Photopage 3 of 4 2100 Simplicity Road Photopage December 1, 2021 CWS Project No. 2021-0133 Photograph 7. View of non jurisdictional upland area, facing southwest (DP1). Photopage 4 of 4 2100 Simplicity Road Attachments December 1, 2021 CWS Project No. 2021-0133 ATTACHMENT G: Protected Species Assessment CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) October 29, 2021 Vincent DiProspero Jr. Sealand Contractors Corp. 1708 N Caldwell St. Charlotte, NC 28206 Subject: Protected Species Habitat Assessment Report 2100 Simplicity Road Concord, North Carolina CWS Project No. 2021-0133 Dear Mr. DiProspero Jr., Sealand Contractors Corp. has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species habitat assessment for the 2100 Simplicity Road site. The 2100 Simplicity Road site is approximately 43 acres in extent and is located east/northeast of the Simplicity Road and Cedar Ridge Lane intersection in Cabarrus County, North Carolina (Figure 1). Methods In -office Desktop Review To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Cabarrus County' and Information for Planning and Consultation (IPAC) database. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer2 on October 19, 2021 to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat are located within the project limits. Typical habitat requirements for listed species was discerned from multiple USFWS3 and NCNHP4 online resources including, but not limited to, specific USFWS species profiles, recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of North Carolina, and List of the Rare Plant Species of North Carolina. United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of ' United States Fish and Wildlife Service, Raleigh Field Office. Accessed October 18, 2021. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/cabarrus.html 2 North Carolina Natural Heritage Data Explorer. Accessed October 18, 2021. https://ncnhde.natureserve.org/ 3 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant Species. https://www.fws.gov/southeasttpdf/fact-sheettnorth-carolina-optimal-survey-windows-for-at-risk-and-listed-plants.pdf Accessed October 18, 2021. 4 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylisttnc_counties.htmi NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Page 1 of 6 2100 Simplicity Road Protected Species Assessment Report October 29, 2021 CWS Project No. 2021-0133 Cabarrus County' and aerial imagery were also reviewed for potential habitat of listed species within the project vicinity (Figures 2 and 3). Field Survey CWS scientists Aliisa Harjuniemi, PWS6, and Megan Bollero, WPIT', conducted a pedestrian habitat assessment of the project area on October 18, 2021. Potential habitats for potentially occurring federally -protected species that were identified during the desktop review were assessed in the field for the quality of physical and/or biological features essential to the conservation of the applicable species. Additionally, during the pedestrian habitat assessment, areas were reviewed for applicable federally protected species. Identification references for natural communities include the National Land Cover Database (2011)$. Results Based on the NCNHP data explorer review, there are no occurrences of federally protected species within a one -mile radius of the project limits (Attachment A). The USFWS lists four federally protected species for Cabarrus County (Table 1). An official species list has not been obtained from the USFWS Asheville Field Office. Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the 2100 Simplicity Road site, Cabarrus County, NC. Major Group Scientific Name Common Name Federal Status* Record Status Plant Helianthus Schweinitz's E Current schweinitzii sunflower Animal Lasmigona Carolina heelsplitter E Current decorata Animal Myotis Northern -long-eared T Current septentrionalis bat Animal Haliaeetus Bald eagle BGPA Current leucocephalus * E- Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act Four terrestrial community types were identified within the project area during the field survey. These community types consist of deciduous forest, mixed forest, scrub/shrub area, and dirt road sides (Figure 3). Of the identified on -site community types, the forested areas and dirt road sides are considered potential habitat for federally threatened or endangered species that could potentially occur within the project limits. A brief description of each species habitat requirements and determination of effect findings are listed below by species. 5 United States Department of Agriculture, 2020. Web Soil Survey of Cabarrus County, North Carolina. Accessed 10/18/21. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm 6 Professional Wetland Scientist, The Society of Wetland Scientists Professional Certification Program 7 Wetland Professional in Training, The Society of Wetland Scientist Professional Certification Program 8 MLRC. National Land Cover Database, 2011. https://www.mric.gov/nlcdll_leg.php Page 2 of 6 2100 Simplicity Road Protected Species Assessment Report October 29, 2021 CWS Project No. 2021-0133 Schweinitz's sunflower (Helianthus schweinitzit Habitat Description: Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They can reach heights of five feet. Populations are limited to the piedmont of North and South Carolina. It has been listed as an Endangered species under the ESA since 1991.9 The typical habitat for this plant includes roadsides, old pastures, transmission line right-of-ways, open areas, either natural or human -maintained habitats, or edges of upland woods. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, soils that are clay like in both composition and texture (and often with substantial rock fragments), soils that have a high shrinkage swell capacity, and those which vary over the course of the year from very wet to very dry. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species on -site, or within a one -mile radius of the project limits. A desktop review of the site was conducted on October 18, 2021 and determined that the site contains Enon soil series associated with Schweinitz's sunflower. However, the majority of these areas consist of forested and thick scrub/shrub areas, which are not conducive habitats for Schweinitz's sunflower (Photograph 1). The dirt road sides located throughout the project limits provide marginal habitat for Schweinitz's sunflower (Photograph 2). The potential habitat was scrutinized during the habitat assessment on October 18, 2021 and no individuals of Schweinitz's sunflower or any other Helianthus species were observed. Due to the lack of observed species, CWS concludes that this project will have no effect on Schweinitz's sunflower. Carolina heelsplitter (Lasmigona decorata) Habitat Description: The Carolina heelsplitter was historically known from several locations within the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah River systems, and possibly the Saluda River system in South Carolina. In North Carolina, the species is now known only from a handful of streams in the Pee Dee and Catawba River systems. The species exists in very low abundances, usually within 6 feet of shorelines, throughout its known range. The general habitat requirements for the Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed into clay banks between the root systems of trees, or in runs along steep banks with moderate current. Recently, the Carolina heelsplitter has been found in sections of streams containing bedrock with perpendicular crevices filled with sand and gravel, and with wide riparian buffers.10 a United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii (Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/f`ederal_register/frl852.pdf. 10 NCDOT TE Animal Habitat Descriptions. 2015. https://con nect. ncdot.gov/resources/Environmental/Compliance%20G u ides%20and%20 Procedu resfTE%2OAni mal %20 Habitat% 20Descri ptions%2OMar_6_2015. pdf Page 3 of 6 2100 Simplicity Road Protected Species Assessment Report October 29, 2021 CWS Project No. 2021-0133 Biological Analysis: There is one perennial stream located within the southern portion of the project limits (Photograph 3). This stream flows into Cold Water Creek which has been impaired by stormwater runoff which has caused high turbidity, making it unsuitable for the Carolina heelsplitter". Additionally, the NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project (Attachment A). The site is outside the designated critical habitat for this species. Therefore, CWS concludes that this project will have no effect on the Carolina heelsplitter. Northern long-eared bat (Myotis septentrionalts) The northern long-eared bat (NLEB) is one of the species of bats most impacted by the white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests and woodlots containing live trees and/or dead snags greater than three inches diameter at breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves, mines, rocky areas, or structures that mimic similar conditions such as culverts greater than 48-inch in diameter.12 The NLEB was listed as Threatened (T) on April 2, 2015. The forested areas within the property are potential habitats for the NLEB. No culverts greater than 48-inch were observed within the study area. The 2100 Simplicity Road site is within range of the NLEB, 13. However, there are no known hibernaculum within 0.25 miles from a site and no known occupied maternity roost within 150 feet. In accordance with the final 4(d) rule (effective as of February 16, 2016), any incidental take that may result from associated activities is exempt under the 4(d) rule. Therefore, the project as proposed is exempt under the 4(d) rule. Bald eagle (Haliaeetus leucocephalus) The Bald and Golden Eagle Protection Act,14 enacted in 1940, prohibits anyone without a permit issued, from "taking" bald eagles, including their parts, nests, or eggs. Habital for the bald eagle includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes, reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest. A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius of the project limits, was performed on October 19, 2021 using 2021 color aerials. There are no waters nearby that are considered large enough and sufficiently open enough to provide potential feeding sources. No nests or individuals of bald eagle were observed during the pedestrian site assessment on In https://fi les. nc.gov/ncdegMater%2OQual ity/Plan ni ng/BPU/BPU/YadkinNad kin%20PIans/2010%20 Plan/6_O3O40105%2ORocky%20 R-2010.pdf 12 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule. hftps://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf 13 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nieb/pdfNVNSZone.pdf 14 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html Page 4 of 6 2100 Simplicity Road Protected Species Assessment Report October 29, 2021 CWS Project No. 2021-0133 October 18, 201. Additionally, a review of the NCNHP database on October 19, 2021 revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of observed nests and known occurrences, CWS concludes that this project will have no effect on this species. Summary Based on the literature search and the results of the on -site assessment for suitable habitat of federally -protected endangered, and threatened species, suitable habitat was not observed within the project limits for bald eagle or Carolina heelsplitter. Marginal habitats were observed for Schweinitz's sunflower, however, no individuals of these species were observed on site. CWS has concluded that activities within the project area will not directly or indirectly jeopardize the continued existence of Schweinitz's sunflower, Carolina Heelsplitter, and bald eagle. Based on the project area location, no tree removal activities will occur within a 150-foot radius of a known, occupied NLEB maternity roost from June 1-July 31 and no trees will be removed within 0.25 miles of a known hibernaculum at any time of year. Biological determinations requirements for federally protected species are summarized in Table 2. Table 2. Bioloaical Determination Reauirements Summary Table for Federally Protected Species Scientific Name Common Name Federal Status* Effect on Listed Species Helianthus schweinitzii Schweinitz's sunflower E No Effect Lasmigona decorata Carolina heelsplitter E No Effect Myotis septentrionalis Northern -long-eared bat T Exempt Haliaeetus leucocephalus Bald eagle BGPA No Effect * E- Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act A biological assessment was not conducted for this project. All biological determinations of effect represent the best professional opinion of CWS and are not official determinations of effect. It is the responsibility of the lead federal agency to render an official determination of effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no USFWS consultation is required to comply with Section 7 of the Endangered Species Act. Should the lead federal agency's determination of effect differ from the findings of CWS, formal or informal consultation with USFWS may be required. Page 5 of 6 2100 Simplicity Road Protected Species Assessment Report October 29, 2021 CWS Project No. 2021-0133 Thank you for the opportunity to provide these services on this important project. Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this report. Sincerely, Megan Bollero, WPIT Project Scientist Aliisa Harjuniemi, PWS Senior Project Manager Attachments: Figure 1: USGS Topographic Map Figure 2: USDA-NRCS Web Soil Map of Cabarrus County Figure 3: Aerial Map Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-3) Page 6 of 6 a- -� �kftt[o Croek ." ff 0' F 0 00 0 oo �f cc C, 00 � F 'vim• 5N Pr - Legend V _ r Project Limits (43 ac.) 2,000 1,000 0 2,000 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): CONCORD SE, NC (2018). 5 SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 10/28/2021 USGS Topographic Map CWS PROJECT NO: DRAWN BY: 2021-0133 AVH 2100 Simplicity Road COORDINATES: CHECKED BY: GAR ❑ L I N A Cabarrus County 35.335875,-80.540415 GCA WETL•AN❑ sERV10Es Concord, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure2_USGS.mxd AaB ChA CUM 5�O AaB I PoF uB2 PoD CUD AaB MGANGCTy DR EnB EnD EnB \n m w o PoD PoF p Q Y/ A CuD2"Q A PoF PoD AaB PoF PoDD AaB ChA AaB B PoF� En CuD2 PoF � o 00 tY W LL PoD �Np, R �J ( PaFChA MeB I AaB \ MeB I PoF EnB \i W PoF EnB03 1 \ I I 1� CUM EnD En m eD O �h EnD EnD g1GGERs RD (n mG N PoD I A Z PoF ChA PoF D E Z eB W Po EnB ) EnD AaB n ChA Ur ChA En MeB AaB F ChA Legend R Soil Unit Name and Description I Hydric Coverage (% ) ChA Chewacla sand loam, 0 to 2 percent slopes, frequently flooded Yes 6.6 EnB Enon sa ndy loam 2to8 percent slo pes No 22.8 PoF Poindexter loam, 15 to 45 erce nt slo es No 70.6 Total Coverage: 100 Project Limits (43 ac.) Roads 1,000 500 0 1,000 Feet REFERENCE: USDA-NRCS WEB SOIL SURVEY OF CABARRUS COUNTY, NC, DATED 2020. A h ChA PaF SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO. 1 inch = 1,000 feet 10/28/2021 y CWS PROJECT NO: DRAWN BY: of Cabarrus County -2 2021-0133 MLB 2100 Simplicity Road COORDINATES: CHECKED BY: C A R O L I N A Cabarrus County 35.335875,-80.540415 AVH WETLAND 5ERV10ES Concord, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure4_CurrentSoils.mxd G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\PETS\ArcGIS\Figure3_Aerial.mxd 2100 Simplicity Road Attachments October 29, 2021 CWS Project No. 2021-0133 Attachment A: NCNHP Roy Cooper, Governor ■A�• NC DEPARTMENT OF ■■ on NATURAL AND CULTURAL RESOURCES ■ ■Z■ October 19, 2021 Megan Bollero Carolina Wetland Services 550 East Westinghouse Blvd Charlotte, NC 28273 RE: 2100 Simplicity Road Dear Megan Bollero: D. Reid Wilson, Secretary Misty Buchanan Deputy director, Natural Heritage Program NCN H D E-16079 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary, or within a one -mile radius of the project boundary. Please note that although there may be no documentation of natural heritage elements within or near the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Please also note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may also not be redistributed without permission. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler(a)ncdcr.aov or 919.707.8603. Sincerely, NC Natural Heritage Program DLPAR If-1LN 1 uF �14ATURAL AND CULTURAL RESOURCES Q 121 W JON[S STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 P OFC. 919.707.9120 • FAX 919.707.9121 C J ny a 4. riS �r .i V 0 a E 0 a r CV 0 r i W Z U Z \I W z+ V] NcH Y O w q gsb aiZ O �D ul � O ¢�R S C Z gt C O W � w E� L .0 m' A Em M N O N N O) a 2100 Simplicity Road Attachments October 29, 2021 CWS Project No. 2021-0133 Attachment B: Photopage (Photographs 1-3) 2100 Simplicity Road Attachment B: Photopage October 29, 2021 CWS Project No. 2021-0133 Photograph 1. View of unsuitable habitat for Schweinitz's sunflower, facing southwest. Photograph 2. View of marginal habitat for Schweinitz's sunflower, facing northeast. Photopage 1 of 2 2100 Simplicity Road Attachment B: Photopage October 29, 2021 CWS Project No. 2021-0133 Photograph 3. View of unsuitable habitat for Carolina heelsplitter, facing east. Photopage 2 of 2 2100 Simplicity Road Attachments December 1, 2021 CWS Project No. 2021-0133 ATTACHMENT H: SHPO Map NCHPO HPOWEB ti a ` c � u _ _ �a Ca x ka o P �Or 4 6r Buck Bo a gro In�� Cl o n I I i a � t r � w n Q �a 6 / h S O o MtAnulry Dr n ti 0 s S s� �" ¢ C,ry R e� a u e r Farm. s 7 ° Brppers Rd a o y g °a 01 °ry 4 Watson Or ° a e 4 i IQiidl�� 'lA C. a 0565 John Turkmr Farm 6 � CAWI fyi thrplf3cg,i Qa V,,b I3t36' �o 4r ,.A�iil-! t�anial P. Begot, �y,4 CA0002 McCurdy Log House House 1974 r 04BO Danid Boger 1� Waurd"! ouse 4 'ur h Cy 10/19/2021, 2:12:59 PM 1:18,056 - SimplicityPL DOE districts & boundaries • SL and DOE. Gone 0 0-15 0-3 0-6 mi ..: Local districts & boundaries Determined Eligible Boundary * SLHO Center Point Local individual resources & centefpoints Both DOE and Study List Boundary SLDOEHD Center Point 0 0.28 0.55 1.1 km Local Landmark DOE individual resources & centerpoints NR districts & boundaries Local Landmark, Gone • Determined Eligible National Register Boundary * Local HD Center Point • DOE, Gone Surveyed Only individual resources & centerpoints SL and DOE ' Surveyed Only ' SL and DOE, Gone Surveyed in NRHD * DOEHD Center Point ' Surveyed Only, Gone * SLDOEHD Center Point ' Surveyed in NRHD, Gone SL districts & boundaries + Blockface- Multiple properties Study List Boundary - Blockface in NRHD Both SL and Determined Eligible Boundary County of Cabarrus. Stale of North Carolina DOT, Esd, HERE, ` Surveyed Area, No designation SL individual resources & centerpoints Garmin, INCREMENT P, NGA, USGS Surveyed Area in NHRD 0 SL Individual Entry • SL and DOE entry • Study List Entry, Gone North Carolina State Historic Preservation Office County of Cabarrus, State of North Carolina DOT, Esd, HERE, Garmin, INCREMENT P, NGA, USGS I Participating NO Counties, NCCGIA, NO OneMap, US EPA j Esri, HERE I