HomeMy WebLinkAbout20220183 Ver 1_ePCN Application_20220127fr.,f DW R
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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
20220183
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
Information for Initial Review
1a. Name of project:
Bonds Farm - Tract 1
1a. Who is the Primary Contact?*
Jeff Levi
1 b. Primary Contact Email:
jeff.levi@wetlands-epg.com
Date Submitted
1 /27/2022
Nearest Body of Water
Rocky River
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.39558
A. Processing Information
County (or Counties) where the project is located:
Cabarrus
Is this a NCDMS Project
Yes No
Longitude:
-80.69834
Is this project a public transportation project?*
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version# *
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Doug Perez:eads\djperez
1c. Primary Contact Phone:*
(828)699-3697
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
BONDS FAMILY LTD PARTNERSHIP A N C LTD PARTNERSHIP
2b. Deed book and page no.:
Deed book #13350;Page #0137
2c. Contact Person:
Tony Bonds
2d.Address
Street Address
655 PITTS SCHOOL RD
Address Line 2
City
CONCORD
Postal / Zip Code
28207
2e. Telephone Number:
(828)699-3697
2g. Email Address:
jeff.levi@wetiands-epg.com
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
2f. Fax Number:
Yes No
Yes No
U
3. Applicant Information (if different from owner)
3a. Name:
Ken Jonmaire
3b. Business Name:
Crescent Communities
3c.Address
Street Address
601 S. Tryon St, Suite 800
Address Line 2
City
Charlotte
Postal / Zip Code
28202
3d. Telephone Number:
(980)321-6199
3f. Email Address:"
jeff.levi@wetlands-epg.com
4. Agent/Consultant (if applicable)
4a. Name:
Jeff Levi
4b. Business Name:
WEPG
4c.Address
Street Address
10612-D Providence Rd
Address Line 2
PMB 550
City
Charlotte
Postal / Zip Code
28277
4d. Telephone Number:
(828)699-3697
4f. Email Address:*
j eff. levi@wetlands-epg.com
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Concord
2. Project Identification
2a. Property Identification Number:
46903098120000
2c. Project Address
Street Address
655 PITTS SCHOOL RD
Address Line 2
City
CONCORD
Postal / Zip Code
28027
3. Surface Waters
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
30.65
State / Province / Region
NC
Country
USA
3a. Name of the nearest body of water to proposed project:
Rocky River
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050106
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:
Majority of the project area is in agriculture with surrounding industrial/commercial.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.125 ac
4g. List the total estimated linear feet of all existing streams on the property:
1190 If
4h. Explain the purpose of the proposed project: *
To construct 2 industrial buildings with associated parking.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Excavation and grading of the site will use standard equipment - excavator, trackhoe, dump trucks, etc.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-02102
So. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Patrick Kealy; Jeff Levi
Agency/Consultant Company: WEPG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE - 10/27/2021
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* 2g. Impact
(?> area *
Grading
Grading
P
P
Bottomland Hardwood Forest
Bottomland Hardwood Forest
Wtld B
Wtld D
Yes
Yes
Fps__]
[Corps
0.036
(acres)
0.002
(acres)
Rd Crossing
P
Bottomland Hardwood Forest
Wtld D
Yes
Corps
0.013
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.051
21. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.051
❑
S7
3a. Reason for impact (?)
Building and Parking
3b.lmpact type*
Permanent
3c. Type of impact*
Other
name*
Strm A
3e. Stream Type*
(?)
Intermittent
3f. Type of
Jurisdiction*
Corps
3g. S. width*
5
Average (feet)
3h. Impact
length*
331
pinearfeeq
S2
Rd Crossing
Permanent
Culvert
Strm A
Intermittent
Corps
t;;;J�J
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
394
31. Total stream and ditch impacts:
394
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The layout and size of the buildings and associated parking have been designed to minimize impacts to streams and wetlands while allowing the project
requirements for the buildings purpose. Extensive use of headwalls are proposed to minimize impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(iinearfeet) 4c. If using stream mitigation, what is the stream temperature:
394 warm
4e. Riparian wetland mitigation requested:
4d. Buffer mitigation requested (DWR only): (acres)
(square feet) 0.052
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
No NCRBP rules in this area.
2. Stormwater Management Plan
2a. Is this a 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
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Concord
Comments:
A preliminary stormwater exhibit is included in the attached pdf. It has not been approved yet but is designed to meet with Concord stormwater criteria.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/statellocal) funds or the use of public (federal/state) land?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?"
Yes No
3b. If you answered "no," provide a short narrative description.
No impacts are being proposed for Tract 2.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?'�
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 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
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A threatened and endangered species assessment was conducted in which no species were identified.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
No EFH in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
There are no NRHP-listed properties, determined -eligible properties, study -listed resources,
designated local landmarks, cemeteries, or recorded archeological sites located within the study tract.
Historic maps and aerial photographs suggest that the surveyed -only Reverend John R. Robinson
House (Resource No. CA0518) was part of a large agricultural operation active in the study tract
throughout the first half of the 20th century; it fell into decline after 1965. By 2018, aerial
photography shows that the Robinson House was no longer present. Please refer to the attached Cultural Resources Report for details
8. Flood Zone Designation (Corps Requirement)
Sa. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
Concord GIS (maps.concordnc.gov); www.fema.gov
Miscellaneous
u
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Bonds Farm_ePCN Submittal.pdf 12.72MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
U
Full Name:
Jeff Levi
Signature
Date
1 /27/2022
Preliminary ORM Data Entry Fields for New Actions
ACTION ID 4: SAW- 2021-02102
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Bonds Farm Tract 1
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
To construct 2 industrial buildings with associated parking.
4. Property Owner / Applicant [PCN Form A3 or A4]: Crescent Communities
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Jeff Levi/Wetlands & Environmental Planning Group - Leonard S. Rindner, PLLC
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
35.39558/-80.69834
8. Project Location —Tax Parcel ID [PCN Form Bla]: 46903098120000
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]: Rocky River
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105
Authorization: Section 10 ❑ Section 404 7
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit 4 39
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602
Leonard S. Rindner, PLLC.
WEPG
Wetlands and Environmental Planning Group
January 24, 2022
Ms.Krysta Stygar
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue
Asheville, NC 28801
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa St.
Asheville, NC 28801
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Mr. Paul Wojoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Subject: Pre -Construction Notification for NWP# 39 for the 30.65-acre Bonds Farm Tract 1
project, in Concord, Cabarrus County, North Carolina.
Ms. Stygar and Messrs., Johnson, Hamstead, and Wojoski,
Enclosed is a request for a Nationwide Permit #39 for the — 31-acre Bonds Farm Tract 1 project
to be located near 655 Pitts School Road west of 185, south of Poplar Tent Road, and northwest
of Belt Road, in Concord, NC. The site is a proposed Industrial development consisting of 2
streams totaling approximately 1190 linear feet and 3 wetlands totaling 0.125 acres within the
project area.
A Jurisdictional Determination (JD) was completed on 10/27/21 for this tract and an additional
tract not included in this permit application. The JD is attached and a map of Tract 1 is
included. No impacts to jurisdictional waters are being proposed for the 2nd tract.
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
(704)904-2277
len.rindner@wetlands-epg.com 1
Leonard S. Rindner, PLLC.
Wetlands and Environmental Planning Group
Due to the locations of the onsite aquatic features, complete avoidance of impacts was not
practicable. Impacts to site surface waters associated with the proposed development were
limited through site selection location, design, and location of the building and parking areas
along the low quality stream valley. Along with building orientation and parking lot design,
extensive use of headwalls are being proposed to minimize impacts to jurisdictional waters.
Proposed permanent loss to jurisdictional waters associated with this project will be
approximately 394 linear feet (0.0348 acres) of highly degraded intermittent stream and 0.0517
acres of wetland for a portion of the building and parking areas.
The main proposed stream impact is in a heavily degraded agricultural stream. Historic
surrounding agricultural land use has degraded the stream channel including impacts from
cattle use. WEPG conducted an NCSAM evaluation (included in this submittal) and the stream
received a Low score. Based on the degradation and NCSAM evaluation we are proposing
mitigation at a 1:1 ratio. No mitigation banks were available at the time of this permit
application. NCDMS has accepted the mitigation credit request for wetland and stream impacts.
Enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area and we believe that there will be no effect on
listed species or their critical habitat as designated under Section 7 of the Endangered Species
Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional
details on the Threatened and Endangered Species survey.
Also enclosed is a copy of the Cultural Resources Evaluation report for the site. Results of the
study shows that there are no NRHP-listed properties, determined -eligible properties, study -
listed resources, designated local landmarks, cemeteries, or recorded archeological sites
located within the study tract.
We appreciate the opportunity to provide this information. Please contact me at 828-699-3697
or ieff.levi@wetlands-epg.com if you have any questions.
Sincerely,
9 (
Jeff Levi,
Biologist
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
(704)904-2277
len.rindner@wetlands-epg.com
www.wetlands-epg.com
A --
Len Rindner, PWS
Principal
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville. NC 28805
C
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Permit Application
1/27/22, 3:22 PM
New Submission
DWR
Div islon of Wager Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
hftps://edocs.deq.nc.govNVaterResources/O/edoc/624704/PCN°/u2OHelp°/u20File`/u202018-1-30.pdf (hftps://edocs.deq.nc.gov/WaterResources/0/docf6O3610/Pagel.aspx)
A. Processing Information
County (or Counties) where the project is located: *
A.
Is this a NCDMS Project*
0 Yes 0 No
Click Yes, only if NCDMS is the applicant or cc -applicant.
Is this project a public transportation project?
0 Yes 0 No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
1a. Type(s) of approval sought from the Corps: *
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?
0 Yes
Q No
1b. What type(s) of permit(s) do you wish to seek authorization?*
Q Nationwide Permit (NWP)
❑ Regional General Permit (RGP)
❑ Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?*
0 Yes 0 No
Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments
Au- -
https://edocs.deq. nc.gov/Forms/Pre-Construction_Notification_Form 1 /13
1/27/22, 3:22 PM
New Submission
NWP Numbers (for multiple NWPS):
List all NW numbers you are applying for not on the drop down list.
1d. Type(s) of approval sought from the DWR:
check all that apply
Q 401 Water Quality Certification - Regular
❑ Non-404 Jurisdictional General Permit
❑ Individual 401 Water Quality Certification
❑ 401 Water Quality Certification - Express
❑ Riparian Buffer Authorization
1e. Is this notification solely for the record because written approval is not required?
......................................................................................................................................................................................................................................................................................................................................................
For the record only for DWR 401 Certification: 0 Yes 0 No
For the record only for Corps Permit: 0 Yes 0 No
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
0 Yes 0 No
Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
Upload
Bonds Farm Tract 1 DMS letter.pdf (blob:https://edocs.deq.nc.gov/a4cf7591-0526-4518-9cd4-0600597dfd... 235.75KB
FILE TYPE MUST BE PDF
1h. Is the project located in any of NC's twenty coastal counties?*
Yes No
1j. Is the project located in a designated trout watershed?*
0 Yes No
Link to trout information: http://wv6w.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-CoordinationfTrout.aspx (http://wv6w.saw.usace.army.mil/Missions/Regulatory-
Permit-Program/Agency-Coordination/Trout.aspx)
B. Applicant Information
1a. Who is the Primary Contact?*
Jeff Levi
1b. Primary Contact Email: *
jeff.levi@wetiands-epg.com
1d. Who is applying for the permit?*
❑ Owner
(Check all that apply)
1e. Is there an Agent/Consultantfor this project?*
Yes No
2. Owner Information
1c. Primary Contact Phone:*
(—)---
828)699-3697
Invalid input.
2a. Name(s) on recorded deed: *
BONDS FAMILY LTD PARTNERSHIP A N C LTD PARTNERSF
Q Applicant (other than owner)
X
https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 2/13
1/27/22, 3:22 PM New Submission
2b. Deed book and page no.:
Deed book #13350;Page #0137
2c. Contact Person:
(for Corporations)
Tony Bonds
2d. Address*
Street Address
655 PITTS SCHOOL RD
Address Line 2
State / Province / Region
CONCORD NC
Postal / Zip Code Country
28207 USA
2e. Telephone Number:*
(x�ocpocx-�onoc
828-699-3697
Invalid input.
2f. Fax Number:
(x�ocpocx-�onoc
2g. Email Address:*
jeff.levi@wetiands-epg.com
3. Applicant Information (if different from owner)
3a. Name: *
Ken Jonmaire
3b. Business Name:
(if applicable)
Crescent Communities
3c. Address*
Street Address
601 S. Tryon St, Suite 800
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28202
USA
3d. Telephone Number:* 3e. Fax Number:
(980)321-6199
https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 3/13
1/27/22, 3:22 PM New Submission
X Email Address:*
jeff.levi@wetiands-epg.com
4. Agent/Consultant (if applicable)
4a. Name: *
Jeff Levi
4b. Business Name:
(if applicable)
WEPG
4c. Address*
Street Address
10612-D Providence Rd
Address Line 2
PMB 550
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28277
USA
4d. Telephone Number:*
828-699-3697 4e. Fax Number:
Invalid input.
(x�ocpocxaonoc (x�ocpnoc-x�ocx
4f. Email Address:*
jeff.levi@wetiands-epg.com
C. Project Information and Prior Project History
1. Project Information
1a. Name of project:*
Bonds Farm - Tract 1
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:*
Concord
2. Project Identification
2a. Property Identification Number: 2b. Property size:
.. _.-. .._. (in acres)
46903098120000 30.65
https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 4/13
1/27/22, 3:22 PM New Submission
2c. Project Address
Street Address
655 PITTS SCHOOL RD
Address Line 2
State / Province / Region
CONCORD NC
Postal / Zip Code Country
28027 USA
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how
the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude: * Longitude:*
35.39558-80.69834
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Rocky River
3b. Water Resources Classification of nearest receiving water:
C
Surface water Lookup (https://ncdenr.maps.arcgis.com/apps/webappviewerrndex.html?id=6el25ad7628f494694e259c8Odd64265)
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
Add another river basin
3d. Please provide the 12-digit HUC in which the project is located.*
030401050106
River Basin Lookup (http://ncdenr.maps.arcgis.com/apps/Publicinformation/index.html?appid=ad3a85aDc6d644aDb97cdD69db238ac3)
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:
Majority of the project area is in agriculture with surrounding industrial/commercial.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
O Yes eQ No p Unknown
https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 5/13
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4f. List the total estimated acreage of all existing wetlands on the property:
0.125 ac
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
1190 If
4h. Explain the purpose of the proposed project: *
To construct 2 industrial buildings with associated parking.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Excavation and grading of the site will use standard equipment - excavator, trackhoe, dump trucks, etc.
5. Jurisdictional Determinations
Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Example: SAW-2017-99999
SAW-2021-02102
Sc. If Sa is yes, who delineated the jurisdictional areas?
Name (if known): Patrick Kealy; Jeff Levi
Agency/Consultant Company: WEPG
Other:
https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 6/13
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5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR.
USACE - 10/27/2021
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands 12 Streams -tributaries Buffers
Open Waters O Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
"W." will be used in the table below to represent the word "wetland".
2a1 Reason*(?)
2b. Impact type* (')
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of
2g. Impact
Jurisdicition*(')
are
1
Grading
P
Hardwood
Wtld B
Yes v
Corps v
0.036
(acres)
E7_Grading
P
wood
Id D
Yes v
Corps
0.002
(acres)
37
Rd Crossing
P
Bottomland Hardwood
Wtld D
Yes v
Corps �/
0.013
(acres)
Ads'
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.051
2g. Total Wetland Impact
0.051
https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 7/13
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2i. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream
sites impacted.
"S." will be used in the table below to represent the word "stream".
for impact* (')
3b.lmpact
3c. Type of impact*
3d. S. name*
3e. Stream
Type of
3gSwidth*
3h. Impact
FfReason
type*
Type(')
FX.
risdiction*
length*
S7
Building and Parki
Penman �/
Other
Strm A
Intermitte u
Corps u
5
331
Average (feet)
(linear feet)
sz
Rd Crossing ::I
fffl
Culvert
Strm A
Intermitte �/
Corps �/
2
63
Average (feet)
(linear feet)
Add another impact
** All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
394
3i. Total temporary stream impacts:
0
3i. Total stream and ditch impacts:
394
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: *
The layout and size of the buildings and associated parking have been designed to minimize
impacts to streams and wetlands while allowing the project requirements for the buildings
purpose. Extensive use of headwalls are proposed to minimize impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: *
Construction techniques will implement approved erosion control methods to avoid/minimize
impacts to onsite/adjacent offsite receiving conveyances.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 8/13
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New Submission
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program ❑ Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
394
4c. If using stream mitigation, what is the stream temperature:
warm
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS (https://ribits.usace.army.mil/dbits_apex/f.?
p=107:27:2734709611497::NO:RP:P27_BUTTON_KEY:0) website.
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4e. Riparian wetland mitigation requested:
0.052
4g. Coastal (tidal) wetland mitigation requested:
(acres)
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section ***
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 QQ No
For a list of options to meet the diffuse flow requirements, click here
(https://files.nc.gov/ncdeq/Water%20Quality/Surface%2OWater%2OProtection/401 /Buffer%20Cladfication%2OMemos/Options%20fbr%2OMeeting%20Diffuse%20FIow%20Provisions%20c
If no, explain why:
No NCRBP rules in this area.
2. Stormwater Management Plan
2a. Is this a 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
https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 9/13
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New Submission
To look up low density requirement click here 15A NCAC 02H .1003(2) (http://reports.oah.state.nc.us/ncacttitle%2015a%20-%20environmental%20quality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003. pdo
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government
stormwater program?*
p Yes ( No
p N/A - project disturbs < 1 acre
Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that safisfy state or locally -implemented stormwater programs through use of community in -lieu
programs should answer no to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply):
Local Government ❑ State
If you have a local government approval please include the SMP on their overall impact map.
Local Government Stormwater Programs*
Q Phase II ❑ NSW
❑ USMP ❑ Water Supply
Please identify which local government stormwater program you are using.
City of Concord
Comments:
A preliminary stormwater exhibit is included in the attached pdf. It has not been approved yet but is designed to
meet with Concord stormwater criteria.
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
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland
Standards or Riparian Buffer Rules (I SA NCAC 2B .0200)? *
Yes 0 No
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.
No impacts are being proposed for Tract 2.
4. Sewage Disposal (DWR Requirement)
https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 10/13
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4a. Is sewage disposal required by DWR for this project?*
*Yes Q No Q N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be
treated at a treatment plant, list the capacity available at that plant.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer
lines.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
Sa. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
p Yes (g No
5d. Is another Federal agency involved?*
p Yes No Unknown
5s. Is this a DOT project located within Division's 1-8?*
Q Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?*
Q Yes No
5g. Does this project involve bridge maintenance or removal?*
Q Yes No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf (http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-
SLOPES&apps.pdq
Sh. Does this project involve the construction/installation of a wind turbine(s)?*
p Yes No
Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A threatened and endangered species assessment was conducted in which no species were
identified.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
No EFH in this region.
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/ (http://gis.ncdcr.gov/hpoweb/)
https://edocs.deq. nc.gov/Forms/Pre-Construction_Notification_Form 11 /13
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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 O• No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
throughout the first half of the 20th century; it fell into decline after 1965. By 2018, aerial
photography shows that the Robinson House was no longer present. Please refer to the
attached Cultural Resources Report for details
S. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search (https://msc.fema.gov/portal/search)
Be. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?
Concord GIS (maps. concordnc.gov); www.fema.gov
Miscellaneous
Comments
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined
into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Upload
File must be PDF or KMZ
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of
time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:*
Jeff Levi
hftps://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 12/13
1/27/22, 3:22 PM
New Submission
Signature*
je-4v
Date
Date will be captured on form submission
Submit Save aS Draft
hftps://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form 13/13
Mitigation Credit
Reservation Letter
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Ken Jonmarie
Crescent Communities
601 S. Tryon Street, Suite 800
Charlotte, NC 28202
Project: Bonds Farm Tract 1
NORTH CAROLINA
Environmental Quality
January 12, 2022
Expiration of Acceptance: 7/12/2022
County: Cabarrus
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Yadkin
03040105
Riparian Wetland
0.052
Yadkin
03040105
Warm Stream
394
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly.Williams@ncdenr.gov.
Sincerely,
&�dv�
FOR James. B Stanfill
Asset Management Supervisor
cc: Jeff Levi, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
h(h�TH :.AROI iRA IV
o �nmmmenni w�a 919,707,8976
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NC SAM FIELD ASSESSMENT FORM
user rvianuai version d.,i
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): Bonds Farm: Stream A 2. Date of evaluation: 10/12/21
3. Applicant/owner name: Crescent Communities 4. Assessor name/organization: WEPG
5. County: Cabarrus 6. Nearest named water body
7. River basin: Yadkin-PeeDee on USGS 7.5-minute quad: Rocky River
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.39263,-80.69771
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): Stream A 10. Length of assessment reach evaluated (feet): 800
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 4 ❑Unable to assess channel depth.
12. Channel width at top of bank (feet): 8 13. Is assessment reach a swamp steam? ❑Yes ❑No
14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0)
16. Estimated geomorphic ❑A ®B
valley shape (skip for
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip ®Size 1 (< 0.1 mil) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V)
❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters
❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters
❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC)
❑Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
❑Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ®Yes ❑No
1. Channel Water— assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
®A Water throughout assessment reach.
❑B No flow, water in pools only.
❑C No water in assessment reach.
2. Evidence of Flow Restriction — assessment reach metric
❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams,
beaver dams).
®B Not A
3. Feature Pattern — assessment reach metric
❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
®B Not
4. Feature Longitudinal Profile — assessment reach metric
®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
❑B Not A
5. Signs of Active Instability — assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
®A < 10% of channel unstable
❑B 10 to 25% of channel unstable
❑C > 25% of channel unstable
6. Streamside Area Interaction — streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
❑A ❑A
Little or no evidence of conditions that adversely affect reference interaction
❑B ❑B
Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
®C ®C
Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
Water Quality Stressors — assessment reach/intertidal zone metric
Check all that apply.
❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
❑B Excessive sedimentation (burying of stream features or intertidal zone)
❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
❑D Odor (not including natural sulfide odors)
❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch"
section.
®F Livestock with access to stream or intertidal zone
❑G Excessive algae in stream or intertidal zone
❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
❑I Other: (explain in "Notes/Sketch" section)
❑J Little to no stressors
8. Recent Weather — watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
®C No drought conditions
9. Large or Dangerous Stream — assessment reach metric
❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types — assessment reach metric
10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams)
❑A Multiple aquatic macrophytes and aquatic mosses F, W ❑F 5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats) 2 E ❑G Submerged aquatic vegetation
❑B Multiple sticks and/or leaf packs and/or emergent o w ❑H Low -tide refugia (pools)
vegetation Y U)C ❑I Sand bottom
❑C Multiple snags and logs (including lap trees) r ❑J 5% vertical bank along the marsh
❑D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat
in banks extend to the normal wetted perimeter
®E Little or no habitat
*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11 a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11 b. Bedform evaluated. Check the appropriate box(es).
®A Riffle -run section (evaluate 11c)
®B Pool -glide section (evaluate 11d)
❑C Natural bedform absent (skip to Metric 12, Aquatic Life)
11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
® ❑ ❑ ❑ ❑ Bedrock/saprolite
® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm)
❑ ® ❑ ❑ ❑ Cobble (64 — 256 mm)
❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm)
❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm)
❑ ❑ ❑ ® ❑ Silt/clay (< 0.062 mm)
❑ ® ❑ ❑ ❑ Detritus
® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.)
11d. ®Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12
Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams)
12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other:
12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams.
❑ ❑Adult frogs
❑ ❑Aquatic reptiles
❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
❑ ®Beetles
❑ ❑Caddisfly larvae (T)
❑ ❑Asian clam (Corbicula)
❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp)
❑ ❑Damselfly and dragonfly larvae
❑ ❑Dipterans
❑ ❑Mayfly larvae (E)
❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae)
❑ ❑Midges/mosquito larvae
❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
❑ ❑Mussels/Clams (not Corbicula)
❑ ❑Other fish
❑ ® Sala manders/tadpoles
❑ ®Snails
❑ ❑Stonefly larvae (P)
❑ ❑Tipulid larvae
❑ ❑Worms/leeches
13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area
❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area
®C ®C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep
❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
®Y ®Y Are wetlands present in the streamside area?
❑N ❑N
16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
®A Streams and/or springs (jurisdictional discharges)
❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir)
❑D Evidence of bank seepage or sweating (iron in water indicates seepage)
®E Stream bed or bank soil reduced (dig through deposited sediment if present)
❑F None of the above
17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
❑C Urban stream (>_ 24% impervious surface for watershed)
❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach
❑E Assessment reach relocated to valley edge
®F None of the above
18. Shading — assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
®A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
❑B Degraded (example: scattered trees)
❑C Stream shading is gone or largely absent
19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated Wooded
LB RB LB RB
®A ®A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed
❑B ❑B ❑B ❑B From 50 to < 100 feet wide
❑C ❑C ❑C ❑C From 30 to < 50 feet wide
❑D ❑D ®D ®D From 10 to < 30 feet wide
❑E ❑E ❑E ❑E < 10 feet wide or no trees
20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB RB
®A ❑A Mature forest
❑B ®B Non -mature woody vegetation or modified vegetation structure
❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide
❑D ❑D Maintained shrubs
❑E ❑E Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22: ❑
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
❑A ❑A ❑A ❑A ❑A ❑A Row crops
❑B ❑B ❑B ❑B ❑B ❑B Maintained turf
❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture
®D ®D ❑D ❑D ❑D ❑D Pasture (active livestock use)
22. Stem Density — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
❑A ❑A Medium to high stem density
®B ®B Low stem density
❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
®A ®A The total length of buffer breaks is < 25 percent.
❑B ❑B The total length of buffer breaks is between 25 and 50 percent.
❑C ❑C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to
assessment reach habitat.
LB RB
❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity — assessment reach metric (skip for all Coastal Plain streams)
25a. ®Yes ❑No Was conductivity measurement recorded?
If No, select one of the following reasons. ❑No Water ❑Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ®D 79 to < 230 ❑E >_ 230
Notes/Sketch:
Agricultural land use with active livestock.
Livestock have access to the study reach throughout.
Evidence of livestock in the stream.
Bed and banks severely eroded and incised in many areas.
Some areas over -widened by livestock in channel and banks unstable.
Extensive areas with little to no access to the floodplain.
Thin degraded stream buffer with sparse understory degraded by livestock.
Pasture (active livestock use) extends to edge of watershed.
Area was "abnormally dry" (10/12/21)
Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
Stream Site Name Bonds Farm: Stream A Date of Assessment 10/12/21
Stream Category Pb1 Assessor Name/Organization WEPG
Notes of Field Assessment Form (Y/N)
YES
Presence of regulatory considerations (Y/N)
NO
Additional stream information/supplementary measurements included (Y/N)
YES
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream)
Intermittent
USACE/
NCDWR
Function Class Rating Summary
All Streams
Intermittent
(1) Hydrology
LOW
LOW
(2) Baseflow
HIGH
HIGH
(2) Flood Flow
LOW
LOW
(3) Streamside Area Attenuation
LOW
LOW
(4) Floodplain Access
LOW
LOW
(4) Wooded Riparian Buffer
LOW
LOW
(4) Microtopography
NA
NA
(3) Stream Stability
MEDIUM
MEDIUM
(4) Channel Stability
HIGH
HIGH
(4) Sediment Transport
LOW
LOW
(4) Stream Geomorphology
MEDIUM
MEDIUM
(2) Stream/Intertidal Zone Interaction
NA
NA
(2) Longitudinal Tidal Flow
NA
NA
(2) Tidal Marsh Stream Stability
NA
NA
(3) Tidal Marsh Channel Stability
NA
NA
(3) Tidal Marsh Stream Geomorphology
NA
NA
(1) Water Quality
LOW
LOW
(2) Baseflow
HIGH
HIGH
(2) Streamside Area Vegetation
MEDIUM
MEDIUM
(3) Upland Pollutant Filtration
LOW
LOW
(3) Thermoregulation
HIGH
HIGH
(2) Indicators of Stressors
YES
YES
(2) Aquatic Life Tolerance
MEDIUM
NA
(2) Intertidal Zone Filtration
NA
NA
(1) Habitat
MEDIUM
MEDIUM
(2) In -stream Habitat
LOW
LOW
(3) Baseflow
HIGH
HIGH
(3) Substrate
LOW
LOW
(3) Stream Stability
MEDIUM
MEDIUM
(3) In -stream Habitat
LOW
LOW
(2) Stream -side Habitat
HIGH
HIGH
(3) Stream -side Habitat
MEDIUM
MEDIUM
(3) Thermoregulation
HIGH
HIGH
(2) Tidal Marsh In -stream Habitat
NA
NA
(3) Flow Restriction
NA
NA
(3) Tidal Marsh Stream Stability
NA
NA
(4) Tidal Marsh Channel Stability
NA
NA
(4) Tidal Marsh Stream Geomorphology
NA
NA
(3) Tidal Marsh In -stream Habitat
NA
NA
(2) Intertidal Zone
NA
NA
Overall
LOW
LOW
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PHOTO 1: Photo showing pools filled with sediment, debris, and lack of available
habitat (facing downslope).
PHOTO 2: Photo showing channel downcutting with disturbed, unstable, and nearly vertical
banks. Note lack of stream substrate and available habitat (facing downslope).
..W-EP-G--
Bonds Farm, NCSAM Photos, Cabarrus County, INC
Landscape Photos taken 10112121
Wetlands and Environmental Planning Group
Leonard 5. Rindner, PLLC.
PHOTO 3: Photo showing channel downcutting with disturbed, unstable, and vertical banks.
Note lack of stream substrate and available habitat (facing upslope).
PHOTO 4a: Photo showing livestock access to the reach and disturbed understory buffer
(facing downslope).
Bonds Farm, NCSAM Photos, Cabarrus County, INC
WCdsL Landscape Photos taken 10112121
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
PHOTO 4b: Photo showing livestock access to the reach with impacts to the stream bed and
banks (facing upslope).
PHOTO 5a: Photo showing livestock pasture (facing downslope).
..W-EP-
Wetlands and Environmental Planning Group
Bonds Farm, NCSAM Photos, Cabarrus County, INC
Landscape Photos taken 10112121
Leonard S. Rindner, PLLC.
PHOTO 5b: Photo showing livestock pasture (facing upslope to stream origin).
EP-
Wetlands and Environmental Planning Group
Bonds Farm, NCSAM Photos, Cabarrus County, INC
Landscape Photos taken 10112121
Leonard 5. Rindner, PLLC.
STREAM REACH EVALUATION FORM
Data Point: DP3
Name: Int. Strm. A
Date:
08/03/21 1 Evaluator: I WEPG
Easting:
-80.69738 W
Project:
Bonds Farm: (DP3) Intermittent Stream A
Northing:
35.39612 N
Total Points:
Stream is at least intermittent if > 19 or perennial if > 30*
26.75
(right -click the purple number and left -click Update Field to summarizepoints)
A. GeomorphologyGeornorphology
Absent
Weak
Moderate
Strong
SCORE
1a. Continuity of channel bed and bank
0
1
2
3
3
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0
1
2
3
2
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0
1
2
3
1
4. Particle size of stream substrate
0
1
2
3
1
5. Active/relic floodplain
0
1
2
3
1
6. Depositional bars or benches
0
1
2
3
0
7. Recent alluvial deposits
0
1
2
3
0
8. Headcuts
0
1
2
3
1
9. Grade controls
0
0.5
1
1.5
0.5
10. Natural valley
0
0.5
1
1.5
1
11. Second or greater order channel
No = 0
Yes = 3
0
Geomorphology Subtotal
10.5
a Man-made ditches are not rated: see discussion in NCDWQ Manual
B. Hydrology
12. Presence of Baseflow
0
1
2
3
3
13. Iron Oxidizing Bacteria
0
1
2
3
0
14. Leaf litter
1.5
1
0.5
0
1
15. Sediment on plants or debris
0
0.5
1
1.5
0.5
16. Organic debris lines or piles Wrack lines
0
0.5
1
1.5
0.5
17. Soil -based Evidence of high water table?
No = 0
Yes = 3
3
Hydrology Subtotal
8.0
C. Biology
18. Fibrous roots in streambed
3
2
1
0
2
19. Rooted upland plants in streambed
3
2
1
0
3
20. Macrobenthos (note diversity and abundance)
0
1
2
3
1
21. Aquatic Mollusks
0
1
2
3
1
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0
0.5
1
1.5
0
23. Crayfish
0
0.5
1
1.5
0
24. Amphibians
0
0.5
1
1.5
0.5
25. Algae
0
0.5
1
1.5
0
26. Wetland plants in streambed
FACW= 0.75, OBL= 1.5, Other= 0
0.75
Biology Subtotal
8.25
. perennial streams may also be identified using other methods. See page 35 of NCDWQ manual.
Notes:
Steep, disturbed banks. Evidence of livestock in channel.
Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their
(version 4.11)
Origins.
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02102 County: Cabarrus U.S.G.S. Quad: NC-Kannapolis
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Crescent Communities
Ken Jo nmaire
Address: 227 W. Trade STE 1000
Charlotte, NC 28202
Telephone Number: (980)321-6199
E-mail: Kionmairena,cresecentcommunities.com
Size (acres) 68.61 Nearest Town Concord
Nearest Waterway Rocky River River Basin UnnerPeeDee
USGS HUC 03040105 Coordinates Latitude:35.39558
Longitude:-80.69834
Location description: PIN: 4690-30-9812-0000
Indicate Which of the Following Appl
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 mapdated 9/13/2021. Therefore this preliminary jurisdiction determination
maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat allwaters and wetlands thatwould 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 33 CFR Part 331). However, youmay requestan 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, 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). However, since the waters
have not been properly delineated, this preliminary jurisdictiondetermination 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 ofthe United States within the above described project 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 thepermit 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 periodnotto exceedfive 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-2021-02102
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 determination maybe 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 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 20Coastal 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 fill materialwithin waters of the US, in cludin g 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
rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
krystynka.b.stygar&gsace.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 33 CFR
328, Regulatory Guidance Letter 05-05, and 1987 Wetland Delineation Manual, and/or the Regional
Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the preliminary
iurisdictional determination form dated 10/27/2021.
D. Remarks: See approximate Jurisdictional Features entitled, "Bonds Farm- Tract I & Tract 2 " 09/13/2021
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 (1rhis information applies only to approvedjurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an adin inistrativeappeal under Corps regulations at33CFRPart 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis
determination 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 3 0303-8803
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 you
decide to submit an RFA form, it must be received at the above address by Not applicable.
* * It is not necessary to submit anRFAform to the Division Office if you do notobject to the determination in this correspondence.**
Corps Regulatory Official:
- A 1W zkw
Date of JD:10/27/2021 Expiration Date of JD-. Not applicable
SAW-2021-02102
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: Wetlands and Environmental Planning Group
PatrickKealy
Address: 10612-D Providence Road PMB 550
Charlotte, NC 28277
Telephone Number: (704) 904-2277
E-mail: Patrick.kealy(jetlands-epg.com
Property Owner: Bonds Family LTD Partnership
FIRST LAST
Address: 655 Pitts School Road
Concord, NC 28027
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Crescent Communities, KenJonmaire File Number: SAW-2021-02102
Date:10/27/2021
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 yourright 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 contactingthe Corps district for further instruction. Also you may provide newinformation for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FORAPPEAL OROBJECTIONS: (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 appealis limited to a review of the administrative record, the Corps memorandum forthe
record of the appealconference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record.
However, you may provide additionalinformation 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/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: 09/30/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Crescent Communities, Ken Jonmaire, 227
W. Trade STE 1000, Charlotte, NC 28202
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Bondsfarm, SAW-2021-
02102
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: PIN:4690-30-9812-0000
(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:35.39558 Longitude:-80.69834
Universal Transverse Mercator:
Name of nearestwaterbody: Rocky River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): October 14, 2021
TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic resources
Geographic
(decimal
(decimal
amountof
(i.e., wetland vs. non-
authority to
degrees)
degrees)
aquatic
wetland waters)
which the
resources in
aquatic
review area
resource "may
(acreage and
be" subject
linear feet, if
(i.e., Section
applicable
404 or Section
10/404)
Wetland B
35.396570
-80.69992
0.06 acres
Wetland
Section 404
Wetland C
35.394580
-80.697330
0002 acres
Wetland
Section 404
Wetland D
35.3950
-80.697440
0.06 acres
Wetland
Section 404
Wetland E
35.39535
-80.697460
0.003 acres
Wetland
Section 404
Stream A
35.39612
-80.697380
800 LF
Non -wetland waters
Section 404
Stream F
35.395330
-80.70031
390 LF
Non -wetland waters
Section 404
Wetland W
35.384170
-80.699880
0.01 acres
Wetland
Section 404
Stream Z
35.383990
-80.69943
280 LF
Non -wetland waters
Section 404
Stream Y
35.384120
-80.69970
140 LF
Non -wetland waters
Section 404
Stream X
35.38413
-80.69977
55 LF
Non -wetland waters
Section 404
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 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 "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: Maps from WEPGfor Crescent Communities
® 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: 1:24000, Kannapolis NC Quad (1969) Fig 6
(09/13/2021)
® Natural Resources Conservation Service Soil Survey. Citation: Cabarrus Co. NC Sheet 1, 1988: Fig 7
(09/13/2021)
®Nationalwetlands inventory map(s). Cite name: NWI Map, Date 09/17/2021, Figure 9
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ® Aerial (Name & Date): Figures, Aerial map Dated 09/13/2021
or ® Other (Name & Date): Bonds -Farm- photo log, Photos 1-13, 08/03/2021 & 08/25/2021
❑ Previous determination(s). File no. and date of response letter:
®Other information (please specify): Figure 8: NRCS Soils Map (07/12/2021) Figure 10 tax parcel mad
(09/13/2021)
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.
e - �*
Signature and date of Reb latory
staff member completing PJD
10/27/2021
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.
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Threatened & Endangered Species ~
Report
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Bonds Farm
Cabarrus County, North Carolina
By: Lisa R. Gaffney
Biologist
Field investigation conducted on October 4, 2021
Charlotte Office: www.wetiands-epg.com
Asheville Office:
10612-D Providence Rd.
1070 Tunnel Rd., Bldg. I
PMB 550
Suite 10, PMB 283
Charlotte, NC 28277
Asheville, NC 28805
(704) 904-2277
I en. ri nd ner@wet Ian ds -epg. co nn
Bonds Farm - Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Bonds Farm Tract 1 site (+/- 30.65 acres) is located east of Interstate 85,
and just west of Pitts School Road NW in Cabarrus County, North Carolina. It
can be found on the Kannapolis NC USGS Topographic Quadrangle Map-,
latitude is 35.3968 ON, longitude is-80.6976 OW. The topography is gently sloped
with the elevation ranging from 670 to 720 ft. The site is composed of active
farmland. (Figures 1-4).
Figure 1:
Q
PROJE IT RO O NA A RI
sTOOY OMITS
ROCKY RIVER Q • lll�JJ
■
J LOCATION ��_ • �• _
Lat: 35.3968 N'
Long-806976 W USGS QUAD T� r!
HUC 03040105 Kannapolis, NC SCALE
ROCKY
1993 1: 24, 000 }•
Acres BONDS FARM TRACT I Prepared for:
+�-30.65 Cabarrus Co_, NC
FIGURE 1
USGS MAP Drawn By: Reviewed By:
12r9/1 Suby-t to U-IACVN CDE4 Verification BLK
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Bonds Farm - Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https:Hecos.fws.gov/ipac/location/FPAYKUZJM5C451 OI PQD3DAM6E I/resources
was referenced to determine the occurrence of Threatened, Endangered and
Protected species for Cabarrus County North Carolina, the results of which are
listed below (Table 1). Maps and aerial photographs were assembled, and the
site was investigated on October 4, 2021.
Table 1: Threatened / Endangered / Protected Species listed for
Cabarrus County
County: Cabarrus, NC
*Source: US Fish & Wildlife Service
**Data search on October 4, 2021
Federal
Group Name Status Record Status
Vascular Schweinitz's sunflower (Helianthus Endangered Current
Plants schweinitzii)
Invertebrate Carolina Heelsplitter (Lasmigona decorata) Endangered Historic
Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected Current
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Bonds Farm - Threatened /Endangered /Protected Species Evaluation
PROTECTED SPECIES DESCRIPTIONS:
One plant species with federal protection is listed as potentially occurring in
Cabarrus County:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and
utility rights -of -way (ROW).
Three animal species with federal protection are listed as potentially occurring in
Cabarrus County:
• Carolina Heelsplitter (Lasmigona decorata), listed as Federally
Endangered, is restricted to cool, clean, well -oxygenated water. Stable,
silt- free stream beds are required for this species. Typically stable areas
occur where the stream banks are well -vegetated with trees and shrubs.
• Northern Long-eared Bat (Myotis septentrionalis), listed as Federally
Threatened. During summer, northern long-eared bats roost singly or in
colonies underneath bark, in cavities, or in crevices of both live and dead
trees. Males and non -reproductive females may also roost in cooler
places, like caves and mines. It has also been found, rarely, roosting in
structures like barns and sheds. Northern long-eared bats spend winter
hibernating in caves and mines, called hibernacula.
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and
Golden Eagle Protection Act, typically inhabits forested areas near large
bodies of open water such as lakes, marshes, seacoasts and rivers,
where there are suitable fish populations and tall trees for nesting and
roosting.
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Bonds Farm - Threatened /Endangered /Protected Species Evaluation
RESULTS:
The site is composed of active farmland. A crop field covers the eastern portion
of the site along Pitts School Road, most recently planted in soybeans (Glycine
max), harvested, and disked to bare soil at the time of evaluation. The remainder
of the site is covered with pasture and hay fields. There is a typical interstate
highway right of way along the boundary with 1-85, with a thin wooded buffer, and
a small overhead utility line along the boundary with Pitts School Road. There
are narrow strips of typical native trees and vegetation along natural drainages
and along the field perimeters. Exposed bedrock and boulders are scattered in
pockets near the northern boundary.
The hayfields and pastures are dominated by forage grasses and common herbs
including Fescue (Festuca spp.), Orchardgrass (Dactylis glomerate), Kentucky
Bluegrass (Poa pratensis), Timothy -grass (Phleum pratense), Johnson Grass
(Sorghum halepense), White Clover (Trifolium repens), and Sorghum (Sorghum
bicolor), Plantain (Plantago sp.), Pigweed (Amaranthus sp.), Boneset
(Eupatorium sp.) and Dogbane (Apocynum cannabinum).
Fencerows and scrubby areas are dominated by Black Cherry (Prunus serotina),
Black Gum (Nyssa sylvatica), Chinese Privet (Ligustrum sinense), Russian Olive
(Elaeagnus angustifolia), Japanese Honeysuckle (Lonicera japonica), Crossvine
(Bignonia capreolata), Trumpet Creeper (Campsis radicans), Muscadine (Vitis
rotundifolia), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans).
Tree species present include Sweetgum (Liquidambar styraciflua), Tulip Poplar
(Liriodendron tulipifera), White Oak (Quercus alba), Post Oak (Q. stellata), Red
Oak (Q. rubra), Southern Red Oak (Q. falcata), Willow Oak (Q. phellos),
Mockernut Hickory (Carya tomentosa), Hackberry (Celtis laevigata), American
Elm (Ulmus americans), White Ash (Fraxinus americans), and Sycamore
(Platanus occidentalis). Smaller tree species present include Flowering
Dogwood (Corpus f/orida), American Holly (Ilex opaca), Winged Elm (Ulmus
alata), Black Cherry (Prunus serotina), and Eastern Red Cedar (Juniperus
virginiana).
The assemblage of plants growing along field edges, tree lines, and roadside
includes Sericea Lespedeza (Lespedeza cuneata), Broomsedge (Andropogon
virginicus), Rabbit Tobacco (Gnapthalium obtusifolium), Split -beard (A.
ternarius), Foxtail (Setaria sp.), Goldenrod (Solidago sp.), and Beggars Ticks
(Desmodium sp.).
WEPG400960
Wetlands and Environmental Planning Group
Bonds Farm - Threatened /Endangered /Protected Species Evaluation
Threatened / Endangered / Protected Species Results
• All potential habitats for Schweinitz's Sunflower along the roadsides, tree
lines and field edges were examined, and the species was not observed.
WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does
not occur on the site.
• There is no suitable habitat on site to support Carolina Heelsplitter. Based
on existing documentation, Carolina Heelsplitter populations have not
been identified within this basin. WEPG concludes Carolina Heelsplitter
(Las0gona decorata) does not occur on the site.
• No habitat exists on the site for Bald Eagles, and there were no sightings
nor were any nesting sites observed. WEPG concludes Bald Eagle
(Haliaeetus /eucocepha/us) does not occur on the site.
• Comparing this site location to the USFWS Asheville office's website
(http-//www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC. htm I)
WEPG concludes the site meets the "exempt" criteria which requires no
further action under section 7 of the Endangered Species Act for the
Northern Long-eared Bat.
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
#
Lisa R. Gaf ney, Biologist
October 11, 2021
on
Wetlands and Environmental Planning Group
Bonds Farm - Threatened /Endangered /Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist/ Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist and
has conducted field work and investigative studies covering thousands of
cumulative acres in both North and South Carolina since 1996, including:
• Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
which led to the purchase of the site by the State of North Carolina Plant
Conservation Program, now called Redlair Preserve. This population has
become a Recovery Site for the species.
• Located and identified numerous previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis nanif/ora).
• Cabarrus County NC Natural Heritage Inventory. Organized, directed,
and conducted field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory. Organized, directed, and
conducted field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 55,000 acres in North and South Carolina, 1996 -
present.
• Participated in numerous Piedmont Prairie restoration projects in both
North and South Carolina.
Wetlands and Environmental Planning Group
7
Leonard S. Rindner, PLLC.
Bonds Farm - Threatened /Endangered /Protected Species Evaluation
Figure 2: VICINITY MAP
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FIGURE 2
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Date Electric Supply
BONDS FARM TRACT 1
Caharrus Co., NC
VICINITY MAP
Subject to US4CE/NCDEQ Verification
Drawn By: I Reviewed By:
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Gold Express 19
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Bonds Farm - Threatened /Endangered /Protected Species Evaluation
Figure 3: AERIAL MAP
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC
Bonds Farm - Threatened /Endangered /Protected Species Evaluation
Figure 4A: NRCS SOIL MAP
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Wetlands and Environmental Planning Group
10
Leonard S. Rindner, PLLC.
Cultural Resources
Report
R.S. Webb & Associates
Cultural Resource Management Consultants
2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319
Holly Springs, Georgia 30142
Phone: 770-345-0706 • Fax: 770-345-0707
December 8, 2021
Mr. Jeff Levi
Leonard S. Rindner, PLLC
Wetlands & Environmental Planning Group
3714 Spokeshave Lane
Matthews, North Carolina 28105
Subject: Findings - Cultural Resources Literature Review
Bonds Farm Industrial Park Tract 1
Concord, Cabarrus County, North Carolina
R.S. Webb & Associates No. 21-649-143
Dear Mr. Levi:
BACKGROUND
During December 2021, R.S. Webb & Associates (RSWA) conducted a cultural resources literature
review for Tract 1 of the proposed Bonds Farm Industrial Park development near Concord, Cabarrus
County, North Carolina. The project area covers approximately 30.7 acres and is located between
Pitts School Road (east) and Interstate 85 (west), approximately 480 meters (m) south of Poplar Tent
Road, in southwestern Cabarrus County (Figure 1).
For this study, a cultural resource is defined as a discrete area of human activity that is at least 50
years old. Cultural resources include, but are not limited to, archeological sites, historic structures,
military earthworks, mines/mining features, historic cemeteries, and historic landscape features. The
purpose of the current study was to determine if previously recorded cultural resources are located
within the project area.
METHODOLOGY
Through the State Historic Preservation Office's (SHPO) HPOWEB database, information was
reviewed regarding National Register of Historic Places (NRHP) properties, Cabarrus County
surveyed -only historic resources, local landmarks, state study -list sites and historic resources
determined by the SHPO to be eligible for the NRHP. The North Carolina Office of State
Archaeology (OSA) provided RSWA with information via email regarding archeological sites within
1.6 kilometers (km) (1.0 mile) of the project area. This information included site forms, location
maps and partial or full reports. Historic county maps were examined online through North Carolina
Maps, a collaboration of the University of North Carolina, the State Archives of North Carolina, and
the Outer Banks History Center. Historic aerial photography and additional historic maps were
accessed through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/, and/or
Alabamamaps.ua. edu.
The following primary sources were found to be useful in searching for historic resources within and
adjacent to the project area:
Findings - Cultural Resources Literature Review, Bonds Farm Industrial Tract 1, Cabarrus County Page 2
December 8, 2021
• 1891 The Official Military Atlas of the Civil War (Davis et al. reprinted, 1983)
• 1910 USDA Cabarrus County Sheet Soil Map
• 1921 Rural Delivery Map of Cabarrus County
• 1938 and 1967 State Highway and Public Works Commission Map of Cabarrus County
• 1949 and 1969 USGS Kannapolis, NC 7.5 minute quadrangle
• 1956, 1965, and 1983 aerial photographs of Cabarrus County
• 1985-2018 Google Earth aerial photography.
RESULTS
Previous Archeological Investigations: OSA records indicate no fewer than six previous cultural
resources investigations within 1.0 km of the study tract, all of which were associated with evolving
transportation facilities located approximately 500 m north and west of the study tract (Figure 1).
Various portions of the Cabarras County/Regional Airport property were surveyed on four or five
separate occasions (Fischer 1978; May 1989, 1990; Reid and O'Neal 2002; Perash and Butler 2020),
and portions of the Poplar Tent Road corridor were surveyed on at least one occasion (Martin 2006).
No cultural resources survey is known to have been performed inside, or within 450 m of, the current
study tract.
Previous Architecturallnvestigations: According to SHPO personnel, the North Carolina HPOWEB
database is the definitive source of architectural survey information for Cabarrus County.
National Register of Historic Places: There are no NRHP-listed historic properties located within
1.0 km of the current study tract.
Cabarrus County Historic Resources: The HPOWEB database indicates that the circa 1852 Poplar
Tent Church building (Resource No. CA0527), located 730 m northeast of the study tract, was added
to the state Study -List in 1980 and determined eligible (DOE) for the NRHP in 2005 (Figure 1).
The database shows five additional surveyed -only historic resources within 1.0 km of the study tract
(Resource Nos. CA0518 and CAI 105-CA1108), four of which are situated within 300 to 550 m to
the north or northeast (Figure 1). Resource No. CA0518 (Reverend John R. Robinson House) was
within the northern part of the study tract (Figure 1). A review of aerial photography suggests that
this resource was present at the recorded location as late as 2004; however, it was no longer present
by 2018. Other recorded historic resources are located more than 300 m from study tract boundaries.
Recorded Archeological Sites: The OSA database identifies four recorded archeological sites within
1.0 km of the project area; the closest of these, 31CAI 94, is located approximately 400 m west of
the study tract (Figure 1). Site 31 CA 194 is a prehistoric artifact scatter that was determined
ineligible for the NRHP after evaluation.
Revolutionary War Actions/Features: There were no recorded Revolutionary War military
engagements in Cabarrus County. After a brief occupation of Charlotte (22 km southwest), British
troops retreated southwest into South Carolina before passing west and north of the project area on
their retreat from the southern colonies. The closest military actions took place in south Iredell
County, more than 20 km northwest of the project area (Lewis 2021).
Findings - Cultural Resources Literature Review, Bonds Farm Industrial Tract 1, Cabarrus County Page 3
December 8, 2021
Civil War Actions/Features: Review of the Civil War military atlas (Davis et al. 1983) revealed that
no Civil War infantry engagements occurred in or near Cabarrus County. Maps indicate that Union
cavalry operated west of the Catawba River (22 km west) and later pursued Confederate President
Jefferson Davis along the railroad as far south as Concord (10 km northeast) before passing north
toward the study tract then west and south to Charlotte. While bivouacking, scouting, raiding, and
foraging could have taken place nearby, there are no recorded indications of Civil War military
actions in or near the study tract (Davis et al. 1983).
Historic Cemeteries: The USGS topographic maps reviewed show one mapped cemetery within 1.0
km of the project area. Poplar Tent Church Cemetery is located approximately 720 m northeast of
the study tract (Figure 1).
Structures and Features on Historic Maps and Aerial Photographs: All 20th century maps reviewed
show Poplar Tent Road to the north, Pitts School Road along the eastern study tract boundary, and
Ivey Cline Road to the west. The 1910 and 1921 maps depict a single building west of Pitts School
Road, apparently in the study tract (Figure 1). The 1938 county highway map, produced only on a
general scale, shows two buildings on the same east -west plane located west of Pitts School Road,
apparently in the study tract (Figure 1). The 1949 USGS topographic map shows a short access road
leading west from Pitts School Road to a single building in the study tract, and additional
development along Pitts School Road south of the project area (Figure 1). The single building on
this map and later ones is at the approximate location of Historic Resource No. CA0518. The
highway map produced in 1967 indicates a dwelling and a large outbuilding in the study tract, and
additional development along Pitts School Road south of the study tract. The 1969 USGS
topographic map illustrates the Interstate 85 corridor passing between Pitts School Road and Ivey
Cline Road, along the western study tract boundary, and it shows additional developments along Pitts
School Road north and south of the study tract (Figure 1); this map shows no other features in or
near the study tract.
Aerial photography dating to the period 1956 through 1983 shows a road passing west from Pitts
School Road to a cluster of several buildings (i.e., a farmstead) located in the northern part of the
study tract at or near the location of Historic Resource No. CA0518. The area near the building
cluster and to its south (the middle part of the study tract) became increasingly wooded while the
remainder of the study tract was in cultivation through 1965; it was in pasture by 1983. Occupation
of the farmstead in the study tract appears to have ceased by 1983, and the occupation site remained
in woods while the rest of the study tract was in pasture through 2018. The recorded dwelling in the
north part of the study tract appeared abandoned but present in aerial photographs from 1983 through
2004; however the dwelling did it not appear on aerial photographs dating from 2018 forward.
CONCLUSIONS
There are no NRHP-listed properties, determined -eligible properties, study -listed resources,
designated local landmarks, cemeteries, or recorded archeological sites located within the study tract.
Historic maps and aerial photographs suggest that the surveyed -only Reverend John R. Robinson
House (Resource No. CA0518) was part of a large agricultural operation active in the study tract
throughout the first half of the 20' century; it fell into decline after 1965. By 2018, aerial
photography shows that the Robinson House was no longer present.
Findings - Cultural Resources Literature Review, Bonds Farm Industrial Tract 1, Cabarrus County Page 4
December 8, 2021
CLOSING COMMENTS
Mr. Levi, we appreciate the opportunity to work with you on this project. If you have any questions
or comments, please contact me at 770-345-0706.
Sincerely,
R.S. WEB & ASSOCIATES
Robert S. (Steve) Webb
President and Senior Principal Archeologist
Attachment: Figure 1
REFERENCES
Davis, G.B., L. J. Perry and J. W. Kirkley, compiled by C. D. Cowles
1983 Atlas to Accompany the Official Records of the Union and Confederate Armies.
Reprint of the 1891-1895 edition. The Fairfax Press, New York.
Fischer, F.W.
1978 Archeological ImpactAssessment: Cabarrus CountyAirport, Cabarrus County, North
Carolina. University of North Carolina at Charlotte. Charlotte, North Carolina.
Lewis, J.D.
2021 The American Revolution in North Carolina. Internet -Online. Found at:
http://www.carolana.comNC/Revolution/home.html. Accessed December 2021.
Martin, T.
2006Archaeological Survey and Evaluation forProposed Improvements to SR 1394 (Poplar
Tent Road) From SR 1445 to U.S.291601 Bypass (TIP U-3415), Cabarrus County,
North Carolina. TRC Garrow and Associates, Inc. Chapel Hill, North Carolina.
May, J.A.
1989 An Archaeological Reconnaissance of the Proposed Cabarrus County Airport, Poplar
Tent Site, Cabarrus County, North Carolina. J. Alan May. Gastonia, North
Carolina.
1990 An Archaeological Reconnaissance of the Proposed Cabarrus County Airport, Poplar
Tent Site, Cabarrus County, North Carolina. J. Alan May. Gastonia, North
Carolina.
Perash, R.M. and S. Butler
2020 Phase I Archaeological Resources Survey for Concord -Padgett Regional Airport
Obstruction Removal Project. Brockington and Associates, Inc. Atlanta, Georgia.
Reid, D. and M.K. O'Neal
2002 Cultural Resources Evaluation of Concord Regional Airport Improvements, Cabarrus
County, North Carolina. Brockington and Associates, Inc. Atlanta, Georgia.
A Structure on Historic Maps and Aerials "' Road on Historic Maps and Aerials
0 Recorded Historic Resource
Map Reference: 7.5-Minute USGS Quadrangles
Kannapolis (1993), NC
Previous Cultural Resource Project
Scale
0 457 meters
0 1500 feet
Figure 1 Project Area, Previous Projects and Cultural Resources Location Map