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HomeMy WebLinkAbout20201527 Ver 2_ePCN Application_20220330DWR Divi.h. M Wm- R�.... 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 Ch-g. nly,f n..d.d BIMS # Assigned* 20201527 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 1 a. Name of project: Bakers Creek la. Who is the Primary Contact?* Heath Caldwell I b. Primary Contact Email: * heath. caldwell@wetlands-epg.com Date Submitted 3/30/2022 Nearest Body of Water Irish Buffalo Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.5189 A. Processing Information County (or Counties) where the project is located: Rowan Is this a NCDMS Project Yes No Longitude: -80.6209 Is this project a public transportation project?* Yes No 1 a. 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#* 2 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Doug Perez:eads\djperez 1 c. Primary Contact Phone:* (704)999-5279 Has this PCN previously been submitted?* Yes No Please provide the date of the previous submission.* 3/l/2021 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 14 - Linear transportation 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: The Meadows Development Group 2b. Deed book and page no.: 1053-306 2c. Contact Person: Anthony Hahn 2d. Address Street Address 5411 Village Drive NW Address Line 2 City Concord Postal / Zip Code 28027 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (704)999-5279 2f. Fax Number: 2g. Email Address:* heath.caldweII@wetlands-epg.com 3. Applicant Information (if different from owner) 3a. Name: Casey Werner 3b. Business Name: Suncrest RealOp 3c. Address Street Address E Cannelback Road Address Line 2 Suite 108 City Phoenix Postal / Zip Code 85016 3d. Telephone Number: (630)363-6401 3f. Email Address: ewerner@suncrestreal.com 4. Agent/Consultant (if applicable) 4a. Name: Heath Caldwell 4b. Business Name: Wetlands & Environmental Planning Group, PLLC 4c. Address Street Address 10612-D Providence Road Address Line 2 PMB 550 City Charlotte Postal I Zip Code 28277 4d. Telephone Number: (704)999-5279 4f. Email Address:* heath.caldwell@wetlands-epg.com C. Project Information and Prior Project History 1. Project Information State / Provinm / Region AZ Country USA 3e. Fax Number State / Province / Region NC Country USA 4e. Fax Number: 1 b. Subdivision name: (if appropriate) 1 c. Nearest municipality/ town: Kannapolis -2. Project Identification 2a. Property Identification Number: 154081,154080, 154051,160153,159336,159023A, 159006, 2b. Property size: 159314,159005, 159011,159010, 159301 106 2c. Project Address Street Address Address Line 2 City State / Province / Region Postal I Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Irish Buffalo Creek 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. 030401050203 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site is located just west of N. Main Street and just south of W 21 st Street in Kannapolis, Rowan County, NC. The topography is gently to moderately sloped. The elevation ranges from 740 to 810 ft. The site is a timbered woodlands in a successional state covered with dense vegetation, old dirt roads, and is highly disturbed throughout. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* - Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2019-02291 DWR# 20-1527 4f. List the total estimated acreage of all existing wetlands on the property: 0.015 4g. List the total estimated linear feet of all existing streams on the property: 5315 4h. Explain the purpose of the proposed project: * Nationwide Permit request for a residential development. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, 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-2019-02291 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson 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 This site was verified by C. Janiczak (USACE) on 12/11 /19. A copy of the signed JD approval is included in the Previous Approvals section. 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. This application needs to be reverified under a new NWP because the impacts cannot be installed prior to the expiration of the pervious permit. 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? N/A D. Proposed Impacts Inventory 1. Impacts Summary 1 a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts 3a. Reason for impac�_� 3c. Type of impact* ff. n7ame* 30. Stream Type* [3f. Type of 3h.gi D Jurisdiction* len 9 Road Crossing Culvert Stream A Corps � S2 ] � Road Crossing Stabilization Stream A Corps Et= T�] Culvert J Stream A Corps 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 150 31. Total stream and ditch impacts: 178 31. Total temporary stream impacts: 28 3j. Comments: S2-20LF of rip rap will be installed at existing streambed elevations on the downstream side of the proposed culvert and will not qualify as a loss to Waters of the US. S3-Temporary crossing for construction access E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. As shown on the attached exhibits, the proposed lots are arranged to efficiently utilize open space and limit impacts to onsite surface waters. Crossings are placed where they would have the smallest impact footprint. Headwalls are implemented to minimize impacts. Resubmittal of this permit is for a temporary stream crossing and because previously permitted impacts cannot be installed in time under the previous verification. 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 ofisite receiving conveyances. The proposed rip rap apron has been sized to mitigate anticipated erosive velocities. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Due to limited site impacts, no mitigation is proposed. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPIDES 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 11 NSW USIVIP Water Supply Please identify which local government stormwater program you are using. City of Kannapolis Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to City of Kannapolis but will be designed to meet their criteria. G. Supplementary Information 1. Environmental Documentation la. 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 (1 5A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (1 5A 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 additional phases proposed. 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 Unknown 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 constructionfl nstal lation of a wind turbine(s)?* Yes No 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. Habitat may occur for the Northern long-eared bat but the project is exempt as described in the attached T&E report. 6. Essential Fish Habitat (Corps Requirement) 6a. Wi I I 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 essential habitat 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?* SHPO's website: hftps://nc.maps.arcgis.com/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-clesignated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEIVIA requirements: Any fill within the floodplain proposed as part of this project will be designed to meet any requirements of a floodplain development permit as determined by the City of Kannapolis and/or FEMA. 8c. What source(s) did you use to make the floodplain cletermirl www.fema.gov hftps://rowan2.connectgis.com/Map.aspx Miscellaneous 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 Bakers Creek PCN Resubmittal.pdf 8.98MB File must be PDF or KMZ Comments A complete PCN package is attached. 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 oftime. have given true, accurate, and complete information on this form; 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: Heath Caldwell Signature Date 3/30/2022 WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2019 - 02291 BEGIN DATE [Received Date]: Prepare file folder F-1 1. Project Name [PCN Form A2a]: Bakers Creek 2. Work Type: Private Z Institutional 1:1 3. Project Description / Purpose [PCN Form 133d and 133e]: Assign Action ID Number in ORMFI GovernmentFl Commercial 1:1 Resubmittal of Nationwide Permit 14 request for a Residential Development. 4. Property Owner /Applicant [PCN Form A3 orA4]: Suncrest Real Estate Group 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: WEPG, PLLC c/o Heath Caldwell 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.5189 N, -80.6209 W/ Forbes Rd, NC 8. Project Location -Tax Parcel ID [PCN Form 131a]: 154081,154080, 154051,160153,159336,159023A, 159006, 159314,159005, 159011,159010, 159301 9. Project Location — County [PCN Form A2b]: Rowan 10. Project Location — Nearest Municipality or Town [PCN Form A2cl: Kannapolis 11. Project Information — Nearest Waterbody [PCN Form 132a]: Irish Buffalo Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Rocky/03040105 Authorization: Section 10 F-1 Section 404 Z Section 10 & 404 F-1 Regulatory Action Type: D Standard Permit Ld Nationwide Permit # 14 F_� Regional General Permit # F_� Jurisdictional Determination Request Pre -Application Request Unauthorized Activity compliance F—] No Permit Required Oa I Me Wks] 111411160% Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. March 30,2022 Ms. Jean Gibby U.S. Army Corps of Engineers Wilmington District 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Mr. Alan Johnson NCDENR Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wcjoski NCDENR Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Harnstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subiect: (SAW-2019-02291) Pre -Construction Notification for NWP #14 for the Bakers Creek, Kannavolis, Rowan County, NC Ms. Gibby and Messrs. Johnson, Wcjoski, and Hamstead, Enclosed is a request for Nationwide Permit 914 for the with the proposed Bakers Creek site on +/-106 acres in Kannapolis, Rowan County, NC. The site is a proposed residential development and consists of five streams and two wetland areas. Total linear feet of stream and acreage of wetlands onsite are approximately 5,315 and 0.015, respectively. A Preliminary Jurisdictional Determination Request was submitted and was authorized by the USACE in December 2019. A NWP 14 request was authorized in January 2021 and reverified in February 2022 due to additional impacts. Please refer to the Prior Approvals section for the referenced Jurisdictional Determination and 401/404 approvals. As shown on the attached exhibits, the proposed project will include permanent impacts to one stream for road crossing access and temporary impacts to the same stream for a temporary culvert. Total permanent impacts proposed include 150 linear feet of impact to Streams A. 20 Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, INIC 28277 (704) 904-2277 lcn.rindner@wetlands-epg.com www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. linear feet of this impact is rip rap that will be installed at pre-existing elevations as a no -loss impact. This access crossing is necessary due to City connectivity requirements as well as constraints from existing sewer line infrastructure and onsite stream buffers. This application needs to be reverified under a new NWP because the impacts cannot be installed prior to the expiration of the pervious permit. Impacts to site surface waters associated with the proposed development were limited through site selection location, design, and the location/orientation of the proposed lots and access routes. Headwalls are proposed at the crossing and, where possible, 2:1 slopes or better will be implemented to limit impacts to site surface waters. The applicant has demonstrated substantial avoidance and minimization efforts in which all onsite wetlands and 97% of onsite streams will be avoided. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (704) 999-5279 or email at heath. caldwellkwetlands-epg. com. Sincerely, 6aww Heath Caldwell Environmental Scientist Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 lcn.rindner@wetlands-epg.com www.wetiands-epg.com 2 Len Rindner, PWS Principal Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 C 0 4-J L. (1) CL Permit Application \NA T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: Section 404 Permit E] Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? E] Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): E9 401 Water Quality Certification — Regular E] Non-404 Jurisdictional General Permit F1 401 Water Quality Certification — Express F] Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: E] Yes Z No For the record only for Corps Permit: 0 Yes Z No 1 f. 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. E] Yes Z No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. E] Yes Z No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: Bakers Creek 2b. County: Rowan 2c. Nearest municipality / town: Kannapolis 2d. Subdivision name: 2e. NCDOT only, T. 1. P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Anthony Hahn 3b. Deed Book and Page No. 1053/306 3c. Responsible Party (for LLC if applicable): The Meadows Development Group 3d. Street address: 5411 Village Dr NW 3e. City, state, zip: Concord, NC 28027 3f. Telephone no.: (602)698-8655 3g. Fax no.: 3h. Email address: n/a Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: E] Agent Z Other, specify: Developer 4b. Name: Casey Werner 4c. Business name (if applicable): Suncrest RealOp 4d. Street address: 2701 E Camelback Road, Suite 108 4e. City, state, zip: Phoenix, AZ 85016 4f. Telephone no.: (630)363-6401 4g. Fax no.: 4h. Email address: cwerner(gsuncrestreal.com 5. Agent/Consultant Information (if applicable) 5a. Name: Heath Caldwell 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: (704)999-5279 5f. Fax no.: 5g. Email address: heath. ca Idwe I l@wetla nds-epg. cc m Page 2 of 10 B. Project Information and Prior Project History 1 . Property Identification 1 a. Property identification no. (tax PIN or parcel ID): see attached parcel map 1 b. Site coordinates (in decimal degrees): I Latitude: 35.5189 Longitude: -80.6209 1 c. Property size: 106 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Irish Buffalo Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Rocky/03040105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is located just west of N. Main Street and just south of W 21 st Street in Kannapolis, Rowan County, NC. The topography is gently to moderately sloped. The elevation ranges from 740 to 810 ft. The site is a timbered woodlands in a successional state covered with dense vegetation, old dirt roads, and is highly disturbed throughout. 3b. List the total estimated acreage of all existing wetlands on the property: 0.015 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,315 3d. Explain the purpose of the proposed project: Nationwide Permit request for a residential development. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property project (including all prior phases) in the past? ED Yes E] No El unknown Comments: SAW-2019-02291 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary E] Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This site was verified by C. Janiczak (USACE) on 12/11/19. A copy of the signed JD approval is included in the Previous Approvals section. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Z Yes E] No E] Unknown 5b. If yes, explain in detail according to "help file" instructions. This application needs to be reverified under a new NWP because the impacts cannot be installed prior to the expiration of the pervious permit. 6. Future Project Plans 6a. Is this a phased project? El Yes Z No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): M Wetlands Streams — tributaries E] Buffers El open Waters El Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W11 Choose one Choose one Yes/No - W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetiand Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert Stream A PER Corps 6 130 S2 P Stabilization Stream A PER Corps 6 20 S3 T Culvert Stream A PER Co rps 6 28 S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 178 3i. Comments: S2-20LF of rip rap will be installed at existing streambed elevations on the downstream side of the proposed culvert and will not qualify as a loss to Waters of the US. S3-Temporary crossing for construction access Page 4 of 10 PCINI Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Pi Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? F] Yes E] No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, t en you MUST fill out Section D of this form. 6a. Project is in which protected basin? Neuse Tar -Pamlico F] Catawba E] Randleman F] Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 es/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. As shown on the attached exhibits, the proposed lots are arranged to efficiently utilize open space and limit impacts to onsite surface waters. Crossings are placed where they would have the smallest impact footprint. Headwalls are implemented to minimize impacts. Resubmittal of this permit is for a temporary stream crossing and because previously permitted impacts cannot be installed in time under the previous verification. 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. The proposed rip rap apron has been sized to mitigate anticipated erosive velocities. 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? E] Yes Z No 2b. If yes, mitigation is required by (check all that apply): El DWQ El corps 2c. If yes, which mitigation option will be used for this project? El Mitigation bank El Payment to in -lieu fee program El Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. El Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires E] Yes No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified E] Yes FX1 No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Yes E] No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 30% 2b. Does this project require a Stormwater Management Plan? Z Yes El No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to City of Kannapolis but will be designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Kannapolis 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Kannapolis 0 Phase 11 El NSW 3b. Which of the following local ly-i m plemented stormwater management programs El USMP apply (check all that apply): E] Water Supply Watershed E] Other: 3c. Has the approved Stormwater Management Plan with proof of approval been E]Yes Z No attached? 4. DWQ Stormwater Program Review E]Coastal counties EIHQW 4a. Which of the following state -implemented stormwater management programs apply E]ORW (check all that apply): E]Session Law 2006-246 E]Other: 4b. Has the approved Stormwater Management Plan with proof of approval been E] Yes FX1 No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? E] Yes E] No 5b. Have all of the 401 Unit submittal requirements been met? E] Yes E] No Page 8 of 10 PCINI Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the El Yes No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State E]Yes No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval Yes No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (11 5A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, []Yes No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? F]Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in OYes Z No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No additional phases proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act El Yes Eg No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is exempt as described in the attached T&E report. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? E] Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential habitat 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 E] Yes Eg No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: Any fill within the floodplain proposed as part of this project will be designed to meet any requirements of a floodplain development permit as determined by the City of Kannapolis and/or FEMA. 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://rowan2.connectgis.com/Map.aspx Heath Caldwell 03-30-2022 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. A2ent Authorization Letter The purpose of this form is to authonize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Proj ect/Site Name: Suncrest Kannapolis /Bakers Creek site Property Address: SW ofIntersection of W 21st Street& N Main Street, Kannapolis, NC Parcel Identification Number (PIN) : numerous parcels -please refer to tax parcel map Select one: I am other Name: Casey Werner Company: Suncrest RealOp Mailing Address: 2701 E Camelback Road; Suite 180, Phoenix, AZ 85016 Telephone Number: 6303636401 Electronic Mail Address: cwerner*suncrestreal.com 11/13/19 O�v ner / Jnterested Buyer* / Other* Date * The Interested Buyerl0ther acknowledges that an agreement andlorformal contract to purchase andlor conduct due diligence activities exists between the currentproperty owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PM B 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904-2277 len.rindnergwetiands-epg.com jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION' 4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing ajurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: 7 Owner E]Authorized Agent5 1V0Ve-,V,b-e-- /3 1 Z019 Date -1-51�7 A 61, E. REASON FOR JD REQUEST: (Check as many as applicable) F� I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. F-1 I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid al1jurisdictional aquatic resources under Corps authority. ZI intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts tojurisdictional aquatic resources and as an initial step in a future permitting process. F-1 I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. F-J I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. n A Corps JD is required in order obtain my local/state authorization. F� I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. F-1 I believe that the site may be comprised entirely of dry land. R Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. ' Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 V) C: 05 V) r) 05 10 Maps/Plans (> Ljr, 91AV epW-1 N Main St 0 *W V) < CL Glendale Ave aAV ;�IVA R-] t 2 c -C ,5 'tr co 11 �I WA 2D C [a] cu 53 14�1 (13 Linda Ave 0 a) CO IZ- E- 0 Z. Z c cl 0 0 LU LU F- z L: 0 CL 0 L) LLI Z LLI OL 0 u C) U 03 m LLI F LL, > a 0 0 ls� 4) NC c -lie co 05 OP cr 0, M m co M c: M LLI > D 2 c LL - ttort- p U) 17 Ar. 12 vs c CL jk� 4r� qk 4k P so 4L .,b 71 IR PROJECT BOUNDARY STUDY LIMITS OP %A Map Unit Symbol Map Unit Name Acma In AO# Permuk of A01 ApB Appling sandly loam. 2 to 6 6LO 5L5% percent slopes CfEl Cecd-Urban land complex, 2 to 2-4 2-2% 8 percent slopes ChA Chewacla loam, 0 to 2 percent 6.7 6.1% s"s, frequently Ilooded PaD Pacolet sandy loam. 15 to 25 B-5 7-7% percent slopes PcI32 Pacolet sandy clay loam. 2 to 8 40L 1 36L6% percent slopes. moderalety eroded PcC2 Pacollet sandy clay loam, 8 to 41-9 38-2% 15 percent slopes. moderately eroded ScE12 Saw-Pacolet wrnptex- 2 to 8 2-5 2L3% percent slopes, moderately eroded Uf Urban land 0-9 0-8% VnB2 Vance sancry clay loam. 2 to 8 0.6 0.5% percent slopes. moderately eroded Totals for Area of Interest 109.61 100.0%1 Acres: BAKERS CREEK Prepared for: +/-106 Rowan Co., NC SUNCREST REAL ESTATE GROUP FIGURE NRCS PUBLISHED SOILS 3 Drawn By: Reviewed By: 6127119 I I Subject to USACEINCDEQ verification BLK LSR a r Ord i ca Lu 7 RZ 71- uj Ink, z z ca Co co r cL LU % to 414 �id u CL LU Z LU 0 u t Lu > US Lu 0 �Id A = " < o u Cf (D co r LL 4 C r— In 0 LU 00 ILnu C-11 o4 zi Ln 0 4e 4o, 0 4F Ln + Q) 00) 2 00 r" :0 o i Ln 0 0 rn I rn 1 0 Ln oo 0 P. u LU C: D o = D Lm LL J1 I Iz C)) D 0 �L L�- 0 (D 0 3: In z c-, 0 a) 0 a) 0 w In a) Ln Ln �L �� < -�:� 0 u Ln — 0 &j o < = w > < = w C:) ... a) 2 D- U Ln 0 rn < co r14 0 0 z a) 0 Ln 0 Ln < < a- w 0 w 0 2 - u w 2 - u w w = > = w > < 0 Lu v) > __j Lu _j u Ln > m z < a) 0 Lu < z 0 < a- D 0 L: 0 ca CL D o ID k7- 0 Ln c:) z zt o w Ln o z < CL w 0 o o w 2 - u w < CL w > < w 0 wu -W = > < w ,j D 0 u CL Cr LU z LLI Ly Q z 0 o 0 u Uj < -L] 0 LU L) o CL = = > < o O-o 0 Z�, "D 0, 000 z - L) Zt z - 0 0 < Ln 0 , :� - CL D + Q) < a- = 0 5; 0 0 L) L) z < 0 V) C:) 3: z cL Ln L) Zt 0 Ln 0 < cL - 0 LLI < cL D LM I I I �� -.-- Uv VVV61.:zo:1.1` zzo�://I./Co NOISIAloans m3w smgmve LL U1w11GJd 0 1191HX3 13VdWI dS3 SNowaNOO ONIISIX3 IN I Id "1111) z, Sdi SiN39ON H 31 �IVN zq z, A z ww" L5q El :Z7- 'j �� NIN VNV �o lg�N, aid w��2y. i!,,od g9zi. 8 VNVH z wz-- z-, a Od 3LL 8 z �jviiyN a r , k" z. 1 11 ;� - 5M z- u I ozoz ast (11 V) z 5 A zw. o NV '33LM (INF sa IN Ri o -z E.: F d1­111 k��, wwg z� IZOZ 09L (lid 9 Od Mi. 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LU LU LL M/C:Z04� zzo�://Vco NOISIAI(Igns m3No sm3mvs LL 9 1191HX3 I - dd Jeulw -ASI(JA . !IGJd V V dl�\ A X, Lu LU LL V) Previous Approvals U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02291 County: Rowan U.S.G.S. Quad: NG China Grove NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Suncreast Real0t) Casey Werner Address: 2701 E. Camelback Road, Suite 180 Phoenix, AZ 85016 Telephone Number: 630-363-6401 E-mail: cwerner(&suncrestreal.com Size (acres) 105.91 Nearest Town Kannapolis Nearest Waterway Irish Buffalo Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.5189 Longitude: -80.6209 Location description: The review area is located 1000 feet West of the intersection of Plaza Avenue and West 17th Street in Rowan Countv. VIN(s): 154081. 160242. 160020. 160153. 154081. 159301. 159006. 159314. 159005. 15900. 159023A. 159336. 154050,154051. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 7/30/2019. Therefore this preliminary jurisdiction determination may be used in the pertnit evaluation process, including deterniming compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 33 1). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. F-1 There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable perniit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination F-1 There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. F-1 There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. F-1 We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-02291 F-1 The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. F-1 The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this detennination may be relied upon for a period not to exceed five years from the date of this notification. F-1 There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. F-1 The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding diis determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or Catherine.M.Janiczak(&,usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary iurisdictional determination form dated 12/11/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/deternimation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyouobjecttothis detennination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 1. Enclosed you win find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Date of JD: 12/11/2019 Expiration Date of JD: Not at) plicable SAW-2019-02291 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: WEPG Daniel Kuefler Address: 10612-D Providence Road, PMB 550 Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kuefler(a)wetlands-et)l!.com U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02291 County: RowanU.S.G.S. Quad: NC-Kannapofis GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: SuncrestRealOLI Casey Werner Address: 2701 E CamelbackRoad Suite 108 Phoenix, AZ 85016 Telephone Number: (630)363-6401 E-mail: cwernerksuncrestreal.com Size (acres) 106 Nearest Town Beech Bluff NearestWaterway South Fork Forked Deer River RiverBasin Hatchic-Obion USGS HUC 08010205 Coordinates Latitude: 35.5189 Longitude: -80.6209 Location description: Projectis located Westof N. Main Street and South of W 21st Strectin Kannapolis, Rowan Coup1Y, North Carolina. It can be identified bv PIN(s): 154081.154080.154051.160153.159336.159023A. 159006.159314.159005. 159011,159010,159301 Description of projects area and activity: This verification authorizes: The perm anent im pacts of 130 Linear Feet to Perennial Stream A for a Culvert The perm anent impacts of 25 Linear Feet to Perennial Stream A for Bank Stabilization for a Road Crossing Applicable Law(s): N Section 404 (Clean WaterAct, 33 USC 1344) El Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 14. Linear Transportation Projects SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated L2/29/2020, and the enclosed plans Bakers Creek Subdivision dated 11/2/2020. Any violation of the attached conditions or deviation fromyour submitted plans may subject the permittee to a stop workorder, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will rem a in valid untilthe expirationdate identified belowunless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or ism odified, suchthatthe activity vvuuld no longer comply with the terms and conditions of the nationwide permit, a ctivitic s which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification orrevocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-63 00) to determine Section 401 requirements. For a ctivitic so ccurrin g within the twenty coastal co untie s subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (2 5 2) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any ofthe conditionsofthe Permit, orthe Corpsof Engineers regulatory program, please contact Krysloka B Siygar at252-545-0507or kr3:Lt3mka.b.aagarkUsaceannv.mil. Corps Regulatory Official: --Date: 2/10/2022 ExpirationDateofVerification: 03/18/2022 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 Environmental Planning GroMp Heath Caldwell Address: 10612-D Providence Road, PMB 550 Charlotte, NC 2827 Telephone Number: (704)999-5279 E-mail: heath.caldwelEa.wetlands-ej)g.co Property Owner: The Meadows Development Gro pj) AnthonyHahn Address: 54 It Village Drive NW Concord, NC 2802 Telephone Number: (602)698-8655 E-mail: heath.caldwellLa wetlands-el2g.co Action ID Number: SAW-2019-02291 County: Rowan Permittee: Suncrest RealOp, Casey Werner Project Name: Sunset Real Estate Group: Bakers Creek Date Verification Issued: 2/10/2022 Project Manager: Krystynka B Stygar Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Krystynka B Stygar Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or krystynka.b.stygar*usace.army.miI Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 26, 2021 DWR# 20-1527 Cabarrus County Mr. Casey Werner Suncrest RealOp 2701 E Camelback Rd., Ste 108 Phoenix, AZ 85016 Delivered via email to heath. caldwellLy wedands-epg. com Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Bakers Creek Development Dear Mr. Werner: You have our approval for the impacts listed below for the purpose described in your application submitted to the Division of Water Resources (Division) December 29, 2020, and payment received on December 30, 2020, with subsequent information submitted on February 26, 2021. The Division has determined that the proposed project and impact will comply with water quality requirements covered by the attached Water Quality General Certification Number 4135 and the conditions listed below, provided that you adhere to the certification located at https://deq.nc.ciov/about/divisions/water-resources/water-quality-Permittinc j/401 -buffer-permittincl- branch/general and the conditions listed below. This certification is associated with the use of General Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [1 5A NCAC 02H .0506(b)] Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 0 linear ft. 154 linear ft. Wetland 0 acre 0 acre This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [1 5A NCAC 02H .0507(d)(2)] If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Mooresville Regional Office within 24 hours 01-0- C;;��ri_3A North Carolina Department of Environmental Quality I Division of Water Resources E Q Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 i1v 0­�O't ar F'wm­ta� Q"I 704k63.1699 (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [1 5A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional conditions: 1. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. [1 5A NCAC 02H .0506 (b)(3) and (c)(3)] Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum reduction of erosion on areas not related to ongoing construction, shortens basin holding times, increases turbidity of discharge and creates a greater potential of bypass discharge. 2. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. [1 5A NCAC 02H .0506 (b)(1) andl 5A NCAC 02H .502 (c)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. Updated designs shall be submitted to the Mooresville Region for review/approval prior to construction. [1 5A NCAC 02B .0203] Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at nttp://www.ncoan.cc), or by calling the OAH Clerk's Office at (919) 431-3000 One (1) copy of the petition must also be served on DEQ as follows: Mr. Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699. Sincerely, CDocuSigned by: A444tW H P441ft for F161FB69A2D84A3 W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Krysta Stygar, Army Corps of Engineers, Charlotte, email Len Rindner, WPEG, email DWR 401 & Buffer Permitting Branch file MRO, Land Quality 4-J 0 rVOO ro _0 C: LU 6- no 4-j ro Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Baker's Creek - Suncrest Rowan County, North Carolina By: Lisa R. Gaffney October 26, 2020 Charlotte Office: www.wetiands-epg.com Asheville Office-. 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10. PMB 283 Charlotte, INIC 28277 Asheville, INIC 28805 (704) 904-2277 len.rindner(?Dwetlands-epg.com Baker's Creek — Suncrest- Threatened / Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Baker's Creek site (+/- 105.9 acres) is located just west of N. Main Street, and just south of W. 21s' Street in Kannapolis, Rowan County, North Carolina. It can be found on the China Grove, NC USGS Topographic Quadrangle Map-, latitude is 35.5189 N, longitude is -80.6209 W. The topography is gently to moderately sloped. The elevation ranges from 740 to 810 ft. (Figure 1). There is a southwesterly flowing stream located centrally through the site, and two others along the western and southeastern perimeters. The site is a timbered woodlands in a successional state covered with dense vegetation, old dirt roads, and is highly disturbed throughout. Figure 1: n A "J zbi? OC6 A W WO PROJECT BOUNDARY r STU DY UMITS _Z_ _77 Re al A- i Jll UFFALO CREEK LOCATION N - ------ ij LDt: 35.5189 N SCALE N, .40 le 41water Long: -00.6209 W 1: 24,000 HUC: 03040105 ACRES USGS QUAD ROCKY 105.91 China GrDVe 77 Q_ A� ......... ------ A,. 11 � I , � Acres SUNCREST KANNAPOLIS Prepare d for FIGURE 1 +/-105.91 Rowan Co., NC --d S_ Pj dn,, 'LLC USGS MAP Dr—n By: R,,i—,d By: cn­d­�i�­J­k-cpg­ 06/27/19 S,bj,,t t� USA CEIN CD EQ ­�f­te- BLK LSR (704) 904-22T7 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC Baker's Creek — Suncrest- Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website https://www.fws.gov/raleigh/species/cntylist/nc counties.html was referenced to determine the occurrence of Threatened, Endangered and Protected species for Rowan County, North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the weeks of March 2, 2020 and October 19, 2020. Table 1: Threatened / Endangered / Protected Species listed for Rowan County, NC County: Rowan, NC *Source: US Fish & Wildlife Service **Data search on March 2, 2020; ***Updated October 19, 2020 Federal Group Name Status Record Status Vascular Schweinitz's sunflower (Helianthus Endangered Current Plants schweinitzji) 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. Baker's Creek — Suncrest- Threatened / Endangered / Protected Species Evaluation SPECIES DESCRIPTIONS: One plant species with federal protection is listed as potentially occurring in Rowan 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). Two animal species with federal protection are listed as potentially occurring in Rowan County: Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non -reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. RESULTS: The site is a timbered woodland in a successional state covered with dense vegetation, old dirt roads, and is highly disturbed throughout. There is a southwesterly flowing stream located centrally, and two others along the western and southeastern perimeters of the site. The only mature trees on site are in strip buffers along the boundaries and stream corridors. Species composition includes White Oak (Quercus alba), Post Oak (Q. stellata), Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Short -leaf Pine (Pinus echinata), Mockernut Hickory (Carya tomentosa), Sweetgum (Liquidambar styraciflua), Tulip Poplar (Lifiodendron tulipifera), Hackberry (Celtis laevigata), and Green Ash (Fraxinus pennsylvanica). The rest of the site is covered with a sucessional scrub/shrub community composed of pine and hardwood saplings and young trees, and blackberry and woody vine thickets. Dominant species present include Winged Elm, (Ulmus alata), Honey Locust (Gleditsia triacanthhos), Sweetgum, Shortleaf Pine, Virginia WEPG400556 4 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC Baker's Creek — Suncrest- Threatened / Endangered / Protected Species Evaluation Pine (Pinus virginiana), Red Cedar (Juniperus virginiana), Black Cherry (Prunus serotina), Persimmon (Diospyros virginiana), Blackberry (Rubus sp.), Russian Olive (Elaeagnus umbellata), Groundsel (Baccharis halimifolia), Japanese Honeysuckle (Lonicerajaponica), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). The assemblage of plants growing in transitional edge habitat includes Goldenrod (Solidago sp.), Fire Weed (Efichfites hieraciifolius), Broomsedge (Andropogon virginicus), Splitbeard (A. temarius), and Wingstem (Verbesina sp.). Threatened & Endangered/Protected Species Results Potential habitat for Schweinitz's Sunflower was examined, and the species was not found. No suitable nesting habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htmls/promect review/NLEB in WNC.html) it appears that the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist October 26, 2020 Wetlands and Environmental Planning Group Baker's Creek — Suncrest- Threatened / Endangered / Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologistl Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: Cabarrus County NC Natural Heritage Inventory. 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. 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 naniflora). Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina. on Wetlands and Environmental Planning Group Baker's Creek — Suncrest- Threatened / Endangered / Protected Species Evaluation Figure 2: VICINITY MAP M Un4a Ave CL 0) N Main St 0 �O 0 :j CO Plaza Ave r LL- 4) C. Z M CL CO Glendale Ave Vi aAV 0119A .9 0 Z O-Z C: OL C) EA Q Pw s-Im. 46!if 0 0 L) Z Z C W t; E Z &40,j,,VUjO8 0 0 Z kA IS' LL CZ he (> 14 M Z IV E Qb cl 0 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC Baker's Creek — Suncrest- Threatened / Endangered / Protected Species Evaluation Figure 3: USGS MAP oil 7�. ..Trw r P 4.) it 0 z 6 I aj D Cr z :3 U LL 0- u x� ZD e2 J."/ LLj :D En CD ILLI M .4 'in eq U cD Ire 7 + 0 ID - w Lo . ZD m 71, c9 co 0 th U m L m E _j '14 i L Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Baker's Creek — Suncrest- Threatened / Endangered / Protected Species Evaluation Figure 4: AERIAL MAP Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Baker's Creek — Suncrest- Threatened / Endangered / Protected Species Evaluation Figure 5: NRCS SOIL MAP on JI, 17k N6 L -in - I P ROJE CT 80 U N DARY STVDY LIMrrS A rr 0 7M. Map Unpi Symbol Map Unit Narne Acnes in A01 Percent of A01 ApEl Appfing sandy loam. 2 to 6 5-5% percent slopes CIB C"I-Urban land complex. 2 to 2.4 2.2% 8 peircent slopes ChA Chewacla loam- 0 to 2 percent 67 6-1% slopes. freqtmntly flooded Pao Paoolat sandy War" L 15 to 25 7-7% percent slopes PC82 Pacxwet sandy clay loam, 2 to 8 40-1 3&6% mcent slopes, moderatefy eroded Pcr-2 Pacolet sandy clay loam, 8 to 419 36-2% 15 percent slopes - moderately e-roded Sc;B2 Saw-Pacolet comptex. 2 to 8 2,5 23% percent slopes, moderately eroded Uf Urban land 0-9 0-8% VnIB2 Vance- sanay clay loam. 2 to 8 0-6 0-5% percent slopes, moderately eroded Totals for Area of Intorest. 102.6 180.0% Acres: SUNCREST KONNAPOLIS Prepared for: +/-10591 Rowan Co., N C EPG FIGURE 5 NRCS PUBLISHED SOILS Drawn By: RevIewed By: 6127119 Subject to UrACFINCDEQ verlf=tion BLK LSR Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.