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. OCI n
m
'M NHor
HOIN
C]OO)N
z
z
it"
z
z,
z 1<
-z
z
ww
I Zf Od 'L'r' Is z
113NdVr
I IN, .1
wz L
z
> I III IIIU1 r 1�
u UD\ U
U,
zz.,'.
\g 1z
>
Z
V) j OW 2 3
\�, - SN
�z T z � IR w V)
z
z< �n-5 \4, I I
Lu 11,11,
iWL
�d
All IN' ",;z
M3�imoo r,
\\0
3 N
\ \\
6
a d LL
L I
W
U �)\ ��
JC O\
03 ANd V 11YI'(1 \0
m 10
70 131NV --�\\ \
- 3 N I � ) I It
v g\
lt(Oldw)l
it 001
It\
It I
t \1 I X�2,
I x
t%0 0 v-
IIII/M\
z
0 qOV/
zw 14111
r I ��\,\\Q,\ �\
z
\Q-
11/0 ow
z< ww W�\
z' /A K
�z
z;
f
�X
—\\k t(Aw I
z W>
z
x\
f
jI
gx
\�\\�xS S�
r
1z
z6so�, Z:
it
i I r I It
u
ON
j i�
—o Zz�
s uz o,
L
NOISIAI(lans m3No smva
TV vvv,c:z.:"
LL
!Wlloj
cm
1191HX3 10VdWl
SNOwaNOD DNIISIX3
01 A u d
J N I
Dd n7L J
SOL sid3oo�
31 �vN
rl�ol 9 0
N IF'
N11
o 5SL al�
o
/ LN 4,
INIA 4d
J�NVNVH
3Li, 0
A/N w
viiid 9
S9 OH d
Ci
n 3�IM ON
00 'f 9
So 0 1 TH
N�ln 6L9
102 00
N j a sin)
091, old
�ei,i, 00
NO 0 M NHOP
A/N
04
—.vr
�O
VNVO
VN
CL
1,04
10
5�
\T' �l
9,
'OK
!-Y F 7 "i
�N 33d,�mcov
'�"Vo /A N�
I J/N
<
09,
0 iL Dd L96 80
OJ 3dd
�YQ 13INVII
ko'u.
< z U U C��/ 0
< <
WO. . . . . .
u
0 ir
121
<
r
53 U
U 1 g
z X
mw-
vW)
u
0
z
Emm
NOISIAlGansm3Nosm3 MVS
VIOWW1183Aino
-P
00+0
c 99�
CD CD CD CD
co 9 9
to LO
jj N
780'-�
LLJ
C)
Cl)
C)
-F
LL
CRI
0
cl.
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.