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HomeMy WebLinkAbout20221214 Ver 1_ePCN Application_20220902DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 6/2/2022 BIMS # Assigned* Version#* 20221214 1 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 la. Name of project: Nexus Mill Creek la. Who is the Primary Contact?* Daniel Kuefler What amout is owed?* $240.00 $570.00 Select Project Reviewer* Doug Perez:eads\djperez lb. Primary Contact Email:* lc. Primary Contact Phone:* daniel.kuefler@wetlands-epg.com (336)554-2728 Date Submitted 9/2/2022 Nearest Body of Water Afton Run Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.4379 -80.6812 A. Processing Information County (or Counties) where the project is located: Cabarrus Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 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 lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. 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 ld. 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: BRC Kannapolis LLC 2b. Deed book and page no.: DB 14948, PG 200 2c. Contact Person: Hunter Oglesby 2d. Address Street Address 5826 Samet Drive Address Line 2 Suite 105 City High Point Postal /Zip Code 27265 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (336)706-9002 2g. Email Address: * hoglesby@blueridgecompanies.com 3. Applicant Information (if different from owner) 3a. Name: Hunter Oglesby 3b. Business Name: Blue Ridge Companies 3c. Address Street Address 5826 Samet Drive Address Line 2 Suite 105 City High Point Postal / Zip Code 27265 3d. Telephone Number: (336)706-9002 3f. Email Address: * hoglesby@blueridgecompanies.com 4. Agent/Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: Wetlands & Environmental Planning Group, PLLC 4c. Address Street Address 10612-D Providence Road Address Line 2 PMB 550 City Charlotte Postal / Zip Code 28277 4d. Telephone Number: (336)554-2728 4f. Email Address: * amber.lipsky@wetlands-epg.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Kannapolis 2. Project Identification 2a. Property Identification Number: 46918897430000,46918891360000, 46918872640000 2b. Property size: 17.19 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Afton Run 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. 030401050105 4. Project Description and History State / Province / Region Country 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 undeveloped, mostly wooded. The site has rolling topography with slopes ranging from 2 to 15%. The property drains primarily to the southeast corner of the site. The property frontage is along Old Macedonia Ct and is surrounded by Kannapolis Pkwy to the east, Davidson Hwy to the south, Odell Baptist Church to the south, and Amazon to the west. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.68 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The proposed development will include impacts to two wetlands for a road crossing. 4i. 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 Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-00503 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Nic Nelson WEPG 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 K. Stygar (USACE) on 3/12/21. A copy of the signed JD approval is included in the Jurisdictional Determination Information section. NCDEQ verification 4/6/21. 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested * 2f. Type of Jurisdicition* (?) 29. Impact area* W1 Fill P Bottomland Hardwood Forest Wetland A Yes Corps 0.001 (acres) W2 Culvert P Bottomland Hardwood Forest Wetland B Yes Corps 0.026 (acres) W3 Fill P Bottomland Hardwood Forest Wetland B Yes Corps 0.011 (acres) W4 Construction Access T Bottomland Hardwood Forest Wetland B Yes Corps 0.011 (acres) 2g. Total Temporary Wetland Impact 0.011 2g. Total Wetland Impact 0.049 2i. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.038 la. 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. Impacts were limited to the extent possible while still maintaining the required connectivity to existing right-of-ways and accommodate emergency vehicle access. Retaining walls will be used to minimize impacts. The applicant has demonstrated avoidance and minimization efforts by avoiding 93% of onsite wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Install temporary perimeter silt fence and temporary stone outlets in low areas along the silt fence. Install temporary diversions to drain to temporary skimmer sediment basins uphill of the the proposed retaining walls during retaining wall construction. Install concrete endwalls at the culvert crossing in conjunction with the retaining. Install storm drainage with inlet protection in conjunction with the retaining wall construction that drains to the two permanent stormwater control measures (SCM's). Erosion control measures shall remain in place throughout construction until the site is stabilized. 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 la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Kannapolis Comments: The proposed project is designed to drain to two on -site stormwater control measures (SCM's) - Wet Pond and Sand Filter. The SCM's are designed in accordance with the NCDEQ Stormwater Design Manual minimum design criteria. The SCM's are designed to capture the runoff volume from the first inch of rainfall from the built upon areas draining to those elements. In addition, the SCM's are designed for stormwater detention to maintain the pre -developed runoff rate for 1-year and 10-year, 24-hour storm events in accordance with the City of Kannapolis requirements. 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 (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. No 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 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 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 except as described in the attached T&E report. This report has been submitted to USFWS for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * No essential fish 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?* Report from R.S. Webb & Associates 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 8c. What source(s) did you use to make the floodplain determination?* www.fema.gov https://location.cabarruscounty.us/mapcabarrus/ 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 Nexus Mill Creek PCN.pdf 9.17MB 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 of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Daniel Kuefler Signature O Date 9/2/2022 Pre -Filing Meeting Request- Nexus Mill Creek Amber Lipsky <amber.lipsky@wetlands-epg.com> To: 401PreFile@ncdenr.gov Cc: Daniel Kuefler <daniel.kuefler@wetlands-epg.com> Amber Lipsky <amber.lipsky@wetlands-epg.com> Thu, Jun 2, 2022 at 1:34 PM Contact Name: Daniel Kuefler Contact Email Address: daniel.kuefler@wetlands-epg.com Project Owner: Blue Ridge Companies Project Name: Nexus Mill Creek Project County: Cabarrus Owner Address: 5826 Samet Drive, Suite 105, High Point, NC, 27265 Transportation Project: No Type(s) of approval sought from the DWR: 401 Water Quality Certification (Regular) Does this project have an existing project ID#?: No Do you know the name of the staff member you would like to request a meeting with?: Doug Perez Please give a brief project description below and include location information.: The Nexus Mill Creek site (+/- 13.9 acres) is a proposed residential development in Cabarrus County, North Carolina. It can be found on the Kannapolis NC USGS Topographic Quadrangle Map; latitude is 35.4379 N, longitude is 80.6812 W. The topography is gently to moderately sloped with the elevation ranging from 710 to 660 ft. Amber Lipsky Wetlands & Environmental Planning Group Leonard S. Rindner, PLLC www.wetlands-epg.com 401.339.4292 Nexus Mill Creek Context Maps.pdf 1165K WEPG Preliminary ORM Data Entry Fields for New Actions SAW — 2021 - 00503 Prepare file folder n 1. Project Name [PCN Form A2a]: Nexus Mill Creek 2. Work Type: Private pi Institutional ri Government pi 3. Project Description / Purpose [PCN Form B3d and B3e]: NWP 29 request for residential development Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. BEGIN DATE [Received Date]: Assign Action ID Number in ORM pi Commercial EI 4. Property Owner / Applicant [PCN Form A3 or A4]: Blue Ridge Companies (Applicant) 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form Bib]: 35.4379, -80.6812 Kannapolis Parkway and Davidson Highway 8. Project Location - Tax Parcel ID [PCN Form B1a]: 46918897430000, 46918872640000, 46918891360000 9. Project Location —County [PCN Form A2b]: Cabarrus 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Kannapolis 11. Project Information — Nearest Waterbody [PCN Form B2a]:Afton Run 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Rocky/ 03040105 Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: pind m StaNationwide Permit # n RegionaldarGeneralPerit Permi29t # n Jurisdictional Determination Request H Pre -Application Request Unauthorized Activity n Compliance ❑ No Permit Required Revised 20150602 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. September 2, 2022 Ms. Krysta Stygar U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Douglas Perez NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wojoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subject: SAW-2021-00503; Pre -Construction Notification for NWP #29 for the Nexus Mill Creek site in Kannapolis, Cabarrus County, North Carolina Ms. Stygar, Messrs. Perez, Wojoski, and Hamstead, Enclosed is a request for Nationwide Permit #29 for the Nexus Mill Creek site on 17.19 acres located at the corner of Kannapolis Parkway and Davidson Highway in Kannapolis, NC. The site is a proposed residential development and consists of three wetlands. The site was verified by the USACE in March 2021 and by NCDEQ in April 2021. Please refer to the Jurisdictional Determination Information section for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to two wetlands for a road crossing and associated retaining wall required to stabilize the corridor required for emergency vehicle access. Temporary impacts are limited to construction access to install the proposed impacts. Total permanent impacts proposed include 0.049 acres of wetland Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com 1 Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. impacts (Wetlands A and B). This access crossing was necessary due to City connectivity requirements, including fire access, and to accommodate site stormwater requirements. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Efforts of minimization were implemented during the design to preserve existing site hydrology and limit adverse effects to existing, onsite natural habitat. Retaining walls will be used to minimize impacts. The applicant has demonstrated avoidance and minimization efforts by dedicating avoiding 93% of onsite wetlands. Due to limited site impacts, no mitigation is proposed. 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. This report has been submitted to Fish & Wildlife Services for concurrence. 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, (336)554-2728 or email at daniel.kuefler@wetlands-epg.com. Sincerely, Daniel Kuefler, PWS Environmental Scientist Len Rindner, PWS Principal Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com 2 Asheville Office: 1070 Tunnel Rd., Bldg. I Suite I D, PMB 283 Asheville, NC 28805 Permit Application Permit Application 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 la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes X No 1d. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization X 401 Water Quality Certification ❑ 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ Yes X No 1f. 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. ❑ Yes X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: Nexus Mill Creek 2b. County: Cabarrus 2c. Nearest municipality / town: Kannapolis 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: BRC Kannapolis LLC 3b. Deed Book and Page No. DB 14948, PG 200 3c. Responsible Party (for LLC if applicable): Hunter Oglesby 3d. Street address: 5826 Samet Drive, Suite 105 3e. City, state, zip: High Point, NC 27265 3f. Telephone no.: (336) 706-9002 3g. Fax no.: 3h. Email address: hoglesby@blueridgecompanies.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent X Other, specify: Developer 4b. Name: Hunter Oglesby 4c. Business name (if applicable): Blue Ridge Companies 4d. Street address: 5826 Samet Drive, Suite 105 4e. City, state, zip: High Point, NC 27265 4f. Telephone no.: (336) 706-9002 4g. Fax no.: 4h. Email address: hoglesby@blueridgecompanies.com 5. Agent/Consultant Information (if applicable) 5a. Name: Daniel Kuefler 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.: (336)554-2728 5f. Fax no.: 5g. Email address: daniel.kuefler©wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 46918897430000, 46918891360000, 46918872640000 lb. Site coordinates (in decimal degrees): Latitude: 35.4379 Longitude: -80.6812 lc. Property size: 17.19 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Afton Run 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Upper Pee Dee/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 undeveloped, mostly wooded. The site has rolling topography with slopes ranging from 2 to 15%. The property drains primarily to the southeast corner of the site. The property frontage is along Old Macedonia Ct and is surrounded by Kannapolis Pkwy to the east, Davidson Hwy to the south, Odell Baptist Church to the south, and Amazon to the west. 3b. List the total estimated acreage of all existing wetlands on the property: 0.68 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The proposed development will include impacts to two wetlands for a road crossing. 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? X Yes ❑ No ❑ Unknown Comments. 4b. If the Corps made the jurisdictional determination, what type of determination was made? X Preliminary 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 K. Stygar (USAGE) on 3/12/21. A copy of the signed JD approval is included in the Jurisdictional Determination Information section. NCDEQ verification 4/6/21. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes X No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction X Wetlands 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) W1 P Fill Bottomland Hardwood Forest Yes Corps 0.001 W2 P Culvert Bottomland Hardwood Forest Yes Corps 0.026 W3 P Fill Bottomland Hardwood Forest Yes Corps 0.011 W4 T Construction Access Bottomland Hardwood Forest Yes Corps 0.011 W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.049 2h. Comments: W1- Wetland A/AA W2, W3, W4- Wetland B/BB 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 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN 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 individually 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, then 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 P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ 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, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ 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 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. 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. Impacts were limited to the extent possible while still maintaining the required connectivity to existing right-of-ways and accommodate emergency vehicle access. Retaining walls will be used to minimize impacts. The applicant has demonstrated avoidance and minimization efforts by avoiding 93% of onsite wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Install temporary perimeter silt fence and temporary stone outlets in low areas along the silt fence. Install temporary diversions to drain to temporary skimmer sediment basins uphill of the the proposed retaining walls during retaining wall construction. Install concrete endwalls at the culvert crossing in conjunction with the retaining. Install storm drainage with inlet protection in conjunction with the retaining wall construction that drains to the two permanent stormwater control measures (SCM's). Erosion control measures shall remain in place throughout construction until the site is stabilized. 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? No ❑ Yes X 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ 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. ❑ 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: Due to limited site impacts, no mitigation is proposed. 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 buffer mitigation? Yes X No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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 la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 47.7 2b. Does this project require a Stormwater Management Plan? X Yes ❑ 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: The proposed project is designed to drain to two on -site stormwater control measures (SCM's) - Wet Pond and Sand Filter. The SCM's are designed in accordance with the NCDEQ Stormwater Design Manual minimum design criteria. The SCM's are designed to capture the runoff volume from the first inch of rainfall from the built upon areas draining to those elements. In addition, the SCM's are designed for stormwater detention to maintain the pre -developed runoff rate for 1-year and 10-year, 24-hour storm events in accordance with the City of Kannapolis requirements. 2e. Who will be responsible for the review of the Stormwater Management Plan? Local Government 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Kannapolis 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): X Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes X No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes X No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? X Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN 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 use of public (federal/state) land? ❑ Yes X No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ Yes ❑ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑Yes X No 2b. Is this an after -the -fact permit application? ❑Yes X 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 additional development, which could impact nearby downstream water quality? Yes X No 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 habitat? ❑ Yes X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ No X Yes 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 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 except as described in the attached T&E report. This report has been submitted to USFWS for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Report from R.S. Webb & Associates 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 X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://location.cabarruscounty.us/mapcabarrus/ Daniel Kuefler Applicant/Agent's Printed Name �✓ 09-02-2022 Date pplicant Agent's ignature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Agent Authorization Letter The purpose of this form is to authorize 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). Project/Site Name: Kannapolis Parkway Property Address: Kannapolis Parkway and Davidson Highway Parcel Identification Number (PIN): 4691-88-9743-0000, 4691-88-7264-0000, 4691-88-9136-0000 Select one: I am the current property owner Name: Hunter Oglesby Company: Blue Ridge Companies Mailing Address: 5826 Samet Drive, Suite 105, High Point, NC 27265 Telephone Number: 336-706-9002 Electroniwr Mail Acjdres • hoglesby@blueridgecompanies.corn Icab/cal C.-Pr v ieOwner over* / Other` Dhte * The Intereste. Buyer%Ot acknowledges that an agreement and'or, formal contract to purchase and'or conduct due diligence a ' ' <: -xists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Char otter Office: 10612-0 Providence Rd. PM8 550 Charlotte, NC 28277 (704) 904-2277 ten.rindner@wetlands-epg.corn www.wetiands-e Asheville C`�fiice: 1070 Tunnel Rd, 131dg. i Suite 10, PMB 283 Asheville, NC 28805 Maps/Plans UDGE DEV6ntSHI Rt IVE RPCHNIE iTS S Al [ SiE E K HR,H}ANU CREEK i AVR!} PARIt Kannapolis WAL HtJr Avr hit: f Concord IOVt A{RES Davidson His r Imagery Provided by Bing Maps 2020 JO T AFTON RUN �i Do idson Hwy Lci st A�c'� FIGURE 1 Acres: +/- 17.19 NEXUS MILL CREEK Cabarrus Co., NC Prepared for: Blue Ridge Companies 02/23/21 VICINITY MAP Subject to USACE/NCDEQ verification Drawn By: BLK Reviewed By: ALL ■ Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com / 6112• JVYHOLLOW PL L. 2437,2433. •..• �231 k• 2133 $- 2137 2133 s,• 2490;,�00 •Z' • ::2113: 2037 2130 37 • • • 2031 2700 2- ... • `22510 032 • `2020 23?1 • LB PARCEL: 4691-88-7264-0000 RC KANNAPOLIS LLC CPARCEL: 4691-88-9136-0000 BRC KANNAPOLIS LLC Parcel Information Provided by Cabarrus Co 2021 FIGURE 2 Acres: +/- 17.19 02/23/20 NEXUS MILL CREEK Cabarrus Co., NC PARCEL MAP Subject to USACE/NCDEQ verification PARCEL: 4691-88-9743-0000 BRC KANNAPOLIS LLC 5826 SAMET DRIVE STE 105 HIGH POINT, NC 27265 Prepared for: Blue Ridge Companies Drawn By: BLK Reviewed By: Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC- len. ri ndner@wetlands-epg.com (704) 904-2277 www.wedands-epg.com Imagery Provided by Bing Maps 2020 FIGURE 3 Acres: +/- 17.19 02/23/21 NEXUS MILL CREEK Cabarrus Co., NC VICINITY MAP Subject to USACE/NCDEQ verification Prepared for: Blue Ridge Companies Drawn By: BLK Reviewed By: ALL Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@vvietlands-epg.com (704) 904-2277 www.wetlands-epg.com LOCATION Lat: 35.4379 2N Long: -80.6812 2W HUC: 03040105 ROCKY FIGURE 4 ■ Acres: +/- 17.19 02/23/21 PROJECT BOUNDARY STUDY LIMITS USGS QUAD Kannapolis, NC 1993 SCALE 1:24,000 NEXUS MILL CREEK Cabarrus Co., NC USGS MAP Subject to USACE/NCDEQ verification E „i Prepared for: Blue Ridge Companies Drawn By: BLK Reviewed By: ALL AFTON RUN Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len. ri ndner@wetlands-epg.com (704) 904-2277 www.wedands-epg.com 001111. Arlitki ti Vme wii., . , ,, _ 9.7 ," .•: d.■ ...7, .7 0 Tee 4fttp.'c ION'', ° -.+ • �• f1' ir - _ C M Pulp ( - • � t EnFt 1 ` F ) PROJECT BOUNDARY STUDY LIMITS OW _ Ili , . . 7 . i - --$112-.A J) - - - - 4. • ■ ' J a 4Adit �+ . 1 Ile • Fri$ r li C 418 NRCS Soil Survey Manuscript Cabarrus County 1988 AO 1• lc • e me 1''"ir" t i Map Unit Symbol Map Unit Name Acres in A0I Percent of ADl ChA Chewacla sandy loam, 0 to 2 percent slopes, frequently flooded 0.4 2.6% EnB Enon sandy loam, 2 to 8 percent slopes 7.1 50.9°1: EnD Enon sandy loam, 8 to 15 percent slopes 6.5 46.5D/0 Totals for Area of Interest 14.0 100.O% FIGURE 5 Acres: +/- 17.19 NEXUS MILL CREEK Cabarrus Co., NC Prepared for: . ■ Blue Ridge Companies Wetlands and Environmental Planning Group 02/23/21 SOIL SURVEY MANUSCRIPT MAP Subject to USACE/NCDEQ verification Drawn By: Leonard S- Rindner, PLLC- Reviewed By: BLK len.rindner@wetlands-epg.com ALL (704)904-2277 www.wetlands-epg.com l I 1 / 1 l \ / /r - - _ - / \ / �� r— �� - — — /— r _ l / / / 5 r — i — — � — �_ %� \ N _ _ ,.:______ _ - /r, — — — \ / // / / J / Jj WETLAND B :BB� _ 1 J i —/ \ ---// / J \ i r / i `� ems' �__„/ - — / 1 \N- —WETLAND A -AA / / \ _ _ 22,064 5Ft / /\ — — ,WETLAND G ) NEXUS MILL GREEK 6156 DAVIDSON HWY EXHIBIT I — EXISTING CONDITIONS PLAN KANNAPOLIS, NG DATE: 1/II/2022 \\ \ 0.51 Ac.+ : BRC KANNAPOLIS, LLC; AND PHO KANNAPOLIS, LLC 5826 SAMET DRIVE, SUITE 105 HIGH POINT, NC 27265 CONTACT: HUNTER OGLESBY PHONE: (336) 889-1500 MOBILE: (336) 706-9002 EMAIL: hoglesby@blueridgecompanies.com SITE IMPERVIOUS AREA: TOTAL IMPERVIOUS AREA: 337,220.30 SF (7.742 Ac.) IMPERVIOUS PERCENTAGE: 7.742 Ac. / 16.231 Ac. = 47.7 % WETLAND IMPACT NUMBER PERMANENT (P) TEMPORARY (T) TYPE OF IMPACT TYPE OF WETLAND FORESTED JURISDICTION AREA OF IMPACT W1 (P) FILL BOTTOM LAND HARDWOOD FOREST YES CORPS 55 SF (0.001 Ac.) W2 (P) CULVERT BOTTOM LAND HARDWOOD FOREST YES CORPS 1,128 SF (0.026 Ac.) W3 (P) FILL BOTTOM LAND HARDWOOD FOREST YES CORPS 471 SF (0.011 Ac.) W4 (T) LAND CLEARING BOTTOM LAND HARDWOOD FOREST YES CORPS 484 SF (0.011 Ac.) TOTAL WETLAND IMPACTS: 2,138 SF (0.049 Ac.) NEXUS MILL GREEK 6156 DAVIDSON HWY EXHIBIT 2 - SITE PLAN KANNAPOLIS, NG DATE: 1/11/2022 / \ SCM#2 SAND FILTER WETLAND IMPACT K2. 1,129 5F (0.026 AcJ SCM #1 WET POND PERMANENT WETLAND IMPACT TEMPORARY WETLAND IMPACT AREA TO BE RESTORED BY REPLACING 6-12" OF TOPSOIL AND RESEEDING WITH NATIVE STABILIZATION MIX OWNER/ DEVELOPER: BRC KANNAPOLIS, LLC; AND PHO KANNAPOLIS, LLC 5826 SAMET DRIVE, SUITE 105 HIGH POINT, NC 27265 CONTACT: HUNTER OGLESBY PHONE: (336) 889-1500 MOBILE: (336) 706-9002 EMAIL: hoglesby@blueridgecompanies.com GRAPHIC SCALE ( IN FEET ) finch =120FL C \ WETLAND IMPACT NUMBER PERMANENT (P) TEMPORARY (T) TYPE OF IMPACT TYPE OF WETLAND FORESTED JURISDICTION AREA OF IMPACT W1 (P) FILL BOTTOM LAND HARDWOOD FOREST YES CORPS 55 SF (0.001 Ac.) W2 (P) CULVERT BOTTOM LAND HARDWOOD FOREST YES CORPS 1,128 SF (0.026 Ac.) W3 (P) FILL BOTTOM LAND HARDWOOD FOREST YES CORPS 471 SF (0.011 Ac.) W4 (T) LAND CLEARING BOTTOM LAND HARDWOOD FOREST YES CORPS 484 SF (0.011 Ac.) TOTAL WETLAND IMPACTS: 2,138 SF (0.049 Ac.) NEXUS MILL GREEK 6156 DAVIDSON HWY EXHIBIT 3 - WETLAND IMPACTS KANNAPOLIS, NG DATE: 1/II/2022 PERMANENT WETLAND IMPACT TEMPORARY WETLAND IMPACT AREA TO BE RESTORED BY REPLACING 6-12" OF TOPSOIL AND RESEEDING WITH NATIVE GO STABILIZATION MIX 7 / I DGB #3 \ \ \ — 1 PIPE INLET \ \ 6PROTECTION \ 692, \696. 6 N N GB #37 TEMP. NARDWAR G OTH/ GRAVEL INLET PROTECTION (TYP.) 688 0 GRAPHIC SCALE 20 40 80 ( IN FEET ) 1 inch = 4-0 Ft. 100 6415 6q0 685 680 615 610 NEXUS MILL GREEK 6156 DAVIDSON HWY EXHIBIT 4 - CULVERT SECTION KANNAPOLIS, NG DATE: 1/11/2022 Q r V V�rr� ri-$ now u u L tea__ p o °r ic tqg L1 N2OZ �� Si �� :a o q 1r� re%2 �� .r0 h '( .4404 AI0/p on_ 8# pzol'05NTERd ATDE gzi A L INE %,�i_ m_ P� "` VRGP S" 3J:l4 123.38 LF OF 8"�p — _ ®0.47% "ir o<c`�s�� m ILL ".• r/ 14 , BBB 36" RGP 36" RGP CULVERT INV. = t611.30 AT ROAD CENTERLINE q+50 10+00 10+50 11+00 11+50 12+00 12+50 0 0 VERTICAL GRAPHIC, SCALE 2 4 ( IN FEET ) I inch = 4 ft. HORIZONTAL GRAPHIC SCALE 20 40 S 80 ( IN FEET ) f inch = 4-0 Ft. 100 615 bq0 685 680 615 610 NEXUS MILL GREEK 6156 DAVIDSON HWY EXHIBIT 5 - CULVERT PROFILE KANNAPOLIS, NG DATE: 1/11/2022 PROPOSED GRADE MODULAR BLOCK RETAINING WALL S" DIP 0 WATER MODULAR RETAINING BLOCK WALL J ENDHALL [NGDOT STD. INV. UP= 611.80 112 838.01] 8" DIP I SEWER RIPRAP APRON APRON LENGTH= 20' APRON WIDTH= 45(23' APRON THICKNESS= I8" _ ENDWALL [NGDOT INV. #3 STD.1338.01] 611.00 GLASS 6 RIPRAP DOWN= RIPRAP APRON EXISTING GRADE — — ' APRON LENGTH= 20' APRON WIDTH= 4'x23' APRON THICKNESS= 18" - r.�. _.r..c._ • is 72 � — — — _ LP 36" RCP 0 0.83% GLASS B RIPRAP ia•• •=1 x EXISTING GRADE 0+00 0+50 1 +00 1+50 2+00 0 0 VERTICAL GRAPHIC, SCALE 2 4 ( IN FEET ) I inch = 4 ft. HORIZONTAL GRAPHIC SCALE 20 40 8 80 ( IN FEET ) f inch = 4-0 Ft. UN Az k Ill ,, r \\ 1 / I \ a NEXUS MILL GREEK 6156 DAVIDSON HWY OLD..j _ / L \ ACT\ � 1= �. ��� '''--.54 l -----417------Wrim'' '71-11.--/Z-777:11T11 -r-e'''11111111111"... '.T."'-' "'"k a '�. cif �� OA Llik 14" Will ei /8W ii ...,,, ALT-grigrit lir '- ..•_ r\_-' ,,-....-..I.•..., a. \�, ��'n:.-r _ a ]� , sn .n s �c ice.,: tr��1 ova = /`�Ili 211 J �_ .r r„.. f iR r rf �,i� �'T i _-�sr-' 1. I.4.4436„. - 1 11110111 lideL Atli__ ..4. �vw. ■ 1 -I �' ��i:im 4 lb.. II IN WETLAND B BB-.�`_�_� J �l ilifillal Ii1`4k i, �� x: i:.�i.�'<.'i'Lf,'.L' 4n1b1,, -,C.Ryi �` ,-�� EXHIBIT 6 - STORMWATER MANAGEMENT PLAN KANNAPOLIS, NG DATE:-1/II/2022 \ / J 1NETLAND A -AA 22,064 SF± N 0.51 Ac.- OWNER/ DEVELOPER: BRC KANNAPOLIS, LLC; AND PHO KANNAPOLIS, LLC 5826 SAMET DRIVE, SUITE 105 HIGH POINT, NC 27265 CONTACT: HUNTER OGLESBY PHONE: (336) 889-1500 MOBILE: (336) 706-9002 EMAIL: hoglesby@blueridgecompanies.com GRAPHIC, SCALE ( IN FEET ) 1 inch = 120 Ft. f �U ttNK UN SHEETFLow' N 1 \ \ . \ -\\�` — — /_ ,,II, SFt /T / 01bAct UNK \ ---- �\ -\ FLOW . J 40LF —/ 2 J \ / —� • \ _/� — \ r- —— —\— / / r — — � • / i — \ _ / - / - \ \ \ J \ / / / - - - - - ' - " - - \ - :I- -- - --If- 2 i_ _ _ _NN N -- - - - 1 i V, -- 1 \_/_-_:- - - -6 c t 4 c e 45 I- 735041 ED — ' - - - - - - - - j - - - — — — / / weTLEwD a-ggr \\ ` J / / / — — \ ,` \--, / / PRE-DE VELOP® / �- / \ \ \ - )) \ • /�G2 636 GF5 (I-YR,.54 Min. GN-72 % \\PRE -DEVELOPED ) \ 050= 38.43 GF5 (50-YR, 24-HR)\Go= 23.12 GF5 no-YR 24+W ` � \ \ \�Tc- 6624 Mn r\41= 281 GF5 (I-YR, 24-HRJ \\0i6CF5 O0-YR 242+R) 4-R-i` ' \\ `\so= 16.29 GF(50-1, f� `R,� _ --/- I / 1 \/ Vl I l -\ • \ -/\�\\ / \^/\ : N.\\ / NEXUS MILL GREEK 6156 DAVIDSON HWY EXHIBIT 1 — PRE —DEVELOPED DRAINAGE AREA MAP KANNAPOLIS, NG DATE: l/11/2022 \\ VEILING' G. 0.01 Ac ± ) PRE-0EVEL0PED \ \ 411 5F± \ \ \ \\ \ \ \ DA 112_4.04 AL ,\ ^ \�` GN- 15 \\ \ Tc= 10.15 Min. \\ \ \\\ cozen -RA -re, 01- 536 GF5 (I-YR, 24-HR) \ \N FLOW Q1o= 15.88 GF5 60-YR 24-NR) \ \\ \ • 1,49LLF Ow= 2457 GE-5 (50-YR, 24-HR) / \ 'Tor' \ �. \ \ r ✓\ \��� _/ \ � \ \ l — y l _ CONFLUENCE f �\)\\ a- 11.48 GF5 p-YR, 24-tR) 41.24 GF5 (10-YR, 24-142) j \ \ \ �Gso= bl.s8-GF5 (50-YR, 24-HR)— \ /77 -L J 1 OWNER/ DEVELOPER: BRC KANNAPOLIS, LLC; AND PHO KANNAPOLIS, LLC 5826 SAMET DRIVE, SUITE 105 HIGH POINT, NC 27265 CONTACT: HUNTER OGLESBY PHONE: (336) 889-1500 MOBILE: (336) 706-9002 EMAIL: hoglesby@blueridgecompanies.com / 0 GRAPHIC SCALE 60 120 240 ( IN FEET ) I inch = 120 Ft. UN SHEET Row-- 100LF \ \\� / \ \ \\ ) 1 �colYBgRATED �\ 1/\ 2181F \FLOA \ \\,,,r00 \` POST -DEVELOPED\ - ������-•.�� SPA #5.1= 3.80 Ac •r• GN= 14 \ 'T.=26.15mind \ _ \ Oi= 2.74 GF5 (I-YR, 24-HR) J % QIo= 5.31 GF5 (10-YR, 24-HR) r - `QSo= 14.18 GF5 (50-YR, 24-NR) '� • •....••••-•4--- I • NEXUS MILL GREEK 6156 DAVIDSON HWY EXHIBIT S - POST -DEVELOPED DRAINAGE AREA MAP KANNAPOLIS, NG DATE:-1/II/2022 samwiffiwaffmmirr .GN= 40 .„LTc= 5 Min. 0i= 3016 GF5 (VTR, 24-1-2) — �a= 62.46 GF5 (10-Y2, 24-HR) -�= 8664 GF5 (50 _YR, 24-HR) 44al.iGii: / WETLAND B Bey ii— �14 J}�,e VZ SAND FILTER ROUTINE (5GM 42) (5= 021 GF5 (I-YR 2441R) _ Oa, 250 GF5 (10-YR 24+IR) Qso= 14.61 GF5 (50-YR, 2441R1 / //= ( / L \ P05T-DEVELOPED R pAN486= 4.50 AL �` \ Tc= 5 Mn. ,oi= 1252 GF5 (I-1R, 24-1-2) \ 41o= 25.12 GF5 (10-YR, 24-I- ) Ow= 4011 GF5 (50-YR, 24-HRI \ 1 VET POND 2, 1TILIG N1 a) /5= 4.01 GF5 (I-YR 24-iR1 an= 22.48 GF5 (10-TR, 24-1-12) (Ea= 54.04 GF5 (50-1'R 2' CN= 15 Tc= 25.51 Min. G2= 3.25 GF5 n-YR, 24-HR) nor 4.40 GF5 (10-r- �Q4c. 15.68 GF5 (SC OWNER/ DEVELOPER: BRC KANNAPOLIS, LLC; AND PHO KANNAPOLIS, LLC 5826 SAMET DRIVE, SUITE 105 HIGH POINT, NC 27265 CONTACT: HUNTER OGLESBY PHONE: (336) 889-1500 MOBILE: (336) 706-9002 EMAIL: hoglesby@blueridgecompanies.com GRAPHIC SCALE ( IN FEET ) 1 inch = 120 Ft. /7/7, Jurisdictional Determination Information WETLAND C -0.01 AC WETLAND B-BB -0.16 AC 1 • LEGEND Project boundary study limits Stream Wetland Landscape photo direction' USACE UPLAND DP1 NCDEQ STREAM NON-J DP2 1 CULVERT USACE WETLAND DATA FORM A -AA USACE VERIFICATION 04/06/21 ) USACE VERIFICATION 03/12/21 ) FIGURE 6 Acres: +/- 17.19 NEXUS MILL CREEK Cabarrus Co., NC Prepared for: Blue Ridge Companies 2/24/21 DELINEATION MAP Subject to USACE/NCDEQ verification Drawn By: NRN Reviewed By: ALL Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wedands-epg.com Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00503 County: Cabarrus U.S.G.S. Quad: NC- Kannapolis NOTIFICATION OF JURISDICTIONAL DETERMINATION Blue Ridge Companies Hunter Oglesby 5826 Samet Drive, Suite 105 High Point, NC 27265 (336) 706-9002 hoglesby@blueridgecompanies.com Nearest Town Concord RiverBasin Upper Pee Dee Coordinates Latitude:35.4379 Longitude: -80.6812 Location description: Project is located North of Davidson Hwy, and West of Kannapolis parkway, near Kannapolis, Cabarrus County, No rth Carolina. PIN(s): 4691-88-9743-0000, 4691-88-7264-0000, 4691-88-9136-0000 13.89 Afton Run 03040105 Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/23/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat allwaters and wetlands thatwould be affected in any way by the permitted activity on the site as if they are jurisdictionalwaters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you m ay request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over allof the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommendthatyouhave the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above de scribed project area/property subjectto the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above de scribed project area/property subjectto the permit requirements of Section 404 ofthe Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination m ay be relied upon for a periodnotto exceed five years from the date of this notification. ❑ We recommend you have the waters on y our project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on y our 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 delineationmapdatedDATE. We strongly suggest youhave this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2021-00503 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 periodnotto exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five y ears from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, pre sent on the above de scribed project area/property which are subjectto the permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period notto exceed five years from the date of this notification. ❑ The property is located in one ofthe 20Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of CoastalManagementin Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fillmaterialwithin waters of the US, including wetlands, without a Department ofthe Army permit may constitute a violation of Section 301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regardingthis determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or kry stynka.b.sty gar(Ousac e.a rmy.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance Letter 05-05, and 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the preliminary jurisdictional determination form dated 03/12/2021 included in the file. Click here to enter text. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA program s, you should request a certified wetland determination from the local office of the Natural Re sources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutesan approved jurisdictional determination for the above described site. If you objectto this determination, you may request an a dministrative a ppeal under Corps regulations a t 3 3 CFRPart331. Enclosed you will find a Notification ofAppealProcess (NAP) fact sheet andrequestfor appeal(RFA) form. Ifyourequest to appeal this determination you must submit a completed RFA form to the following a ddress: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M 15 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 ofthe date ofthe NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit anRFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 03/12/2021 ExpirationDate ofJD: Not applicable SAW-2021-00503 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/cmapex/f?p=136:4:0 Copy furnished: Agent: Wetlands and Environmental Planning Group Daniel Kuefler Address: 10612-D Providence Road Charlotte, NC 28277 Telephone Number: (336) 554-2728 E-mail: Daniel.kuefler@wetlands-epg.com Threatened & Endangered Species Report a--+ L O Q cc v) a) u a) Q cn 75 aV s_ aV 01 C (11 75 C w 06 75 aV C aV "ICES' s_ H WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Nexus Mill Creek Cabarrus County, North Carolina By: Lisa R. Gaffney Biologist Field investigation conducted during the week of August 22, 2022 Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. ca m www.wetlands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Nexus Mill Creek - Threatened / Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Nexus Mill Creek site (+/- 17.19 acres) is located just north of NC Hwy 73, just west of Kannapolis Parkway, and just south of Old Macedonia Ct., in Cabarrus County, North Carolina. It can be found on the Kannapolis, NC USGS Topographic Quadrangle Map; latitude is 35.4379 N, longitude is -80.6812 W. The topography is gently to moderately sloped. The elevation ranges from 670 to 700 ft. (Figure 1). The site features mid successional abandoned residential yards, farmland, and wooded slopes and drainage flowing to Afton Run Creek. Figure 1: LOCATION Lat: 35.4379 oN Long:-80.51312 °W H L/C: 03040105 ROCKY FIGURE 1 Acre: +I 17-19 ❑a/23/27 7 f PROJECT BOUNDARY STUDY LIMITS • U SGSQUAD Kannapolis, NC 1993 SCALE 1:24,UOU NEXUS MILL CREEK Cabarrus Co., NC USGS MAP Subfecr ro US4CE/NCOE4 verification Prepared for. Blue Ridge Companies Drawn 3y: Reviewed By: ELK ALL AFTON RUN J�1 van • r,�il•��� weAnds,md Emireamental Raving Croup Leor+end S. eirdner. rni,nd.pnk?.verwar racoal I7II1I 90471.77 „ . asade ensml VVE P G Proiect # 00812 Wetlands and Environmental Planning Group 2 Leonard S. Rindner, PLLC. Nexus Mill Creek - Threatened / Endangered / Protected Species Evaluation Figure 2: VICINITY MAP Imagery Provided by Bing Maps 2020 FIGURE 2 +t- 17.19 02/23/21 Davodson 141,. NExuS MILL cReEK Cabarrus Co., NC VICINITY MAP Subject to USA CE/NCOEQ verification \A/ E PG Proiect # 00812 Wetlands and Environmental Planning Group PROJECT BOUNDARY STUDY LIMITS Prepared for: Blue Ridge Companies Drawn By: BLK AFTON RUN Reviewed By: ALL 73.) Davidson hw. weWnds and Environmental Planning Group 4eon2rd $. It5ndner, PLLC Ien.rindrorpwetlands-epg.cmn {704} 9042277 vnw,,,wedands epgenm 3 Leonard S. Rindner, PLLC. Nexus Mill Creek - Threatened / Endangered / Protected Species Evaluation Figure 3: AERIAL MAP Imagery Provided by Bing Maps 2020 FIGURE 3 Acres: +j- 17.19 02/23/21 NEXUS MILL CREEK Cabarrus Co., NC VICINITY MAP Subject to USACE/NCQEQ verification Prepared for: Blue Ridge Companies Drawn By: BLK Reviewed By: ALL Wetlands and Emrironmere I P Laoriard 5. Rlndrrer, PLLC. Ien.rindn,er@wetly (704)904-2277 rrww.wedands-epgmm \A/ E PG Proiect # 00812 Wetlands and Environmental Planning Group 4 Leonard S. Rindner, PLLC. Nexus Mill Creek - Threatened / Endangered / Protected Species Evaluation Figure 4: NRCS SOIL MAP P pi CI. 31 - 4I.sSD Erie I, TRI16.,)t.y tCi Pap p _ .. cCk4 \ rlii jilli - - • � PROJECT BOUNDARY STUDY LIMITS _ -_ 11P. ti 1,00110P—P 1116t,' • ride2 111ii r fir,; err. NRCS Soil Survey Manuscript Cabarrus County 1988 �.v Ill T Map Unit Symbol Map Unit Name Acres in AO1 Percent of AOl ChA Chewacla sandy loam. 0 to 2 0.4 2.6% percent slopes, frequently flooded EnB Enon sandy loam, 2 to 8 percent slopes 7.1 50.9% EnD Enon sandy loam, 8 to 15 percent slopes 6.5 46.5% Totals for Area of Interest 14.0 100.0% FIGURE 4 Acres: +/- 17.19 NEXUS MILL CREEK Ca harms Co., NC Prepared for: ■� ■ Blue Ridge Companies Wetlands and EnNmnmenW Planning Group a��3�2 SOIL SURVEY MANUSCRIPT MAP Subject to USACE/AICi7E4 verification Drawn By: BLK Reviewed By: Leonard s. wndnx, PLLc- lene n.nndr[alwei:u+dsm -epg.co ALL (704}504-2277 www-wedands-epg.corn \A/ E PG Proiect # 00812 Wetlands and Environmental Planning Group 5 Leonard S. Rindner, PLLC. Nexus Mill Creek - Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service IPaC website https://ipac.ecosphere.fws.qov/location/517FDVMOWJE2NOLPUPYQ7B5M2M/re sources was referenced to determine the occurrence of Threatened, Endangered and Protected species for the Nexus Mill Creek site in Cabarrus 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 week of August 22, 2022. Table 1: Threatened / Endangered / Protected Species listed for the Nexus Mill Creek site in Cabarrus County, NC *Source: US Fish & Wildlife Service IPaC **Data search on August 22, 2022 Group Name Federal Status Vascular Schweinitz's sunflower Endangered Plants (Helianthus schweinitzii) Vertebrate Northern Long -Eared Bat Threatened (Myotis septentrionalis) Vertebrate Bald Eagle Protected (Haliaeetus leucocephalus) WE P G Proiect # 00812 Wetlands and Environmental Planning Group 6 Leonard S. Rindner, PLLC. Nexus Mill Creek - Threatened / Endangered / Protected Species Evaluation SPECIES DESCRIPTIONS: One plant species with federal protection was listed as potentially occurring on the Nexus Mill Creek site: • 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 on the Nexus Mill Creek site. • Bald Eagle (Haliaeetus Ieucocephalus), 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 features mid successional abandoned residential property, farmland, and wooded slopes and drainage flowing to Afton Run Creek. The site is disturbed with old dirt roads and trails. There are overhead power lines paralleling the roadsides along Hwy 73 and Kannapolis Parkway. The disturbed mixed hardwoods on site are dominated by White Oak (Quercus alba), Post Oak (Q. stellata), Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Willow Oak (Q. phellos), Pignut Hickory (Carya glabra), Shagbark Hickory (C. ovata), Sweetgum (Liquidambar styraciflua), Yellow Poplar (Liriodendron tulipifera), Cottonwood (Populus deltoides), Hackberry (Celtis laevigata), American Elm (Ulmus americana), and White Ash (Fraxinus americana). Subcanopy species include Flowering Dogwood (Corpus florida), American Holly (Ilex opaca), Mulberry (Morus rubra), Winged Elm (Ulmus alata), Black Cherry (Prunus serotina), Eastern Red Cedar (Juniperus virginiana), and Black Gum (Nyssa sylvatica). Shrubs include Black Haw (Viburnum prunifolium), Heart's-a- burtstin (Euonymus americanus), Blueberry (Vaccinium spp.), Chinese Privet \A/ E P G Proiect # 00812 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Nexus Mill Creek - Threatened / Endangered / Protected Species Evaluation (Ligustrum sinense), and Russian Olive (Elaeagnus angustifolia). Vines present are Japanese Honeysuckle, Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). Herbs present include Christmas Fern (Polystichum acrostichoides), Ebony Spleenwort (Asplenium platyneuron), Spotted Wintergreen (Chimaphila maculata), Running Pine (Lycopodium flabelliforme), Downy Rattlesnake Plantain (Goodyera pubescens), and Japanese Stilt Grass (Microstegium vimineum). The assemblage of plants growing under the power lines and uncut areas near the roadsides includes Fescue (Festuca spp.), Sericea Lespedeza (Lespedeza cuneata), Goldenrod (Solidago sp.), Blackberry (Rubus spp.), Broomsedge (Andropogon virginicus), Splitbeard (A. ternarius), Dogbane (Apocynum cannabinum), Groundsel (Senecio sp.), Johnson Grass (Sorghum halepense), White clover (Trifolium repens), Rabbit Tobacco (Gnapthalium obtusifolium), Beggars Ticks (Desmodium sp.), Thoroughwort (Eupatorium sp.), St. John's Wort (Hypericum punctatum), and Cocklebur (Xanthium strumarium). Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower along the roadsides, power line rights -of -way, transitional areas and woods edges were examined, and the species was not observed. WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur on the site. • No suitable habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. WEPG concludes Bald Eagle (Haliaeetus /eucocepha/us) does not occur on the site. • Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htm Is/project_review/N LE B_in_WNC. htm I) WEPG concludes the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. WEPGProi ect # 00812 8 Wetlands and Environmental Planning Group Nexus Mill Creek - Threatened / Endangered / Protected Species Evaluation 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 August 23, 2022 WE P G Proiect # 00812 Wetlands and Environmental Planning Group 9 Leonard S. Rindner, PLLC. Nexus Mill Creek - Threatened / Endangered / Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained Botanist and 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 1997-1998. Organized, directed, and worked in field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed, and worked in 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 45,000 acres in North and South Carolina, 1996 - present. • Located and identified at least six previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified four previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Located a previously unknown population of Federally Endangered 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. WE P G Proi ect # 00812 10 Wetlands and Environmental Planning Group Cultural Resources Report R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706 • Fax: 770-345-0707 August 8, 2022 Mr. Heath Caldwell Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Limited Cultural Resources Literature Review Nexus Mill Creek Development Tract Kannapolis, Cabarrus County, North Carolina R.S. Webb & Associates No. 22-649-188 Dear Mr. Caldwell: BACKGROUND During August 2022, R.S. Webb & Associates (RSWA) conducted a limited cultural resources literature review for the proposed Nexus Mill Creek development tract in Kannapolis, Cabarrus County, North Carolina. The project area covers approximately 13.9 acres and is located northwest of the intersection of State Route (SR) 73 (Davidson Highway) and Kannapolis Parkway in northwestern Cabarrus County (Figure 1). For this study, a cultural resource is defined as a discrete area of human activity that is at least 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries, and historic landscape features. The purpose of the current study was to determine if certain previously recorded cultural resources are located within the project area. METHODOLOGY Through the State Historic Preservation Office's (SHPO) HPOWEB database, information was reviewed regarding National Register of Historic Places (NRHP) properties, Cabarrus County surveyed -only historic resources, local landmarks, state study -list sites and historic resources determined by the SHPO to be eligible for the NRHP. During this limited literature review, the North Carolina Office of State Archaeology (OSA) was not consulted. Historic county maps were examined online through North Carolina Maps, a collaboration of the University of North Carolina, the State Archives of North Carolina, and the Outer Banks History Center. Historic aerial photography and additional historic maps were accessed through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/ and/or Alabamamaps.ua.edu. The following primary sources were found to be useful in searching for historic resources within and adjacent to the project area: 1891 Official Military Atlas of the Civil War (Davis et al. reprinted, 1983) 1910 USDA Cabarrus County Sheet Soil Map Circa 1921 Rural Delivery Map of Cabarrus County Findings - Limited Cultural Resources Literature Review, Nexus Mill Creek Tract, Cabarrus County Page 2 August 8, 2022 . 1930, 1938 and 1967 State Highway and Public Works Commission Map of Cabarrus County 1949 Kannapolis, NC 7.5-minute quadrangle 1969 Kannapolis, NC 7.5-minute quadrangle 1956, 1965, and 1983 aerial photographs of Cabarrus County 1993-2018 Google Earth aerial photography. RESULTS National Register of Historic Places: There are no NRHP-listed historic properties located within 1.0 km of the current study tract. Cabarrus County Historic Resources: The HPOWEB database identifies no state Study List sites, local landmarks, properties determined eligible for the NRHP, or surveyed -only historic resources within 1.0 km of the study tract. Revolutionary War Actions/Features: There were no recorded Revolutionary War military engagements in Cabarrus County. The closest such known events took place in northwest and central Mecklenburg County, more than 20 km west and southwest of the project area (Lewis 2021). Civil War Actions/Features: Review of the Civil War military atlas (Davis et al. 1983) revealed that no Civil War infantry engagements occurred in or near Cabarrus County. Maps indicate that Union cavalry were active north, west, and southwest of the Cabarrus County area. While it is possible that scouting or raiding could have taken place nearby, there is no indication of Civil War military activity in or near the study tract (Davis et al. 1983). Historic Cemeteries: The USGS topographic maps reviewed show no mapped cemeteries within at least 1.0 km of the project area. There was, however, a cemetery located on a tract of land south of Davidson Highway and the project area, but this cemetery was relocated in 2007. Structures and Features on Historic Maps and Aerial Photographs: Maps from the first quarter of the 20th century shows a primary road passing along the northeastern study tract boundary, a remnant of which is current -day Old Macedonia Court (Figure 1). The maps also show a secondary road passing southward through or near the project area and buildings located north and southwest of the study tract boundaries. The 1930 county highway map depicts the current route of SR 73 in place, while a building appears in the study tract on the 1938 highway map. A dwelling and an outbuilding are present in the study tract on the 1949 USGS topographic map. Maps from 1967 and 1969 show Odell Church adjacent to the southwestern study tract boundary, two buildings in the southwestern part of the project area, and one building in the northern portion of the study tract (Figure 1). Aerial photographs dating to 1956 show all except the central part of the study tract in cultivation. These photographs show: multiple buildings (i.e., a farmstead) in the northeastern part of the project area; two independent buildings in the southwestern portion of the study tract; and a single building in the northwest part of the project area (Figure 1). Aerial photographs from 1965 and 1983 show transition of project area land from cultivation to pasture. The aerials also show: loss of several buildings at the project area farmstead; a loop road and buildings located southwest of the project area (1965) where a church was present by 1983; and the loss of one building and the addition of another building in the northwestern section of the study tract after 1965. The course of Roger Dale Findings - Limited Cultural Resources Literature Review, Nexus Mill Creek Tract, Cabarrus County Page 3 August 8, 2022 Carter Boulevard cut off the connection of the historic road corridor north of the project area from SR 73; construction of Kannapolis Parkway and Macedonia Church Road by 2006 isolated the section of historic road known as Old Macedonia Court. CONCLUSIONS There are no NRHP-listed properties or otherwise recorded historic resources located within 1.0 km of the study tract. Likewise, no mapped cemeteries are located within or adjacent to the study tract. OSA was not consulted during this literature review, so the presence/absence of archeological sites within the project area is unknown. Historic maps and aerial photographs indicate an early 20th century roadway passing along the northern project area boundary that fell out of use in the 21st century. There was also a farmstead complex and agricultural use of the study tract throughout the 20th century. CLOSING COMMENTS Mr. Caldwell, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, R.S. WEB& ASSOCIATES Neil J. wen Senior istorian Attachments: Figure 1 aiJ i/( Robert S. (Steve) Webb President and Senior Principal Archeologist REFERENCES Davis, G.B., L. J. Perry and J. W. Kirkley, compiled by C. D. Cowles 1983 Atlas to Accompany the Official Records of the Union and Confederate Armies. Reprint of the 1891-1895 edition. The Fairfax Press, New York. Lewis, J.D. 2021 The American Revolution in North Carolina. Internet -Online. Found at: http://www.carolana.com /NC/Revolution/home.html. Accessed July 2022. Road Course Established by ;1930 A Structure on Historic Maps and Aerials Map Reference: 7.5-Minute USGS Quadrangle Kannapolis (1993), NC Early 20th Century Road System Scale 0 610 meters 0 2000 feet Figure 1 Proj ect Area and Cultural Resources