Loading...
HomeMy WebLinkAbout20231060 Ver 1_Iley Meadows_DRB_NWP_PCN submittal_20230727Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW - Prepare file folder ❑ Begin Date (Date Received): Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Iley Meadows (Formerly Harrisburg Tracts - Original JD) 2. Work Type: VPrivate ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: The project is being proposed as a residential development. Excavation of the site will use standard equipment - excavator, dump trucks, track hoe, etc. 4. Property Owner / Applicant [PCN Form A3 or A41: DRB Group 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Jeff Levi/Patrick Kealy/Wetlands & Environmental Planning Group - Leonard S. Rindner, PLLC 6. Related Action ID Number(s) [PCN Form 135b]: SAW-2021-01567 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]: 35.27278,-80.64415. 53.535 acres (4) parcels including 10151 Robinson Church Rd, Harrisburg, NC 28075 8. Project Location —Tax Parcel ID [PCN Form B l a] : 55059841670000, 55059716030000, 55150850850000, 55150767950000 9. Project Location —County [PCN Form A2b]: Cabarrus 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Harrisburg 11. Project Information — Nearest Waterbody [PCN Form 132a]: McKee Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Rocky / 03040105 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 29 Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 Leonard S. Rindner, PLLC. Wetlands and Environmental Planning Group July 13, 2023 M s. K rysta Styga r U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue Asheville, NC 28801-5006 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 Street Asheville, NC 28801 Subject: Pre -Construction Notification for NWP#29 for the 54.54 acre Iley Meadows (Formerly Harrisburg Tracts — SAW-2021-01567), in Cabarrus County, North Carolina. Ms. Stygar and Messrs. Wojoski, and Hamstead, Enclosed is a Request for Nationwide Permit #29 for the Iley Meadows project on 54.54 acres east of Robinson Church Road of north of Peach Orchard Road in Cabarrus County, NC. The site is a proposed residential development and consists of two streams and three wetlands. A Preliminary Jurisdictional Determination request (SAW-2021-01567) was submitted and approved on February 1, 2023. Please note that the project has changed names from Harrisburg Tracts to Iley Meadows. An additional lot from an existing adjacent development has been added since the JD approval. There are no Waters of the U.S. on this additional lot. Please refer to the Jurisdictional Determination and Approvals section for updated information on onsite surface waters which reflects the revised name of the project and more accurate dimensions of streams and wetlands as the features have since been professionally surveyed. As shown on the attached exhibits, the proposed project will include permanent impacts to two streams to extend existing culverts and one immediately adjacent wetland to accommodate the required widening of Robinson Church Road. The second set of minor wetland impacts are proposed to facilitate the access road off Robinson Church Road. Overall impacts to site surface waters associated with the proposed development were limited through site selection Charlotte Office: www,wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 Ien.rindner@wetlands-epg.com 1 Leonard S. Rindner, PLLC. AEPG Wetlands and Environmental Planning Group location, design, and location/orientation of the proposed access routes. The total proposed permanent impacts proposed include 119 linear feet (0.0098 acres) of stream and 0.03979 acres of wetland impacts. It was not possible to avoid impacts further due to the centralized location of the stream and wetlands near Robinson Church Road which is being required to be widened. Efforts of impact minimization were implemented during the design to preserve the existing hydrology and limit adverse effects to existing, onsite natural habitat. The applicant has demonstrated substantial avoidance and minimization efforts. Utilities will utilize existing connections and no impacts are proposed for installation of utilities. Due to the minimal impacts of permanent stream and permanent wetland impacts, no mitigation is being proposed. 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. Also enclosed is a copy of the Cultural Resources Evaluation report for the site. No NRHP-listed properties, recorded archeological sites, determined -eligible properties, study -listed resources, designated local landmarks, cemeteries or otherwise recorded cultural resources are located within the study tract. The closest known cultural resource is a prehistoric archeological site (31CA259) located 320 m northeast of the project area; this site is recommended ineligible for the NRHP. Thank you for your consideration and please contact me if you have any questions, (828) 699- 3697 or email at jeff.levi@wetlands-epg.com. Sincerely, Jeff Levi, Biologist Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner@wetlands-epg.com www,wetl an ds-epg. co m 2 Len Rindner, PWS Principal Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville. NC 28805 C O V d d Q L. N CL Permit Application oN W R rE�QG 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: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ 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: ❑ Yes ❑X No For the record only for Corps Permit: ❑ 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In 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: Iley Meadows (formerly called Harrisburg Tracts in original PJD) 2b. County: Cabarrus 2c. Nearest municipality / town: Harrisburg 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Iley Martha F Strawn Trustee; Smith Janice & Ward Miriam; Bilbro David & Sandra 3b. Deed Book and Page No. bk# 14248, pg. 0235 ; bk# 566 pg. 0208; bk# ----, pg. ---- 3c. Responsible Party (for LLC if applicable): 3d. Street address: 2823 Providence Rd unit 345; 10580 Robinson Church Rd; 10555 Peach Orchard Rd 3e. City, state, zip: Charlotte, NC 28211 ; Harrisburg, NC 28075; Harrisburg, NC 28075 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jeff Levi 5b. Business name (if applicable): Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28227 5e. Telephone no.: 828-699-3697 5f. Fax no.: 5g. Email address: I jeff.levi@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 55059841670000; 55059716030000; 55150850850000 1b. Site coordinates (in decimal degrees): Latitude: 35.2728 Longitude:-80.6442 1 c. Property size: 53.54 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: McKee Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: 03040105- Rocky 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 project area currently consists of agricultural land, forested land, roadside edges, utility corridors, and residential homes. General land use in the vicinity is agricultural and residential developments. 3b. List the total estimated acreage of all existing wetlands on the property: 0.0872 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 481 3d. Explain the purpose of the proposed project: The project is being proposed as a residential development. 3e. Describe the overall project in detail, including the type of equipment to be used: Excavation of the site will use standard equipment - excavator, dump trucks, 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 priorphases) in thepast? ❑X Yes ❑ No ❑ Unknown Comments: SAW-2021-01567 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): WEPG Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A PJD request was submitted and verified by USACE on 02/01/2023 (SAW-2021-01567). See JD section for details and updated project boundary. 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 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ 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) W1 P Fill Seep No Corps 0.036 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.00312 W3 P Fill Bottomland Hardwood Forest Yes Corps 0.00067 W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.03979 2h. Comments: W1: Wetland A W2: Wetland D W3: Wetland D 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 Per Strm Wallace Creek PER Corps 4 63 S2 P Culvert Int Stream C INT Corps 3 52 S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 115 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 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 O2 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 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 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Due to the location of the on site streams and wetlands, opportunities to completely avoid these areas were limited. Impacts to site surface waters associated with the proposed development were limited through site selection, location, design, & location/orientation of the proposed lots and access routes. The stream impacts and the main wetland impact are from a required road widening. Existing culverts need to be extended to accomodate. An additional small wetland impact is proposed for the access road. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize to onsite/adjacent offsite receiving conveyances. There will be no stream or wetland impacts for utilities. Culvert replacement to extend to accomodate the road widening has been designed to minimize impacts. The access road has been located to minimize impacts to wetlands while accomodating the project requirements and goals. 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 ❑X No 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 El 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: 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 Yes X 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 ❑ Yes ❑X 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 ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 27 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: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan is being reviewed by Cabarrus County and is designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Cabarrus County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Cabarrus County ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ 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 ❑ Yes ❑X 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 El 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 (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? El 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 ❑Yes ❑X 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. 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 ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X 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/Endangered species assessment was conducted in which no species were identified. A T&E/Protected species evaluation report is included with this submittal. 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 ❑ Yes ❑X 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? See attached Cultural Resources report 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? https://location.cabarruscounty.us/mapcabarrus/; www.fema.gov Jeff Levi 07-03-2023 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Leonard S. Rindner, PLLC Mail - Pre -filing meeting request - Harrisbur... https://mail.google.com/mail/u/O/?ik=3Oa21c80ed&view=pt&search=a... Jeff Levi <jeff.levi@wetlands-epg.com> Pre -filing meeting request - Harrisburg Tracts - Robinson Church Road 1 message Jeff Levi <jeff.levi@wetlands-epg.com> Mon, Mar 13, 2023 at 11:28 AM To: 40lPreFile@ncdenr.gov Contact Name: Jeff Levi Contact Email Address: jeff.levi@wetlands-epg.com Project Owner: DRB Group Project Name: Harrisburg Tracts - Robinson Church Road Project County: Cabarrus Owner Address: 227 West Trade Street, Suite 400, Charlotte, NC 28202 Transportation Project: No Type(s) of approval sought from the DWR: 401 Water Quality Certification 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?: Andrew Pitner/Roberto Scheller Please give a brief project description below and include location information.: The Harrisburg Tracts - Robinson Church Road project is a proposed residential community with proposed wetland and stream impacts for road widening and a neighborhood access road that is located east of Robinson Church Road, north of Peach Orchard Road, south of Harrisburg, Cabarrus County, NC. Jeff Levi Wetlands & Environmental Planning Group Leonard S. Rindner, PLLC 828-699-3697 1 of 1 4/10/2023, 10:34 AM Jurisdictional Determination & Approvals FOXWOOD ACRES • :a Harrisburg VICINITY MAP THE MiLL5 MIDDLETON COO' ENTRY 3EEMAN MCMILLIAN ACR' STATES SITE BACK CREEK ` CHURCH RDAD MD NTER45A BELLE4--., PORTERS PEACH' D,RCHARD LANDING 2r r��t�fr #� @ 2021 M i--mcft Corporation @ 2021 TomTom CLARE HAVEN LITCHIREID ABBINGTON VILLAGE KENSINGTON FOREST Robinson ELM R1 Church Rd LOCATION Lat: 35.27278 2N, Lon:-80.64415 2W HUC: 03040105 (Rocky) MAGNOLIA jLcs*' SPRINGS MCMILLIAN ACRES ckY P �e 4td WEATHERSTONE Ro HICKORY RIDGE Harris Teeter — BRADFORD PARK Approximate Site Location CHESTNUT HILLS (+/-) 53.535 acres CABARRUS WOODS BRITLEY c c a BELLEGROVE Peach Orchard Rd STEEPLE -CHASE 2500 feet 500 rn Source: https://www.bing.com/maps/ P ACH ORCHIARD 02021 TomTom, 0OpenSueetWn Acres: ILEY MEADOWS Drawn By: Reviewed By: FIGURE (+�-) 53.535 Cabarrus County, NC PJK/JAL 2 Date: Prepared for: VICINITY MAP DRB Group 07106123 Approximate Location, For Study Purposes Only 227 W Trade St. STE 1610 r • • r Subject to USACE and NCDEQ verification Charlotte, NC 28202 Ob r� 1� • + ` p At IL 9 -A .4 4 4 1 $ 0 -it- I INV At 0; , ;�• •�, If AV • �* - �•JAN 4.�=• r i� 4 it "' ��-, i /•�• A� - ,. ,Project Bou: Study Lirr IL .- -4 *f AL • .f . r w • * r N + Val-• E _ $ Source: https://www.bing.cow 1 r �• ZIP or F, a� Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len. rind n e r @wetlands-e p g.t o m (704)904-2277 www.wetiands-epg.com USGS MAP - Harrisburg, NC Quadrangle (1993) ri Project Boundary � Study Limits 53.535 acres 11� !r n ~ f0 _ 4r' 0 Unnamed Tributary to Reedy Creek s`t0 c l o i � 1 • LOCATION • "� �' Lat: 35.27278 2N, Lon:-80.64415 2W N HUC: 03040105 (Rocky) Feet • • o sao soo sao 1.200 ■ ■ Acres: ILEY MEADOWS Drawn By: Notes: FIGURE (+/-) 53.535 WEPG Cabarrus County, NC (PJK/JAL) 4 Date: USGS Map — Harrisburg, NC Quad. (1993) Prepared for: DRB Group 07106123 Approximate Location, For Study Purposes Only 227 W Trade St. STE 1610 F Subject to USACE and NCDEQ verification Charlotte, NC 28202 NRCS ARCHIVED SOIL MAP — CABARRUS COUNTY • �� i � f �r .�. � — :fir •r � � � �► - i - i Mpg Project Boundary F rL i' Study Limits 53.535 acres rT 1• .+ � V E10 oo EnG F} V 1 IF or N _ Feel 0 300 600 900 7,200 A °- LOCATION United States Department of Agriculture, Natural Lat: 35.27278 2N, Lon:-80.64415 2W 11 Resources Conservation Service. 1988. HUC: 03040105 (Rocky) 46m Soil survey Cabarrus County, North Carolina. Sheet 5 Acres: ILEY MEADOWS Drawn By: Notes: (+/-) 53.535 WEPG FIGURE Cabarrus County, NC (PJK/JAL) 5 Date: NRCS PUBLISHED SOILS MAP Prepared for: DRB Group 07106123 (Cabarrus County, NC. Sheet 5) 227 W Trade St. STE 1610 F Subject to USACE and NCDEQ verification Charlotte, NC 28202 ZOZ8Z JN `0110Iaey0 UOIJDD!f!.laA33VSn o] jaalgn5 0191315-is apeilMLZZ AananSliosgaM/ddy/noO-epsn'AOOO'as•%anansliosgamH:sd;;y M dnoaE) 8214.IofP deal AananS IpS qaM SMN = m D �3 d a.Inda.I tD LL ° n (ier/)irdl DN /�lunoD snaaegeD �Jd3M S£S'£S (/+) O TdTm:sa ON :Aq umn.Ia :sa.Iay SMOGV3W A311 009M 003M ONM o0Eo086 oozm OOlFS18E OOOEOB6 OD&'L% N M S.$E o0B M.S BE .08 CD. O d rigr� M .ZS .B£ " r�8 T N l) 5 > 'o 7 � co 'w l0 'o y in Q � O 11 O V m z o m C m x 4 o C Q U a N O N � N v z-Qiiiic 2U M.ZS NSF dw QI O08f:06E 0099DK OO6006E OOE£06E 00M E OOLEOBE OOOEOBE 005Z0EE -DI ZOZ8Z JN '0110lae4J UOIJDD!f!-IaA33VSn o] jaalgnS tLZZ-"6 0191 31S -is apeal M LZZ AanansllosgaM/ddy/noO-epsn•noOa•as•%anansllosgamH:sd;;y M dnoaE) aaa Sul;eb IIoS �IJPAH — deW AananS IpS qaM SDUN D v a o Ion pa Ioda Id (led)ird) sas,as(-/+ DN '/�lunoD snaaegeD - - C9 LL o o �Jd3M :saON :AgUmo.Ia :Sa.Iay SMOGV3WA311 00%MC 009M oo6£(3G£ 00cm oomw CUM � M S .aE " F'M a: �J.?'�'�CE Lt1tZGiC W C W Q1 a co CV o{j [u o 0 o � C C = C C 2 Z Z Z C= 9 a m z cn C .? ID Q m 0 Z x 7 O S d) U a ,°n o g � o — �� � N O R O z U Do0Q7EE I 006ZD6£ M.ZSa a0a �.�' �II ZOZ8Z JN `allolae4J UOIJDD!f!.laA33VSn o] joalgnS 44 e • I OL9L 31S -is apeil M LZZ AaiunsllosgaM/ddy/noO•epsn•noOa•as•%anansllosgamH:sd;;y M dnoaE) aaa puagal - AananS IpS qaM SMN = c� D a O Ion pa Ioda Id OvOirdl DN /��uno� snaaege� LL C o EJd3M S£S'£S(-/+) :sa ON :Aq umo.Io :sa.Ioy SMOGV3W A311 D Q c� o /A /"� fE U `o Z _ c O y 'i (B U A Q m A Q' U 0 0 0 0 0 0 0 0 0 0 00 O 00 N f- f- (fl N O � ('7 � O Lf] O O 0 � O a r 0 c m U G7 a O O O � O lfi 00 M N O 00 I- co t` cfl N Cfl Co 00 C9 N M 0 a y N U a R uo O O O O O o Ln o E vi 0 N N N aO rn N a0 � Q p O lC 0 � y OL E y E � � Q � ], o o o •� � Q o o � o Q — o o� 0 � vi � � � rn R � `m c m c � `m � o � i' � � a� N � a�i 0� a�i y � y Q. co O N � O O� Y Q � Y �� cui OU O -� O� w Q E Q N ap N O N U U w w �� i!i � N L d O � fd) uoiJnaif!aan b3GDN pun 33VSn oj jaa(gnS n.l(I Aluo sasodind Apnis aoj W m zozszorv'a33oIJe4J DN 'AjunoD snaaegeD 0191 31S IS @Pell M LZZ SMOdb 3 W Ail l " o dnoaE) SUG :.lofpa.loda.ld dVVY AHOiN3AN1 SdMdll3MIVNOIiVN of Ln s` N 0 - V O 00 c0—°�a —� C m v Z Ln Ln O c 0 0J im _ �`am oa O p m M - \ c m E 3 O of O 00 M 0 Oy + U N N In 0 C M m OR O - � E VJ Crt: , 0 cu LA C ny 'h- C � � L a 2 i w ia° _ * ' s : a) L N E QI « m co -O + 7-R p a ,. 3 �A C A- ❑ n k C C t ■� H r _0 _O co aaYY ry" J • C C Z [B a) o 0 0 cu a CD M En 7 w 0 ❑ m w ± O < 2 Z � U \/ OL 0 § 0 ok %7 » ® c / \ Lu 0 M// z �E k �� Ln w \k \° � ��\/ \- k\\ \ ) w LO C14 c \ 83 CD CD q 2 R 6 6 0 0 2 2 LLI \\ coco LU 2 & $ � m � O w m k Q5 & 2 E4 m § J § \ w L « k § \G cn F- § � a w \\ c k k k \ \ 2 0 0 0 0 & / % % I- j k \\\ \ q 00 0 0 mi � � � k a 2 E E c 0 \ LU w � § <co \ \\\ \ / 2 / \\\ \ 2 N O O O O O O O O O O O O O O O O W) (O OO W) aO Lf) (O (O N Lr) Lr) Lr) Lr) Lr) O O O O O O O O O O o? o? o? o? o? O O O O O O O O O O O O O O O N (2 O V w) N N N 00 N Cl) N N N N N Lr) Lr) Lr) Lr) Lr) W W W W W Q Q Q Q Q W W W W W z z z z z J J J J J W W W W W DODO(-) W W LU H H of of of O O U U U O O QQQLLLL Cl) O (O lf) I� O lf) OO O O O N O O O O O N N N N N N N N C C Q Q Q J J O O()()()ww �IW W W z z (� of of of _ a- a- a- W W W W W > > 0 0 0 E � 000 LL LL LL V Cl) a_ a_ a_ of Q' Q Q Q Q z z z z J J J J 0000 of of of Q' Q Q Q Q U U U U of of of ry 0000 z z z z Y a� a� U U U E (0 — z U I E co � U Q m � (n 0 _0 _0 c coo coo coo E c SAW-2021-01567 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01567 County: Cabarrus U.S.G.S. Quad: NC -Harrisburg NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: DRB Group James Martin Address: 227 West Trade St, Suite 1610 Charlotte, NC 28202 Telephone Number: 704-634-1703 E-mail: jmartin(Wrbuoup Size (acres) 53.21 Nearest Town Harrisburg Nearest Waterway Reedy Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.27278 Longitude:-80.64415 Location description: The Harrisburg Tracts project is located on three parcels including 10151 Robinson Church Road in Harrisburg, Cabarrus County, North Carolina. Parcels: 55059841670000, 55059716030000, 55150850850000 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 6/30/2021. 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 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 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ 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 permit 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 ❑ 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. ❑ There are waters, including wetlandson 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. ❑ 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. ❑ 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 SAW-2021-01567 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. ❑ The waters, including wetlands 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 years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are 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. ❑ 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 this determination and/or the Corps regulatory program, please contact Steve Kichefski at (910) 251-4584 or kvle.w.b arnes(&usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 2/1/2023. D. Remarks: REMARKS 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/deternimation 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) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will 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: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL 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: 2/l/2023 Expiration Date of JD: Not apolicable SAW-2021-01567 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 our Customer Satisfaction Survey, located online at https://re ug lator,�.ops.usace.army.mil/customer-service-survey/. Copy Furnished (via email): Agent: WEPG Patrick Kealv Address: 1070 Tunnel Rd. Buildingl, Suite 10 Asheville, NC 28805 Telephone Number: 828-442-1419 E-mail: Patrick.kealvnwetlands-ena.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: DRB Group, James Martin File Number: SAW-2021-01567 Date: 2/1/2023 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPenuits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having deternimed that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Adnimlstrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Adnimlstrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Steve Kichefski ADMINISTRATIVE APPEAL REVIEW OFFICER Asheville Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 151 Patton Avenue, Room 208 ATLANTA, GEORGIA 30303-8803 Asheville, North Carolina 28801 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(a USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Steve Kichefski, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: Click here to enter a date. B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wetlands & Environmental Planning Group, Patrick, Kealy, 10612-D Providence Road, PMB 550, Charlotte, NC, 28277 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Harrisburg Tracts, Charlotte Regulatory Field Office D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 53.21 acres (3) parcels including 10151 Robinson Church Rd, Harrisburg, NC 28075 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Cabarrus City: Harrisburg Center coordinates of site (lat/long in degree decimal format): Latitude: 35.27278 , Longitude:-80.64415 Universal Transverse Mercator: 17s, WGS84 Name of nearest waterbody: McKee Creek ❑ E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Type of aquatic Geographic authority to Latitude Longitude aquatic resources in resources (i.e., which the aquatic resource Site Number (decimal degrees) (decimal degrees) review area (acreage wetland vs. non - 'may be" subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404) Wetland A 35.27223000 -80.64589000 0.024 acres Wetland Section 404 Wetland B 35.27213000 -80.64555000 0.006 acres Wetland Section 404 Wetland D 35.27205000 -80.64566000 0.003 acres Wetland Section 404 Intermittent 165 linear feet Non -wetland 35.27214000 -80.64568000 Section 404 Stream C 0.015 acres waters Perennial 310 linear feet Non -wetland Stream 35.27385000 -80.64525000 Section 404 0.050 acres waters Wallace Creek 1)❑The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PID is hereby advised of his or her option to request and obtain an approved ID (AID) for that review area based on an informed decision after having discussed the various types of IDs and their characteristics and circumstances when they may be appropriate. 2) An any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PID, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PID; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PID constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PID, the ID will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PID finds that there "may be" waters of the U. S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Fig 1_Approximate Wetland Map, dated 06/30/21 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U. S. Geological Survey map(s). Cite scale & quad name:1:24000 Harrisburg NC Quad. (1993), Fig. 4 dated 06/30/21 ® Natural Resources Conservation Service Soil Survey. Citation: Cabarrus Co. NC, Sheet 5, 1988: Fig. 5 dated 06/30/21. ® National wetlands inventory map(s). Cite name: Fig 7: National Wetlands Inventory Map, dated 07/14/21 ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Fig 3. Aerial Map dated 06/30/21 or ®Other (Name & Date): Harrisburg Tracts_Photo log, photos 1-6 dated 06/03/21 ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): Fig 6: NRCS Soils Map Hydric Rating, dated 06/30/21. Fig 8: Tax Parcel Map, dated 06/30/21 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Signature and date of Regulatory staff member completing PJD Click here to enter a date. �) 1�_ I 07/14/21 Signature an d date person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW - Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Harrisburg Tracts Begin Date (Date Received): Assign Action ID Number in ORM ❑ 2. Work Type: VPrivate ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: Preliminary Jurisdictional Determination Request 4. Property Owner / Applicant [PCN Form A3 or A41: DRB Group - James Martin 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Patrick Kealy/Wetlands & Environmental Planning Group - Leonard S. Rindner, PLLC 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form B lb]: 35.27278,-80.64415. 53.21 acres (3) parcels including 10151 Robinson Church Rd, Harrisburg, NC 28075 C 8. Project Location —Tax Parcel ID [PCN Form Bla]: 55059841670000, 55059716030000, 55150850850000 9. Project Location —County [PCN Form A2b]: Cabarrus 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Harrisburg 11. Project Information — Nearest Waterbody [PCN Form 132a]: McKee Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Rocky / 03040105 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # L✓J Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. July 12, 2021 Assigned Project Manager U.S. Army Corps of Engineers Charlotte Regulatory Field Office — Wilmington District Subject: Request for Preliminary Jurisdictional Determination for the 53.21 -acre Harrisburg Tracts site, in Harrisburg, Cabarrus County, North Carolina 28075. To Whom It May Concern, Enclosed is a Request for a Preliminary Jurisdictional Determination for the 53.21-acre Harrisburg Tracts site. The site is composed of three parcels including 10151 Robinson Church Rd, north of the intersection with Peach Orchard Rd in Harrisburg, NC. See attached vicinity map (Figure 2). The site is a proposed residential development consisting of three wetlands totaling approximately 0.033 acres and two streams totaling approximately 475 linear feet. We would like to seek concurrence on the enclosed request at your earliest convenience. Thank you for your consideration and please contact me if you have any questions, (828) 442 - 1419 or email at patrick.kealy@wetlands-epg.com. Sing ly, Patrick J. Kealy Biologist Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. rindn er@wetlands-epg.com www.wetiands-epg.com Leonard S. Rindner PWS Principal Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 (828) 442 - 1419 patrick.kealy@wetlands-epg.com urisdictional Determination Reauest US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http: //www. saw. usace. army. mil/M ssions/Re._ ul�atoiyPermitProgram/Contact/Coun!yLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 FaxNumber: (252) 975-1399 WILNIINGTONREGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: (3) parcels including 10151 Robinson Ch. Rd. City, State: County: Harrisburg , NC Cabarrus Parcel Index Number(s) (PIN): 55059841670000, 55059716030000, 55150850850000 B. REQUESTOR INFORMATION Name: James F. Martin (DRB Group) Mailing Address: 227 West Trade St., Suite 1610 Charlotte NC 28202 Telephone Number: 704-634-1703 Electronic Mail Address: jmartin@drbgroup.com Select one: ❑ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultanti ❑✓ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: See attached forms/tax parcel map Mailing Address: Telephone Number: Electronic Mail Address: ' Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION' 4 By signing below, 1 authorize representatives of the Wilmington District, U.S. Artily Corps of 1--711gil.lecrs (Corps) to enter upon die property herein described for the Purpose Of conducting on - site lnvestigattoils, if necessary, and Issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act anchor Section 10 of the Rivers and Harbors Act of 1899. 1, the undersigned, and 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 tltc property. BILBRO DAVID M & WIFE SANDRA W Print Name Capacity: ❑✓ Owner ❑ Authorized Agent' E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ 1 Intend to co I1ti(rLict/CleVC k)p a project or perfOrnl activities oil this parcel Which Would be designed to avoid all aquatic resources. 1 intend to canstl-uct/develop a project or perform activities on this parcel which Would be designed to avold al1 jurisdictional aquatic rtSOL11-C:eS Linder Corps authority. ❑t3/ 1 intend to construC/develop a project or perform activities oil this parcel which may acquire authorization from the Corps, and the JD Would be used to avoid and minimize impacts to jUrisdieLlonal aquatic resources and as an initial step in a future permitting process. I inLcnCl to construcL/develop a project or perform activities oil this parcel which may require authorization i"ronl the Corps; this request is accompanied by lily permit application and the JD is to be used in the permitting process. ❑ [ inLend to MISLruct/develop a project or perforn.l 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. A Corps JD is required in order obtain my local/slate authorization. 1. intend to contest jLIFISC cLion over a particular aquatic resource and request lire Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. 1 believe that the site may be coul.prised entirely ofdry land. Other: For NCDOT requests followir11T the current NCDOT/USACE protocols, skip to Part E. here arc multiple parcels Owned by diff'crcnt parties, plcasc f3rnvidc the Iblloti�+ing #br each additional parcel on a Ii-t contirIuation sheet. 1+tust provide a:;ent au1.11067t1tion #or-111/letter signed by owner(s). Version: \+Ia%, 2Ot7 Page 3 jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 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 a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, 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. MARTHA FRANCES STRAWN ILEYTRUST Print Name Capacity: ❑✓ Owner ❑ Authorized Agents JW- "- 3L), W)l 41L -at 0 "It� 1 rya t4-c- Signature E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. Q I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. FJ 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. I intend to construct/develop a project or 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. eA Corps JD is required in order obtain my local/state authorization. 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. I believe that the site may be comprised entirely of dry land. Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATIONS,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 a jurisdictional deterrnination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, 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. SMITH JANICE G, WARD MIRIAM I Print Name Capacity: ❑e0 Owner ❑ Authorized Agents o7M�h QJ Date E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑✓ I 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 to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ 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. ❑ I intend to construct/develop a project or 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. A Corps JD is required in order obtain my local/state authorization. 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. ❑ I believe that the site may be comprised entirely of dry land. 'Q Other: s For NCDOT requests foIIowing the current NCDOT/LJSACE protocols, skip to fart E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,a 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 a jurisdictional 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. SMITH JANICE G WARD MIRIAM I Print Name Capacity: Q Owner ❑ Authorized Agent$ 6/30/21 Date Janice G. Smith Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources_ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. 0 I 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 to j urisdictionai aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or 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. I intend to construct/develop a project or 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. HA Corps JD is required in order obtain my locallstate authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction doestdoes not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other: For NCDUT requests following the current NCDOTIUSACE 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. 5 Must provide agent authorization form/letter signed by owners). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑✓ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓� Size of Property or Review Area 53.21 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.27278 Longitude:-80.64415 zA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' ■ ❑ North Arrow ■ ❑ Graphical Scale ■ ❑ Boundary of Review Area ■ ❑ Date ■ ❑ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ ❑ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ ❑ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ ❑ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ ❑ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hlW://www.saw.usace.army.mil/Missions/Regulatoiy-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request ✓❑ Completed appropriate Jurisdictional Determination form • ❑ PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • ❑ AJDS, please complete an Approved Jurisdictional Determination Fonn8. ✓❑ Vicinity Map ❑✓ Aerial Photograph ❑ USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) zLandscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑✓ NC Division of Water Resources Stream Identification Forms Other Assessment Forms 7 www.saw.usace.army.mil/Portals/59/docs/regulatorv/regdocs/JD/RGL_08-02_App A Prelim JD Form fillable.pdf s Please see http://www.saw.usace.army.mil/Missions/Regulatoa-Permit-Program/Juiisdiction% Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 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: Harrisburg Tracts Property Address: 10483 ROBINSON CHURCH RD, HARRISBURG NC 28075; 10555 PEACH ORCHARD RD, HARRISBURG NC 28075; 10151 ROBINSON CHURCHRD, HARRISBURG NC 28075 Parcel Identification Number (PIN): 55059716030000; 55150850850000; 55059841670000 Select one: I am an interested buyer/seller Name: James Martin Company: DRB Group Mailing Address: 227 W TRADE ST STE 1610 CHARLOTTE, NC 28202 Telephone Number: Electronic Mail Address: 704-634-1703 j martin@drbgroup.com * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property 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-❑ Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len.rindner@wetlands-epg.com 2 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: Click here to enter a date. B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wetlands & Environmental Planning Group, Patrick, Kealy, 10612-D Providence Road, PMB 550, Charlotte, NC, 28277 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Harrisburg Tracts, Charlotte Regulatory Field Office D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 53.21 acres (3) parcels including 10151 Robinson Church Rd, Harrisburg, NC 28075 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Cabarrus City: Harrisburg Center coordinates of site (lat/long in degree decimal format): Latitude: 35.27278 , Longitude:-80.64415 Universal Transverse Mercator: 17s, WGS84 Name of nearest waterbody: McKee Creek ❑ E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Type of aquatic Geographic authority to Latitude Longitude aquatic resources in resources (i.e., which the aquatic resource Site Number (decimal degrees) (decimal degrees) review area (acreage wetland vs. non - 'may be" subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404) Wetland A 35.27223000 -80.64589000 0.024 acres Wetland Section 404 Wetland B 35.27213000 -80.64555000 0.006 acres Wetland Section 404 Wetland D 35.27205000 -80.64566000 0.003 acres Wetland Section 404 Intermittent 165 linear feet Non -wetland 35.27214000 -80.64568000 Section 404 Stream C 0.015 acres waters Perennial 310 linear feet Non -wetland Stream 35.27385000 -80.64525000 Section 404 0.050 acres waters Wallace Creek 1)❑The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PID is hereby advised of his or her option to request and obtain an approved ID (AID) for that review area based on an informed decision after having discussed the various types of IDs and their characteristics and circumstances when they may be appropriate. 2) An any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PID, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PID; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PID constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PID, the ID will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PID finds that there "may be" waters of the U. S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Fig 1_Approximate Wetland Map, dated 06/30/21 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U. S. Geological Survey map(s). Cite scale & quad name:1:24000 Harrisburg NC Quad. (1993), Fig. 4 dated 06/30/21 ® Natural Resources Conservation Service Soil Survey. Citation: Cabarrus Co. NC, Sheet 5, 1988: Fig. 5 dated 06/30/21. ® National wetlands inventory map(s). Cite name: Fig 7: National Wetlands Inventory Map, dated 07/14/21 ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Fig 3. Aerial Map dated 06/30/21 or ®Other (Name & Date): Harrisburg Tracts_Photo log, photos 1-6 dated 06/03/21 ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): Fig 6: NRCS Soils Map Hydric Rating, dated 06/30/21. Fig 8: Tax Parcel Map, dated 06/30/21 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Signature and date of Regulatory staff member completing PJD Click here to enter a date. �) 1�_ I 07/14/21 Signature an d date person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. (n (n (n W LU U U U Z Z W W W - - � [if [ifLU LU a a a W W W W W > > 0 0 0 [if [if N 0 O U (j O O O W W W v m a a a [if [if z z z z z z z z z z J J J J J 00000 U U U U U S S S S S 00000 z z z z z I d 7 � N 0 ON �y y +4 00 a C OL - z IL U R Z L ca n v Q. 0 0 N 7 V C N m i -j a m Lu 0 Nv~iU N Ln CDLn Sri — co cma) Ln (O W N 0 � U O O O O M O Q O O O O Ln O m LLI Ln O Ln Sri J M (7 Q W W U Y Q ai L Q U w ~ U cn cn N W 0 W E Q Q U ca LU 0 Q N W U Z L Q v, a w � °) N w a < 'c O J Q E a J J J LU 0 0 0 0 cn 5 a co awl N O O M M CS CD CD CD O QU O O O O O 0 Z J 0 Q m 0 J ~ LU z OLU J LU N N N 0 wor8da-spuepam-mmm LLZZ-b06 (i OL) wo:)'Sda-spuepam o�uaupuuval 'Jlld 'Jaupu!d 'S pJuuoal dnoaE) Swuueld leluawuoalnu3 pue spuepaM FOXWOOD ACRES • :a Harrisburg VICINITY MAP THE MiLL5 MIDDLETON COO' ENTRY 3EEMAN MCMILLIA" ACV STATES SITE BACK CREEK ` CHURCH RDAD MD NTER45A BELLE4--., PORTERS PEACH' D,RCHARD LANDING 2r rmFt ' @ 2021 M i--mcft Corporation @ 2021 TomTom CLARE HAVEN LITCHREID ABBINGTON VILLAGE KENSINGTON FOREST Robinson ELM R1 Church Rd LOCATION Lat: 35.27278 2N, Lon:-80.64415 2W HUC: 03040105 (Rocky) MAGNOLIA jLcs*' SPRINGS MCMILLIAN ACRES ckY P �e 4td WEATHERSTONE Ro HICKORY RIDGE Harris Teeter — BRADFORD PARK Approximate Site Location CHESTNUT HILLS (+/-� 53.21 acres CABARRUS WOODS BRITLEY c c a BELLEGROVE Peach Orchard Rd STEEPLE -CHASE 2500 feet 5DO rn Source: https://www.bing.com/maps/ 02021 ToomTom, 0OpensueatWn Acres: HARRISBURG TRACTS Drawn By: Reviewed By: FIGURE (+/-) 53.21 Cabarrus County, NC PJK/JAL 2 Date: Prepared for: VICINITY MAP DRB Group 06130121 Approximate Location, For Study Purposes Only 227 W Trade St. STE 1610 r • • r Subject to USACE and NCDEQ verification Charlotte, NC 28202 r� 1� • + ` p Ob At IL It Study Lirr rProject Bou: d•• ��jr.�: i■ � .�ra� i • .f a 1 � f L r C L IN •• + . � Val-• E L _ $ ,ii,.k Source: https://www.bing.coli Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len. rind n e r @wetlands-e p g.t o m (704)904-2277 www.wetiands-epg.com USGS MAP - Harrisburg, NC Quadrangle (1993) • Project Boundary- � Study Limits 53.21 acres Unnamed Tributary _ to Reedy Creek � l f 0 • �D � 1 ■ • . • u • • • ". • _,,� • • ■ 1 Feet Acres: HARRISBURG TRACTS Drawn By: Reviewed By: FIGURE (+/-) 53.21 Cabarrus County, NC PJK/JAL 4 Date: USGS Map — Harrisburg, NC Quad. (1993) Prepared for: DRB Group 06130121 Approximate Location, For Study Purposes Only 227 W Trade St. STE 1610 F ■ Subject to USACE and NCDEQ verification Charlotte, NC 28202 NRCS ARCHIVED SOIL MAP — CABARRUS COUNTY • �� i � f �r .�. � — :fir .r � � � �► - i - i *JD Mpgim � 4 � M Y 5 Project Boundary rL i' Study Limits 53.21 acres 4 St gr4�� t oo V * End F� } V 1116 Eno IF .. �. End - ,; = f N Feel n D 300 600 900 7,200 I"V , LOCATION Lat: 35.27278 2N, Lon:-80.64415 2W *! HUC: 03040105 (Rocky) Acres: HARRISBURG TRACTS FIGURE (+/-) 53.21 Cabarrus County, NC 5 Date: NRCS PUBLISHED SOILS MAP 06130121 (Cabarrus County, NC. Sheet 5) Subject to USACE and NCDEQ verification 'r United States Department of Agriculture, Natural Resources Conservation Service. 1988. Soil survey Cabarrus County, North Carolina. Sheet 5 Drawn By: Reviewed By: PJ K/JA L Prepared for: DRB Group 227 W Trade St. STE 1610 F Charlotte, NC 28202 M zS .SE " ZOZ8Z JN `0110Iaey0 UOI]oJlfl.laA33VSn o] joalgnS tLZZ-"6L 0191 31S -is apeil m / zz AananSliosgaM/ddy/noO-epsn'AOOO'as•%anansliosgamH:sd;;y LU H dnoaE) aIon pa Inda Id aa deal �(ananS IpS qaM SMN = m 3 I 1p o m wr/�rd iz ss (/+) DN 'AlunoD snaaegeD ° LL o TdTm:Aq pamalnab :Aq umn.Ia :Sa.Ioy si:)vui E)un8SIBHVH 009M oD5£O6£ OOKWE OG<£2 OQZE06E IAAOftl. Cf OD&'L% r M N � Ml t L T a l) 5 > 'o 7 � co 'w l0 'o y in Q O � V mO o — m Z b .a m m x 4 C OJ Q U t i a a N O a � N a z-Qiiiic 2U AA.ZS BE dw O08E06E 0099DBE 0O6EO6E DXE06E OWM E DOLE06E 090i.'06E O06ZD6E .n,: M S .aE " ZOZ8Z JN '0110lae4J UOIJDD!f!-IaA33VSn o] jaalgnS tLZZ-"6 0191 31S -is apeal m / zz AanansllosgaM/ddy/noO-epsn'AOOO-as•%anansllosgamH:sd;;y y dnoaE) aaa Sul;eb IIoS �IJPAH — deW �(ananS IpS qaM SDUN v Ion pa Ioda Id D a oM C7 w C wr/)Ird iz ss( /+ /� �N 'lunoD snaaegeD LL o :Aq pamalnab :Aq Umo.I(l :Sa.Iay si:)vui !Dzjn8SRRIb/H di FC a: 7... mom Mu �J.?'�'�CE Lt1tZGiC w Q1 a Co CV o [u o c o Q� �• �+ [a = �+ .0 .0 2 Z '0 Al > t Z Z C= 9) ❑ ❑ ❑ ❑ ❑ 9 a m z cn U7 .a ID Q m 0 Z x 7 O S G1 U g � o — �� � N �� O Uf z Gii4 R O Z U OOOa"bBE I 006ZD6£ M.ZSa a0a �.�' �II ZOZ8Z JN 'allolae4J UOIJDD!f!.laA33VSn o] joalgns 44 e • I OL9L 31S -is apeil M LZZ AaiunsllosgaM/ddy/noO•epsn•noOa•as•%anansllosgamH:sd;;y y dnoaE) aaa puagal - AananS IpS qaM SMN = c� = o Ion pa Ioda Id C7 pC3 IVOIN iz•ss(-/+) DN 'AlunoD snaaegeD LL o :Aq pamalnab :Aq umo.I(i :Sa.Ioy si:)dai 9anaSlaab/H D Q c� o /A /"� fE U `o Z _ c O y (,� 'i (B U A Q m A Q' U 0 0 0 0 0 0 0 0 0 0 00 O 00 N f- f- (fl N O � ('7 � O Lf] O O 0 � O a r 0 c m U G7 a O O O � O lfi 00 M N O 00 I- co t` cfl N Cfl Co 00 C9 N M 0 a y N U a R uo O O O O O o Ln o E vi 0 N N N aO rn N a0 � Q p O lC 0 � y OL E y E � Q � ], o 0 o •� � Q o o � o Q — o o� o 0 � o N �� -o � vi � � � rn � coi R � `m c m c � `m � o � i' � � a� N � a�i a�i y � y Q. � co O N � O O� Y Q � Y O� cui OU O -� O� w Q E Q N ap N O M� N U U w w i!i � N L d O � 'R R rd uoiJnaifiaan D3GDN Pun 33VSn o] ]aa(gnS na(I Aluo sasodind Apnis aoj W N zozszorv'a33oIJe4J DN 'AjunoD snaaegeD I� \ 0191 31S IS @Pell M LZZ Slab 2il J2i f18Sl2i2ib H " o dnoaE) SUG :aofpaandaad dVVY AHOiN3AN1 SdMdll3MIVNOIiVN of � � � oo' >,E Ln N s` Imo `mom Se ° c a LO U _ fC • _ m op u m ym� 3 0 0 C p 0 J r,4 _ H a m c a 0 of OM 0 �4:< a 00 O Oy ± N a - - v may � N N N D N L 6 In �+ C Y 0_ N 7 cu LA C � L a 2 i w ia° N E QI • m ca -O (D �y, _ fF Q ;. Q m n _ A- N .Wwti r Lp O r _0 _O a) a) [B w ! -A' . o o O _ o N ul in W W a� ~ 0 ❑ - lHf/1IN :SdJJr/ aiC, UMDJQ ZOZ8Z JN 'allolJe40 019131S-is apeJ1MLZZ dnoag 8214 :JOf pa.IDda-ld uoi;eai;ia0nb3QJN pue 3Dvsn of pafgns -Aluo sasodind Apn;s ao3 �SJSi' DJJp DJdDUD'i]UDOJSDJJp DJUOI]DJO s]]li q � q ���•d DN 'AlunoD snaaegeD sloealOangsiaaeH dVVY 13:)HVd M W " 00 � N 0m p / 4,g� 01 Ln L 1 } v L oo J muj g0 -Se t0 u 00 00 z Ln O o 0 maw �f9 aJ0 +3+ U) L a ± O of OM 00 O it � _ � LU LL 0 G30 J 00 motif co 630 m W 4�0 - O Q ?) Lno<Q �. �n w o w Z m z 0 b amvQi� 4 Q J W %; 0 X j PD ° L o O V + O Ln O Q m r" N O C Q ,•� 0 < w V Q w Ln N qT m Z w -i m a J H ca N 00 ! •� O _ oo 00 cc O % W G N n V Q O Ln V Ln Z < ca 0 Ps o . PHOTO 1: View of Wetland A, facing upslope. DATE/TIME: 2021:06:03 — 15:46:00, COORDINATES: 35.27242,-80.64592 PHOTO 2: View of Intermittent Stream C, facing upslope. DATE/TIME: 2021:06:03 — 16:28:00, COORDINATES: 35.27202,-80.64563 West Boulevard Extension; Mecklenburg County, NC WCP—G — Representative Landscape Photographs Wetlands and Environmental Planning Group Leonard 5. Rindner, PLLC. PHOTO 3: View of Wetland B, facing downslope. DATE/TIME: 2021:06:03—16:26:00, COORDINATES: 35.27197,-80.6457 PHOTO 4: View of Perennial Stream Wallace Creek, facing upslope. DATE/TIME: 2021:06:03—14:19:00. COORDINATES: 35.27419.-80.64493 West Boulevard Extension; Mecklenburg County, NC WCP—G — Representative Landscape Photographs Wetlands and Environmental Planning Group Leonard 5. Rindner, PLLC. PHOTO 5: View of non -aquatic feature (gully or swale), facing upslope. DATE/TIME: 2021:06:03 — 14:30:00, COORDINATES: 35.27385,-80.64489 PHOTO 6: View of non -aquatic feature (gully or swale), facing upslope. DATE/TIME: 2021:06:03 — 12:40:00, COORDINATES: 35.27323,-80.63833 ..W-EP- Wetlands and Environmental Planning Group West Boulevard Extension; Mecklenburg County, NC Representative Landscape Photographs Leonard 5. Rindner, PLLC. U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Harrisburg Tracts City/County: Harrisburg/Cabarrus Sampling Date: 06/03/21 Applicant/Owner: State: NC Sampling Point: DP1: wtld A Investigator(s): WEPG Section, Township, Range: Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): concave Slope (%): 1-2% Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.27223 Long:-80.64589 Datum: NAD84 Soil Map Unit Name: SfB: Sedgefield Sandy Loam NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation N Soil N or Hydrology N significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation N Soil N or Hydrology N naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Data Point #1 (DP1) is representative of Wetland A. Conditions were "Normal' compared to the 30 year normal range. (Antecendent Precipitation Tool for this location on 06/03/21) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _Saturation (A3) X Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) X Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) _Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) _Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG JUL 2018 Eastern Mountains and Piedmont — Version 2. VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1: Wtld A Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 2 (A) 3. Total Number of Dominant 4. Species Across All Strata: 2 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 80 x 2 = 160 1. FAC species 10 x 3 = 30 2. FACU species 0 x 4 = 0 3. UPL species 0 x 5 = 0 4. Column Totals: 90 (A) 190 (B) 5. Prevalence Index = B/A = 2.11 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is <-3.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Cyperus pseudovegetus 50 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Juncus effusus 20 Yes FACW present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Acer rubrum 10 No FAC 4. Persicaria pensylvanica 10 No FACW Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6. height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft (1 9. m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless of 11. size, and woody plants less than 3.28 ft tall. 90 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 45 20% of total cover: 18 height. Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Data Point 1 study plot was located in a power line right-of-way cleared of tree and sapling/shrub layers ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version SOIL Sampling Point: DP1: Wtld A Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0-5 7.5YR 4/4 100 Loamy/Clayey 5 - 16 7.5YR 4/2 85 7.5YR 5/6 15 C M Loamy/Clayey Prominent redox concentrations 16 - 20 7.5YR 5/2 100 Type: C=Concentration, D=Depletion, RM=Reduced Matrix. MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) —Hydrogen Sulfide (A4) —Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) —Sandy Mucky Mineral(S1) —Sandy Gleyed Matrix (S4) —Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Harrisburg Tracts City/County: Harrisburg/Cabarrus Sampling Date: 06/03/21 Applicant/Owner: State: NC Sampling Point: DP2: Upld Investigator(s): WEPG Section, Township, Range: Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): concave Slope (%): 1-2% Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.27212 Long:-80.64595 Datum: NAD84 Soil Map Unit Name: EnD: Enon Sandy Loam NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation N Soil N or Hydrology N significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation N Soil N or Hydrology N naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Data Point #2 (DP2) was taken approximately 35' south and west of Wetland A (DP1). Conditions were "Normal" compared to the 30 year normal range (Antecendent Precipitation Tool for this location on 06/03/21) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) —Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) _Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG JUL 2018 Eastern Mountains and Piedmont — Version 2. VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP2: Upld Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 2 (A) 3. Total Number of Dominant 4. Species Across All Strata: 4 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 50.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 0 x 2 = 0 1. FAC species 20 x 3 = 60 2. FACU species 10 x 4 = 40 3. UPL species 30 x 5 = 150 4. Column Totals: 60 (A) 250 (B) 5. Prevalence Index = B/A = 4.17 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. _ - Prevalence Index is <-3.0' =Total Cover -3 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Erechtities hieracifolius 30 Yes UPL 'Indicators of hydric soil and wetland hydrology must be 2. Liquidambar styraciflua 10 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Lonicera japonica 10 Yes FACU 4. Acer rubrum 10 Yes FAC Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6. height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft (1 9. m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless of 11. size, and woody plants less than 3.28 ft tall. 60 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 30 20% of total cover: 12 height. Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) Data Point 2 study plot was located in a power line right-of-way cleared of tree/shrub layers ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version SOIL Sampling Point: DP2: Upld Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture 0-8 7.5YR 3/3 100 Loamy/Clayey 8 - 20 7.5YR 4/6 100 Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix. MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) —Hydrogen Sulfide (A4) —Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) —Sandy Mucky Mineral(S1) —Sandy Gleyed Matrix (S4) —Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Remarks 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X STREAM REACH EVALUATION FORM Data Point: DP3 Name: Int Strm C Date: 06/03/21 1 Evaluator: I WEPG Easting: -80.64568 W Project: Harrisburg Tracts - DP3: Intermittent Stream C Northing: 35.27214 N Total Points: Stream is at least intermittent if > 19 or perennial if > 30* 22.5 (right -click the purple number and left -click Update Field to summarizepoints) A. GeomorphologyGeornorphology Absent Weak Moderate Strong SCORE 1a. Continuity of channel bed and bank 0 1 2 3 2 2. Sinuosity of channel along thalweg 0 1 2 3 2 3. In -channel structure: riffle- / step- pool sequence 0 1 2 3 0 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic floodplain 0 1 2 3 1 6. Depositional bars or benches 0 1 2 3 1 7. Recent alluvial deposits 0 1 2 3 1 8. Headcuts 0 1 2 3 1 9. Grade controls 0 0.5 1 1.5 .5 10. Natural valley 0 0.5 1 1.5 .5 11. Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 10.0 a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hydrology 12. Presence of Baseflow 0 1 2 3 1 13. Iron Oxidizing Bacteria 0 1 2 3 1 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 .5 16. Organic debris lines or piles Wrack lines 0 0.5 1 1.5 .5 17. Soil -based Evidence of high water table? No = 0 Yes = 3 3 Hydrology Subtotal 7.0 C. Biology 18. Fibrous roots in streambed 3 2 1 0 2 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance) 0 1 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 .5 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Biology Subtotal 5.5 * perennial streams may also be identified using other methods. See page 35 of NCDWQ manual. Notes: Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their Origins. (version 4.11) STREAM REACH EVALUATION FORM Data Point: DP4 Name: Per Strm Wallace Creek Date: 06/03/21 1 Evaluator: I WEPG Easting: -80.64525 W Project: Harrisburg Tracts - DP4: Perennial Stream Wallace Creek Northing: 35.27385 N Total Points: Stream is at least intermittent if > 19 or perennial if > 30* 34.5 (right -click the purple number and left -click Update Field to summarizepoints) A. GeomorphologyGeornorphology Absent Weak Moderate Strong SCORE 1a. Continuity of channel bed and bank 0 1 2 3 3 2. Sinuosity of channel along thalweg 0 1 2 3 2 3. In -channel structure: riffle- / step- pool sequence 0 1 2 3 3 4. Particle size of stream substrate 0 1 2 3 3 5. Active/relic floodplain 0 1 2 3 1 6. Depositional bars or benches 0 1 2 3 2 7. Recent alluvial deposits 0 1 2 3 1 8. Headcuts 0 1 2 3 0 9. Grade controls 0 0.5 1 1.5 1 10. Natural valley 0 0.5 1 1.5 1 11. Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 17.0 a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hydrology 12. Presence of Baseflow 0 1 2 3 2 13. Iron Oxidizing Bacteria 0 1 2 3 1 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 .5 16. Organic debris lines or piles Wrack lines 0 0.5 1 1.5 1 17. Soil -based Evidence of high water table? No = 0 Yes = 3 3 Hydrology Subtotal 8.5 C. Biology 18. Fibrous roots in streambed 3 2 1 0 3 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance) 0 1 2 3 1 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 .5 23. Crayfish 0 0.5 1 1.5 .5 24. Amphibians 0 0.5 1 1.5 .5 25. Algae 0 0.5 1 1.5 .5 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Biology Subtotal 9.0 . perennial streams may also be identified using other methods. See page 35 of NCDWQ manual. Notes: Fish, crayfish observed. Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their (version 4.11) Origins. ,as Plans/Exhibits o0 aw mm HICKORY RID OE RDo) }1Yq`' // \� O m = Eno Y--____ —iWW O W mod' �Z\GROUP QO4 �c� ao o N 3v ZI=In oN �L7��oUo J3=o II amy�jN �� oy oa }} \I I I\I/\l\ \ / Ld U W `n Of W = r Vl o > IY11I//T)<1j3jf1/i� o w o /M /Ym l / 44 `1'\3\ \ -0c9 `, I //r s1 5� IV l/ji't If IV/��ll 1�Vv���V ��l VVillhl�I<1 J Ir����/ 11'\il J2 VA�A\III IINI\��A�A�sa ��� � � z� VAV�f i /A\, V / \ AC%AVA��� �r�w �Q- ' ° m i% i -- 40 Sac 1111 �p ���s � -- F�.S�' /ems'�p HEN « /AND NO SNISO \ HICKORY RIDGE RD O / i _ . / Z 0 o o �, _ _ O Z� ------ 49 W W O W N d' �� o �iliOP Q OR z \A �Z a U �> Ob \ \11 �1� 1 \ / /� W W O_ = W y > F > . Pw AV)., 1 \ \ 6pI w L� L� LL: Or rnrn U) oc n N II —_ � • .1 1 A J 7 tT r r Q I W o ° o Ix 0 O as m N p r r a0 >> 0 0 yy i c] M m m 0. r LL4 r I UN aagz a v~i3� Mo V - nzw �- a J aUFw \\\�\\\� uo 2 l:� NN mM Zo o� WaJWQ ZQQiQooYwu� O d In� � � V VO 'RA�1 � 1�� Q Q p cs o �I 1140IV J ovo HJbnH3 osN18oa i J11 � A� �� �•// J �'-/�y�l'V 1 1 �z ? V—A II u A A \ V \ \ \\ \ C\ 1 dz)w3 T \ \ \ \ \ \ \ oz)wO xQ p UVo \\ \ \ \ VAAcnwm• A V as V AVM A A \ \ w3? / (99 nN0 NOSNIgo t 9 ---_i a ' o co J Z 0 N Q Z 0o S U � r Q U - o M o Z �GROUP :z U In a N � � 3 to W W d = m W y S W �p o ....._ v3Hl ... ., a n ci \ Oa Z ICJ \ _ W I r w �No� w� r LoNg,�� Ip�rv�Q m Ora > II II �K��I���S• —_ �V `�� .'/- _—���1 ,-r... 9' / i zcri � m<u) ��9 w�wwO Z Q � .' c.i /�I pti % / �'���—� KO Iodo arc�r wwddlr // NOno o / r / C a / i Zvrnl go / / ILvl__fA —Z iL O / w 3a m U J a -�4r-� Lei[ wu O Z 1MN I / GU'zwo wW 3L) �Oi ��� ---- < i < (99 ovoa 10 CN �� W Z CDLn r 1-N O 00 (D - N O 00 (D w o o CO m coo L Ln Sti•909 o 9t'909 + U Q O OVOa HOanHO ° 8£ 119 O - III I 0 8S'l19 + (6 MH) 00'669 :1nb '3'1 I J °� o (06 80 180) 9L'9 :NI '3'1 '.. --- _ _ oo o (86 dW0 X3) lS'D W -3.1 _ _ -_ Z 'CT9' .WRf :_.... _ .� :......... V6 8f 'd0a — — x a U 0 (V6; 8f) DL 869NI '3'I - ro O o 8b'86S O a v N O ro o v � N O CD 0 ro a o (D 0)w 8t 865 Q w0 c0 c0 a cco cc ED 0 Ln Elevation HORIZ. SCALE: 1" = 4' w 0 o a wrn o O n O @� f co o N cc) (V8 80) OL'£Z9 4n0 '3'I CO co 'D (9 u zo CO O a8 S3d 'doad /� \\ Q-'v a N N t6'tZ9 + () Zl'oZ9 :1n0 '3'1 (08 S33) 92'DZ9 :NI '3'1 ZL'LZ9 :'0'1 V8 80 'd0ad OVOa HOamHO NOSNI80a I 5£'4Z9 , r �i i i iTi� X O 00 (0 � N O 00 tb 6l9 w N N N N N co (0 c0 (O (D CD Cfl Elevation HORIZ. SCALE: 1" = 4' O O + O O + O 0) w0 I—LL II LU J d� U) N 00 U) 00 W 0 J LL u =_ LU d U �U) N 00 U) Threatened & Endangered Species ~ Report AEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner@wetlands-epg.com ILEY MEADOWS Cabarrus County, North Carolina For: DRB GROUP 227 West Trade Street, Suite 400 Charlotte, NC 28202 Jeff Levi Biologist Wetlands & Environmental Planning Group Field Evaluated. September 21, 2022 June 1, 2023 www.wetlands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Iley Meadows — Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Iley Meadows site is approximately 54 acres and is located east of 1-485, north of Peach Orchard Road, along Robinson Church Road in Cabarrus County, North Carolina (Figures 1 & 2). It can be found on the Harrisburg NC USGS Topographic Quadrangle Map at a latitude of 35.2728 N and longitude of 80.6442 W (Figure 2). The site consists of open canopy areas in agricultural fields and along roadside edges and small areas of oak -hickory forest. The topography is mostly low sloped with steeper slopes along stream valleys. Elevations range from approximately 600 to 660 feet. Figure 1: 1 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Iley Meadows — Threatened/ Endangered /Protected Species Evaluation Figure 2: lV� I Study Limits •� lFA lit i • . LOCATION • • Y7 135.27278 21 Lon:-80.64415 ? W N HUG: 03040105 [Rocky] •. Acres. ILEY MEADOWS pWEPGOV Norer, FIGURE I+/-Y 53,535 wE Ca6arrus County, NC ipJK/JALI 2 Date, USGS Map — HarrisbuNC Quad. (1993] PfePdfea to=: rg, URB Group - 07/06/Z3 Approximate Location, For Study Purposes Only 227 W Trade St, STE 400 Subject to USAGE and NCDEQ verfmtion Charlotte, NC 28202 METHODOLOGY: The US Fish and Wildlife Service's online database (IPaC) was referenced to determine the occurrence of Threatened, Endangered and Protected species for Cabarrus County, North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled and the site was investigated on September 21, 2022. WEPG 2 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Iley Meadows — Threatened /Endangered /Protected Species Evaluation Table 1: Threatened / Endangered / Protected Species listed for Richland County County: Cabarrus, NC *Information contained in this table was obtained from the US Fish & Wildlife Service: https://ipac.ecosphere.fws.gov/location/TNMIVFBAWNFKTGGJTZ437XC3SE/resources Group Name Status Flowering Plants Schweinitz's Sunflower Helianthus schweinitzii Endangered SPECIES DESCRIPTIONS: One plant species with federal protection is included in the survey efforts: • 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). RESULTS: The site is comprised primarily open canopy areas in agricultural fields and along roadside edges and small areas of oak -hickory forest. Open areas along agricultural fields edges and roadside edges have a similar species composition to the adjacent forests and include loblolly pine (Pinus taeda), white pine (P. strobus), eastern red cedar (Juniperus virginiana), oak (Quercus sp.), willow oak (Quercus phellos), white ash (Fraxinus americans), box elder (Acer negundo), hackberry (Ce/tis sp.), black cherry (Prunus serotina), tree of heaven (Ailanthus a/tissima), paw paw (Asimina triloba), and persimmon (Diospyros virginiana). Shrubs include blackberry (Rubus sp.), Chinese privet (Ligustrum sinense), forsythia (Forsythia sp.), multiflora rose (Rosa mu/tif/ora), and St. John's wort (Hypericum sp.). Vines include Japanese honeysuckle (Lonicera japonica), poison ivy (Toxicodendron radicans), Virginia creeper (Parthenocissus quinquefolia), and trumpet creeper (Campsis radicans). Herbs include sericea lespedeza (Lespedeza cuneata), goldenrod (Solidago sp.), Pokeweed (Phyto/acca americans), assorted grasses, fleabane (Erigeron sp.), primrose (Oenothera sp.), Brazilian vervain (Verbena brasiliensis), thistle (Cirsium sp.), wingstem (Verbesena sp.), pink (Dianthus sp.), jimson weed (Datura stromonium), hawkweed (Hieracium sp.), plantain (Plantago sp.), sage (Salvia sp.), Nepalese browntop (Microstegium vimineum), Rumex (Rumex sp.), elephants foot (E/ephantopus sp.), and dog fennel (Eupatorium capillifolium). WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Iley Meadows — Threatened /Endangered /Protected Species Evaluation The oak -hickory forest canopy supports loblolly pine (Pinus taeda), yellow poplar (Liriodenron tulipifera), sweet gum (Liquidambar styraciflua), white oak (Q. a/ba), oak (Quercus spp.), mockernut hickory (Carya tomentosa), hickory (Carya spp.), hackberry, and American beech (Fagus grandifolia). The subcanopy includes winged elm (Ulmus alata), southern sugar maple (Acer floridanum) and transgressives. Shrubs include Chinese privet, blackberry, sacred bamboo (Nandina domestics), and multiflora rose. Vines include Japanese honeysuckle, poison ivy, trumpet creeper, and Virginia creeper. The sparse herb layer supports ebony spleenwort (Asplenium platyneuron), pokeweed (Phytolacca americans), elephants foot, and wood oats (Chasmanthium /atifolium). Threatened / Endangered / Protected Species Results All potential habitats for Schweinitz's Sunflower along the roadsides, power line right-of-way, and wooded edges were examined, and the species was not observed. WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur on the site. RECOMMENDATIONS: Based on the results of the field evaluation the review of available data, we see no potential for a `Take' to occur to any of the protected species discussed within this report. 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, Jeff Levi Biologist June 1, 2023 0 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Cultural Resources Report R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706 • Fax: 770-345-0707 May 22, 2023 Mr. Jeff Levi Leonard S. Rindner, PLLC Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Cultural Resources Literature Review Harrisburg Tract Development Site Harrisburg, Cabarrus County, North Carolina R.S. Webb & Associates No. 23-649-211 Dear Mr. Levi: BACKGROUND During April 2023, R.S. Webb & Associates (RSWA) conducted a cultural resources literature review for the Harrisburg Tract development site located east and northeast of the intersection of Robinson Church Road and Peach Orchard Road, west of McKee Creek, in Harrisburg, Cabarrus County, North Carolina. The project area covers approximately 53 acres in three tax parcels located in southwest 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 buildings/structures, military earthworks, mines/mining features, historic cemeteries, and historic landscape features. The purpose of the current study was to determine ifpreviously 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. Historic county maps were examined online throughNorth Carolina Maps, a collaboration of the University ofNorth 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. Research on recorded archeological sites and cultural resources project reports was performed at the North Carolina Office of State Archaeology (OSA) by Commonwealth Heritage Services, Inc., who then provided RSWA with pertinent information via email regarding recorded archeological sites located within 1.0 mile of the project area. Provided site information includes available site forms, location maps and partial or full reports. Findings - Cultural Resources Literature Review, Harrisburg Tract Development Site, Cabarrus County Page 2 May 22, 2023 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 • 1938 and 1967 State Highway and Public Works Commission Map of Cabarrus County • 1949 and 1969 (revised 1988) USGS Harrisburg, NC 7.5-minute quadrangles • 1956, 1965, 1978, and 1983 aerial photographs of Cabarrus County • 1993-2022 Google Earth aerial photography. RESULTS Previous Archeological Investigations: According to OSA records, at least two cultural resources management projects have been performed within 1.0 kilometer (km) of the project area, both of which took place within 200 in of study tract boundaries (Figure 1). The projects include a survey for a corridor located east of McKee Creek, 150 in east of the project area (Jones 2004), and a large tract survey located astride Crozier Branch Road, 190 in west of the current study tract (Carter and O'Neal 2016). Previous Architecturallnvestigations: According to SHPO personnel, the North Carolina HPOWEB database is the definitive source of architectural survey information for Cabarrus County. The locations of individual properties are plotted, but the limits of the various surveys are not included. National Register of Historic Places: The North Carolina HPOWEB database indicates no NRHP- listed historic properties located within 1.0 km of the study tract. Cabarrus County Historic Resources: The HPOWEB database identifies no state study list sites, designated local landmarks, or properties determined eligible for the NRHP located within 1.0 km of the project area. The database shows three surveyed -only historic resources within 1.0 km of the study tract (Figure 1). These resources are Nos. CA533 (Quay Farm), CAI 590 (Quay -Howie House) and CA597 (Henry Wallace House)], all located within 600 in of the study tract. The location of the closest recorded resource, CAI 590 (250 in southwest), has been redeveloped; the new development appears to surround Resource No. CA533 (400 in southwest). The Henry Wallace House is part of an agricultural building complex located southeast of McKee Creek (aka Wallace Creek on some historic maps), approximately 600 in southeast of the project area. Recorded Archeological Sites: OSA archeological site records show 11 recorded archeological sites recorded within 1.0 km of the project area, two of which (31 CA259 and 31 CA312) are within 320 to 400 in of study tract boundaries (Figure 1). These nearby archeological sites are a prehistoric artifact scatter (31 CA259; 320 in northeast) and above -ground remains of dairy barns at the Quay Farm (31 CA312; 400 in southwest); both sites were recommended ineligible for the NRHP (Carter and O'Neal 2016; Jones 2004). Revolutionary War Actions/Features: There were no recorded Revolutionary War military engagements in Cabarrus County. In January 1781, after the capture and abandonment of Charlotte, the British army crossed the Catawba River approximately 25 km west of the study tract and initiated a running battle -pursuit that passed within perhaps 11 km north of the project area (Lewis 2021). Findings - Cultural Resources Literature Review, Harrisburg Tract Development Site, Cabarrus County Page 3 May 22, 2023 While mustering, bivouacking, foraging, raiding, and skirmishing could have taken place nearby, no such events are known to have occurred in or near the project area. Civil War ActionsIFeatures: 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 Confederate President Jefferson Davis passed from Richmond, Virginia to his capture site in Irwinville, Georgia on May 10, 1864 via Harrisburg (4.5 km north); his Union cavalry pursuers moved generally west from Concord (14.5 km northeast) then to Charlotte, thus bypassing the Cabarrus County area. While bivouacking, 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 cemeteries within 1.0 km of the project area. Major Cultural Features on Maps and Aerial Photographs: Figure 1 illustrates the locations of buildings and roads within or adjacent to the project area based on maps (1910-1988) and aerial photography (1956-2022). Robinson Church Road and Peach Orchard Road have been in place since at least 1910. Historic maps depict two occupational loci within or near the study tract as of 1910. The 1949 USGS map shows one dwelling in the north part of the project tract, and the 1967 highway map shows on outbuilding in the south part of the study tract (Figure 1). Aerial photography shows as many as four buildings being located within the project area during the period of 1956 through1978. Based on map and aerial photography review, no buildings within the study tract are 50 years old as of 2022 (Figure 1). CONCLUSIONS There are no NRHP-listed properties, recorded archeological sites, determined -eligible properties, study -listed resources, designated local landmarks, cemeteries or otherwise recorded cultural resources located within the study tract. The closest known cultural resource is a prehistoric archeological site (31 CA259) located 320 m northeast of the project area; this site is recommended ineligible for the NRHP. Historic maps and aerial photographs indicate that as many as four buildings may have been present in the north part of the project area between 1956 and 1983. As of 2022 aerial photography, no historic buildings appear to be present within the study tract. CLOSING COMMENTS Mr. Levi, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, R.S. WEBB & ASSOCIATES if YcIr Robert S. (Steve) Webb President and Senior Principal Archeologist Attachments: Figure 1 Findings - Cultural Resources Literature Review, Harrisburg Tract Development Site, Cabarrus County Page 4 May 22, 2023 REFERENCES Carter, K. and M.K. O'Neal 2016 Cultural Resources Investigation of the Grantham Subdivision Tract, Cabarrus County, Noah Carolina. Archaeological Consultants of the Carolinas, Inc. Clayton, North Carolina. 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. Jones, D. 2004 Archaeological Survey of Portions of the Charlotte Sandhills Lateral Pipeline, Cabarrus and Mecklenburg Counties, Noah Carolina. TRC Garrow Associates, Inc. Durham, North Carolina. Lewis, J.D. 2021 The American Revolution in Noah Carolina. Internet -Online. Found at: http://www.carolana.com/NC/Revolution/home.html. Accessed February 2022. Recorded Historic Resource —Previous Cultural Resource Project Map Reference: 7.5-Minute USGS Quadrangles Scale Harrisburg (1993) and 0 610 meters Concord SE (1969, PR 1987), North Carolina 0 2000 feet Figure 1 Project Area, Previous Projects and Recorded Cultural Resources