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
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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
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07106123 Approximate Location, For Study Purposes Only 227 W Trade St. STE 1610 F
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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.
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len. rind n e r @wetlands-e p g.t o m
(704)904-2277
www.wetiands-epg.com
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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.
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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