20061341 Ver 2_401 Application_20070207

.~
i ~ CWS
Carolina Wetland Services
~~
February 19, 2007
550 E WESTINGHOUSE BLVD.
CHARLOTTE, NC 28273
704-527-1177 (v)
704-527-1133 (fax)
V2r ~~ - -3~l 1
Mr. Steve Chapin ~pURTESY
U.S. Army Corps of Engineers
151 Patton Avenue COPY
Asheville, NC 28801
Subject: Pre-Construction Notification Pursuant to Nationwide Permit No. 39
Olmsted Subdivision Phase 1B
Charlotte, North Carolina
Carolina Wetland Services Project No. 2007-1818
The Olmsted Subdivision Phase 1B is located in Huntersville, North Carolina, approximately''/z mile
from the Rocky Ford Club Road - Eastfield Road intersection (Figure 1, enclosed). The purpose of
this project is to develop approximately 53 acres into a residential subdivision. John Wieland Homes
has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services
for this project. The project is one phase of a larger project which previous phases have been
authorized by the USACE (Action Id No. 2006-40631-360) and the NCDWQ (DWQ No. 06-1341).
The authorized permits are enclosed. Please see the attached, signed Agent Certification of
Authorization Form. Even though all impacts have been avoided through the use of a bottomless
culvert, Mr. Alan Johnson of the NCDWQ Mooresville Office recommended a submittal for this
phase to tie all phases (including future) together for storm water management purposes for the entire
development.
Applicant Name: John Wieland Homes, Mr. Andrew McCoy
Mailing Address: 8325-D Arrowridge Blvd, Charlotte, NC 28273
Phone Number of Owner/Applicant: 704-522-9200 ~ ,~ ~~ ~j~,7 ~;~ ~~
Street Address of Project: N/A ~~ ~'-'' "~
Waterway: Clarke Creek and UT's to Ferrelltown Creek ~QQ7
Basin: Yadkin River (HU# 03040105) ~ ~`~~ ~Z ~
City: Huntersville
J~~1R - ~R~ER (]UALI
County: Mecklenburg ~-~~Ma, ,+,~tp gTQR~AWATERg~CH
Decimal Degree Coordinate Location of Project Site: N35° 23' 43", W80° 47' 25"
USGS Quadrangle Name: Cornelius, North Carolina, 1996
Current Land Use
The current land use for the project area is wooded with adjacent residential developments and utility
line right-of--ways. Dominant vegetation within the project area consists of ironwood
(Carpinus caroliniana), tulip tree (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), red
cedar (Juniperus virginiana), red elm (Ulmus rubra), red maple (Ater rubrum), Virginia creeper
(Parthenocissus quinquefolia), Japanese honeysuckle (Lonicera japonica), false nettle
(Boehmeria cylindrica), privet (Ligustrum sinense), bedstraw (Galium sp.) and various sedges
(Carex spp.). According to the Soil Survey of Mecklenburg Countyl, on-site soils consist of Cecil
soils (CeD2), Monacan soils (MO)2, and Wilkes loam (WkD, WkE, and WkB). Cecil and Wilkes
t United States Department of Agriculture, 1980. Soil Survey of Mecklenburg County, North Carolina.
CHARLOTTE COLUMBIA RALEIGH
WWW.CWS-INC.NET

February 19, 2007
Mr. Steve Chapin
Page 2 of 3
soils are well-drained and exhibit slow to moderate permeability, while Monacan soils are somewhat
poorly drained and exhibit high water capacity.
Jurisdictional Delineation
On January 24-28, 2005 CWS delineated (flagged in the field), classified, and surveyed using asub-
meter GPS unit, on-site jurisdictional waters of the U.S. using the U.S. Army Corps of Engineers
(USAGE) -Routine On-Site Determination Method. This method is defined in the 1987 Corps of
Engineers Wetlands Delineation Manua1.3 On-Site jurisdictional features were verified by Ms. Amanda
Jones of the USAGE -Asheville Field Office on March 15, 2006
(Action Id. No. 200531604, enclosed)
Agency Correspondence
Cultural Resources
A letter was forwarded to the State Historic Preservation Office (SHPO) on August 17, 2006 to
determine the presence of any areas of architectural, historic, or archaeological significance that
would be affected by the project. Please see the attached response from SHPO dated September 15,
2006.
Protected Species
A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on
May 20, 2005 to determine the presence of any federally-listed, candidate endangered, threatened
species or critical habitat located within the project area. In a response letter, dated June 1, 2005
(enclosed), the NCNHP stated that they have "several records of rare species, significant natural
communities, or priority natural areas within 0.5 mile of the site." CWS conducted a protected
species survey of the site which consisted of a literature and records search, and pedestrian
observations from January 24 through 28, 2005 and concluded that no protected species were found
within the project limits. The potential habitats for the Phase lA and 1B project areas was re-
surveyed during the flowering season on October 26, 2006. No protected species were found within
areas of potential habitat. Please refer to the previously authorized Nationwide Permit submittal
(Action ID No. 2006-40631-360) to review a copy of the Protected Species Report for the entire
subdivision including future phases.
Purpose and Need for the Project
The purpose of this submittal is to notify the USAGE and NCDWQ of the construction of the second
of seven phases of the Olmsted Subdivision. This phase will develop approximately 53 acres of
wooded area into a residential subdivision. Even though all impacts have been avoided, Mr. Alan
Johnson of the NCDWQ Mooresville Office recommended a submittal for this phase to tie all phases
(including future phases) together for storm water management purposes.
Avoidance and Minimization
Impacts to on-site jurisdictional waters of the U.S. have been completely avoided through the use of a
bottomless culvert. Proper sediment and erosion control measures will be used to minimize
disturbances to downstream waters.
z NRCS Hydric Soils of North Carolina, December 15, 1995.
a Environmental Laboratory. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, US Army Engineer Waterways
Experiment Station, Vicksburg, Mississippi.

February 19, 2007
Mr. Steve Chapin
Page 3 of 3
Proposed Impacts to Jurisdictional Waters
The site plan has been designed to avoid all jurisdictional Waters of the U.S. The crossing over
Perennial Stream A will utilize a bottomless culvert design with retaining walls to eliminate any impacts
(Figures 2 and 3). Across-sectional view of the crossing has been included as Figure 3. An approximate
50 foot buffer will be placed on both sides of all avoided stream channels within this phase of the
development.
On behalf of John Wieland Homes, CWS is submitting aPre-Construction Notification Application
with attachments in accordance with Nationwide Permit General Condition No. 13, and pursuant to
Nationwide Permit No. 39 (enclosed).
Compensatory Mitigation
Construction of this phase of the project has completely avoided any impacts to Jurisdictional Waters
of the U.S. Therefore, no mitigation is currently being proposed.
Please do not hesitate to contact us at 704-527-1177 should you have any questions or comments
regarding these findings.
e ,
Gregg C. Ante nn, PWS Ron G. Johnson, PWS
Principal Biologist Project Biologist
Enclosures: USGS 7.5' Cornelius, NC Topographic Quadrangle
Figure 1. Proposed Subdivision Phase 1B Overview
Figure 2. Proposed Crossing -Plan View
Figure 3. Cross-Sectional View of Bottomless Culvert
Pre-Construction Notification Pursuant to a Nationwide Permit No. 39
Agent Certification of Authorization Form
Agency Correspondence
USACE Jurisdictional Verification (Action Id. Nos. 200531604)
Nationwide Permit Nos. 12 and 39 (Phase lA, sewer line) Action ID 2006-4063 1-3 60
NCDWQ Water Quality Certification (DWQ No. 06-1341)
Representative Photographs
cc: Ms. Cyndi Karoly, NCDWQ
Mr. Alan Johnson, NCDWQ
Mr. Andew McCoy, John Wieland Homes
Ms. Wendy Reghi, McKim and Creed
Y:12006~ProjeGS12006-1306 Olmsted Trunk SeHrer AlignmenflPennittingW WP12&39 report.doc

Olmstead Subdivision Phase 1B
Nationwide Permit No. 39 Project No. 2007-1818
7.5 Minute Topographic Map Series, Cornelius, North Carolina, dated 199CJE~~ _ WA7ER QUNLiTY
Approximate Scale 1" = 2000' ~~71ANDSlyyD STQRMWATER BRANCH
1111A~'G <.VUl LGJ,' Vl L11C V.O. <TCV1V~'1Gill JUl VC,' Fig 2 ~ 2007

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Office Use Only: Form Version Apri12001
USACE Action ID No. DWQ No. V a.. O to - 1.3 ~ 1
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
OpU~°TE~Y
I. Processing ~O'P~
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
^ Section 10 Permit
^ 401 Water Quality Certification
^ Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
Nationwide Permit No. 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII -Mitigation), check herd
II. Applicant Information ~
Owner/Applicant Information
Name: John Wieland Homes• Mr Andrew McCoy iu~~ 6 ~""'' ~;,~ ~~ ~uAu
~ nia~r~J.- __--
Mailing Address: 8325-D Arrowridge Blvd r~~ B~wcH
Charlotte North Carolina 28273
Telephone Number: 704-522-9200
E-mail Address:
2. Consultant Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Mr Gre>;~ C Antemann
Company Affiliation: Carolina Wetland Services, Inc.
Mailing Address: 550 East Westinghouse Blvd
Charlotte NC 28273
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: gregg(cr~cws-inc net
Fax Number:
Page 1 of 6

III. Project Information
1. Name of project: Olmsted Subdivision Phase 1B
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): I-77 to Harris Blvd (exit 181,take
Right turn Left onto Old Statesville Rd Right onto Eastfield Left onto Sweetfield
5. Site coordinates, if available (UTM or Lat/Long): N35° 23' 43". W80° 47' 25"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
The existing land use of the project area is wooded with utility line right-of-ways.
7. Property size (acres): 53 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Ferrelltown Creek
9. River Basin: Yadkin River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: The purgose of this submittal is to noti the
USACE and NCDWQ of the construction of the second of seven phases of the Olmsted
Subdivision This phase will develop approximately 53 acres of wooded area into a
residential subdivision Even though all impacts have been avoided Mr. Alan Johnson of the
NCDWQ Mooresville Office recommended a submittal for this phase to tie all phases
(including future phases) together for storm water mana event purposes
11. List the type of equipment to be used to construct the project: A trackhoe and typical
excavation equipment will be used for this project
12. Describe the land use in the vicinity of this project: The land use surrounding the project is
mainly wooded with adjacent residential areas and utili line right-of--ways.
Page 2 of 6

IV. Prior Project History
The Nationwide Permit 12 and 39 and the Water Quality Certification for Phase lA and the
adjacent sanitary sewer line have been received Action ID No 2006-40631-360 and DWQ No.
06-1341.
V. Future Project Plans
Approximately 5 additional .phases of this development will be submitted for review. The
remaining,~phases will be submitted in a combined package to complete the entire development.
VI. Proposed Impacts to Waters of the United States/Waters of the State
1 Watlanrl Tmna~tc
•
Wetland Impact -r --
Located within
Distance to
Site Number Type of Impact* Area of Impact
(acres) 100-year**
Floodplain Nearest Stream Type of Wetland***

(indicate on map)
(es/no linear feet
( )
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not iumtea to: mecnanizea ciearmg, grauuig, r~~~,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Nationwi de Permit No. 39
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma) (linear feet) Before Im act (leases eci )

Stream A Bottomless
O if UT to Ferrelltown 4-6' Perennial
Culvert Creek
'" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: All impacts to on-site
channels will be avoided.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. N/A
Page 3 of 6

Open Water Impact

Site Number
*
Type of Impact Area of

Impact
Name of Waterbody Type of Waterbody
lake, pond, estuary, sound,
(
indicate on ma) (acres (if applicable) ba ,ocean, etc.)

N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not iimnea to: ni-, excavauon, ureagmg,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A
Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Impacts to on-site jurisdictional waters of the U S have been completely avoided through the
use of a bottomless culvert ProRer sediment and erosion control measures will be used to
minimize disturbances to downstream waters.
VIII. Mitigation
Construction of this proiect has completely avoided an~impacts to Jurisdictional Waters of
the U S Therefore no mitigation is currently bein,~,~Uroposed
1. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWItP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Page 4 of 6

Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ^ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify: )?
Yes ^ No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers. N/A
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 3
2 1.5
Total
* Zone 1 extends out 3U feet perpendicular from near eanx or cnannei; gone ~ extends an
additiona120 feet from the edge of Zone 1.
Page 5 of 6

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Sources of nearby impervious cover include roads driveways and rooftops. This protect will
cause an increase in the impervious covera eg_of the_,project area.
XII. Sewage Disposal (DWQ Only)
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.
N/A __
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Construction is scheduled to begin immediately followin rg_eceipt of the appropriate permits.

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 6 of 6

~,.G~l~iT CEI2TIFICATIOIbT OF AgJTI-I®RIZATION
I, Andrew McCoy, representing John Wieland Homes and Neighborhoods, hereby certify
that I have authorized Gregory C. Antemann of Carolina Wetland Services, Inc. to act on
my behalf and take all actions necessary to the processing, issuance, and acceptance of
this Natiomvide Permit and any and all standard and special conditions attached.
We hereby certify that the above information submitted in this application is true and
accurate to the best of our knowledge.
~~
Applicant's signat
~~ t'
Date
Agent's signature
12-7-OS
Date
Completion of this form will allow the agent to sign all future application correspondence.

sue.
~lortil Carolina Department of Environment and Nafioral resources
Michael F, Easley, Governor
June 1, 2005
Ms. Patricia Kelly
Carolina Wetland Services
550 E. Westinghouse Blvd.
Charlotte, NC 28273
William G. Ross Jr., Secretan~
Subject: 450-acre Oakvale Property; Cornelius quadrangle, Mecklenburg County
CWS Project No. 2004-0904
Dear Ms. Kelly:
The Natural Heritage Program has several records of rare species, significant natural
communities, or priority natural areas within 0.5 mile of the site, even though our Program has
no such records directly within the project area.. The enclosed map shows the location of the
Regionally significant Trails End Lane Post Oak Upland natural area, roughly 0.4 mile west of
the western edge of the 450-acre project area. In the southern part of the site is located a
population of the Federally Endangered Schweinitz's sunflower (Helianthus schtiveinitzii), and in
the northern part is a population (at least formerly) of the State Threatened and Federal Candidate
Georgia aster (Symphyotrichzcm [=Aster J geoi°gianum). I have also enclosed a copy of a site
report for the natural area, as well as the data sheets for the two rare plant populations.
Because of the presence of two State/Federal listed plants in the close vicinity of the project, and
because of the very large size of the project - 450 acres, there is a decent chance that one or both
of these species, favoring woodland borders an d open woods, could occur on the property. `JJe
feel that a rare species survey inay be warranted. We have submitted a copy of the information
request to the Asheville office of the U.S. Fish and Wildlife Service (828-258-3939), in order
that they can contact you regarding Section 7 consultation of the Endangered Species Act and
make a determination if a rare species survey is needed.
1601 Maii Service Center, Raleigh, North Carolina 27699-1601 ~ One
°hone: 919-733-4984 ° F,4 :: 919-715-3060 ° Internet: w~rr~v.enr.state.nc.us I ~~JI~1~,~.TU~lila
Cn Frniai Mnnrfnniiv ^ Offirmativa 4ciinn Fmnlnvar - 50 °,~o ReC'/C~ed ° 1l) °o Post Consumer PaOer !/~'~'~~~~~~

you may wish to check the Natural Heritage Program database website at <wtivtiv.ncnhp.or~> for
a listing of rare plants and animals and significant natural communities in the county and on the
topographic quad map. Please do not hesitate to contact me at 919-715-8b97 if you have
questions or need further information.
Sincerely,
~~
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
Enclosures
cc: Mark Cantre,/ll, U.S. Fish and Wildlife Service, Asheville Field Office
HEL/hel

aa. SfAT]' Q,
~ ~m~ ,.
~ -
~ •~~,~
North Carolina Department of Cultural Resources
State Historic Preservation Office
Petet B. Sandbeck, Administrator
Michael F. Easley, Governor
I,isbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
September 15, 2006
Thomas Blackwell
Carolina Wetland Services
550 E Westinghouse Blvd.
Charlotte, NC 28273
Office of Archives and History
Division of Historical Resources
David Brook, Director
Re: Records Search for Olmstead Subdivision and Sewer, Huntersville, Mecklenburg County, ER 06-2292
Dear Mr. Jenkins:
Thank you for your letter of August 18, 2006, concerning the above project. Based on the topographic and
hydrological situation that exists within the proposed project area, we have determined that there is a very high
probability that archaeological sites exist in the project area. We therefore recommend that a comprehensive
archaeological survey be conducted by an experienced archaeologist to identify and evaluate the significance of any
archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown
resources must be assessed prior to the initiation of any earth moving activities. Please note that our office now
requests consultation with the Office of State Archaeology prior to the archaeological field investigation.
Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms, should
be forwarded to us for review and comment as soon as they are available and well in advance of any earth moving
activities.
A list of archaeological consultants who have conducted or expressed interest in contract work in North Carolina is
available at www.arch.d.cr.state.nc.us/consults. The archaeologists listed, or any other experienced archaeologists
may be contacted to conduct the recommended survey.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and considerations. If you have any questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919.733.4763. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
~Y
a
Peter Sandbeck ~}' NAP ~
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone]/733-8653
RESTORATION 515 N. Blount Street, Raleigh NC 4(17 bfail Service Center, Raleigh NC 27(,99-4617 [phone]/715-4801
SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 MaJ Service Center, Raleigh NC 27699-4617 [phone]/715-4801

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200531604 County: Mecklenburg U.S.G.S. Quad: Cornelius
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: John Wieland Homes / Attn: Andrew McCoY
Address: 8325-D Arrowridge Blvd.
Charlotte, NC 28273
Telephone No.: 704-522-9200
Property description:
Size (acres) 450 acres
Nearest Waterway Yadkin
USGS HUC
Nearest Town Charlotte
River Basin Ferrelltown Creek
Coordinates 35.3937548 / 80.7940132
Location description The site is located on the east side of Asbury Chapel Road and north of Eastfield Road, in
Charlotte Mecklenburg County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there maybe wetlands, stream channels, and open waters on the above described
property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered fmal, a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands, stream channels, and open waters on the above described 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 maybe relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands, stream channels, and open waters on your property delineated. Due to the
size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation must be verified by the Corps.
X The wetlands, stream channels, and open waters on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, maybe
relied upon for a period not to exceed five years.
The wetlands, stream channels, and open waters have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on _. Unless there is a change in the law or our published
regulations, this determination maybe 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 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 maybe relied upon for a period not to exceed five years from the date of this
notification.

Action Id. 200531604
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980 x. 231.
C. Sasis For Determination
The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels
located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property includes
Ferrelltown Creek and its unnamed tributaries. Ferrelltown Creek flows into the Yadkin River which ultimately flows to the
Atlantic Ocean through the Winyah Bay in South Carolina. The open water on the site is known as Ferrelltown Lake and is
located on Ferrelltown Creek.
D. Remarks
E. ~~peals Information (This Information applies only to apnroved;urisdlctional determinations as Indicated In
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. 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 South Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by May 15 , 2 0 0 6.
**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:. jn~-'`,=~~ -
Date March 15.2006 xpiration Date March 15, 2011
CF: Carolina Wetland Services, Attn: Gregg Antemann, 550 E. Westinghouse Blvd., Charlotte, NC 28273
2

WIILMII~TGTON DISTRICT
Action ID. 200-40~3f-360 CoLU~ty: ID~Iecklenbur~ USGS Quad: Cornelius
13~I~Ia1RAL P~IIT ~~I~NAL.AINI~ i~1AT~~9N~'~~Ej ~I~~I~'I~A'I'>~~1~
Property Owner /Authorized Agent: John Reiland Domes / Attn: Andrew 1VIcCoy
Address: 8325-D Arrowrid~e blvd.
Charlotte, NC 28273
Telephone No.: 704-522-9200
Size and location of property (water body, road name/number, town, etc.): The proposed sewer line
begins on the south side of South Prom Creek and extends south toward Ea'stfield Road, adiacent
to Perrelltown Creek, in Cornelius,lVlecklenbura County, North Carolina.
Description of projects area and activity: Tltis permit authorizes excavation and placement of riprap
associated with server line installation Impacts to stream channels authorized bV this permit are
4801anear feet (which includes 2751inear feet ot'temporary impacts and 205 linear feet of
permanent impactsl under N'~P #12 This permit also authorizes placement of fill and channel
relocation associated with lot fill and road constrtaction for a residential development. Impacts to
stream channels authorized under NWP #39 are 455 linear feet of unimportant/intermittent stream
channel.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12 ~z 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the per~nittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public. notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to conmzence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit.. If prior to the expiration
date identified below,'the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time; exercise his discretionary authority to modify, suspend, or
revolve a case specific activity's authorization under and NWP:
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occunin~ within the riventy coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the pernuttee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Amanda Jones at 828-271-7980 x231.
Corps Regulatory Qfficial Amanda Jones Date: ~3ctober 5, 2006*

Expiration Date of ~4lerification: IA'1~xc~a 18,.2007,
'Date reflects 45 days from the date a complete application was received.
CF: CWS, Attn: Ron Johnson, 550 E. Westinghouse Blvd., Charlotte, NC 28273

O~O~ W AT F9QG
~ r
---I
o ~
Mr. Andrew McCoy
John Wieland Homes
8325-D Arrowridge Blvd.
Charlotte, NC 28273
Subject: Olmstead S/D and Sewer Trunk Line
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 15, 2006
DWQ# 06-1341
Mecklenburg County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. McCoy:,
You have our approval, in accordance with the attached conditions and those listed below, to impact
725 linear feet (If) (135 If perennial/important intermittent) of unnamed intermittent and perennial tributaries to
Ferrelltown Creek in order to construct the Olmstead Development in Mecklenburg County, as described below
and in your application received by the Division of Water Quality (DWQ) on August 29, 2006.
Impact Type Length of Impact
Permanent rip rap/fill) 450 If
Relocate 210 If
Temporary 275 1f
After revievving your application, we have determined that this project is covered by Water Quality
General Certification Number 3402 and 3374, which can be viewed on our web site at
http~//h2o enr.state.nc.us/ncwettands. The Certification allows you to use Nationwide Permit Numbers 12-and
39 once they are issued to you by the U.S. Army Corps of Engineers. Please note that you should get any
other federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certifications will expire when the associated 404 permits expire unless otherwise
specified in the Certification. This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be required to send us a
new application for a new Certification. If the property is sold, the new owner must be given a copy of the
certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification; you must also comply with the following conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
'proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to construction.
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional w®t,~ndsraa d
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shal~~
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
5. We understand that this is phase I of the project. Mitigation may be required for further impacts at the site.
This may be conducted through contributing to the Ecosystem Enhancement Program (EEP). The In-Lieu-
Of-Fee Coordinator should be contacted at [phone] if you have any questions concerning the EEP.
6. The planting of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in
the streambed, unless approved by the DWQ.
7. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the stream
banks.
8. A final written storm water management plan shall be approved, in writing, by this office or local governing
authority prior to the construction of any permanent facilities at the site. The storm water facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the DWQ. Also,
before any permanent building is occupied at the site, the facilities (as approved by this office) shall be
constructed and operational, and the storm water management plan (as approved by this office) shall be
implemented. The structural storm water practices as approved by this office as well as drainage patterns
must be maintained in perpetuity. No changes to the structural storm water facilities shall be made without
written authorization from the DWQ.
9. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
10. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land .
Resources has released the project.
11. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
,~
Completion form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs of
fhe upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
12. Continuing Compliance. The applicant (John Weiland Homes) shall conduct all activities in a manner so as
not to contravene any state water quality standard (including any requirements for compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure
compliance, DWQ may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before
codifying the Certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in
writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued

` pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This Certification and its conditions are final and binding unless
you ask fora hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
~~ ~`
C........._ ..... ,~_ ..~
or Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy
Greg Antemann

Olmsted Subdivision Phase 1B
Nationwide Permit No 39 Project No. 2007-1818
Y~, ~(a-131
Photograph A. View of Perennial Stream A, facing downstream.