HomeMy WebLinkAbout20201346 Ver 1_More Info Received_20210614Strickland, Bev
From: Aliisa Harjuniemi <aliisa@cws-inc.net>
Sent: Monday, June 14, 2021 6:20 PM
To: Megan Shelton; Johnson, Alan
Subject: Re: [External] Re: Holly Garden
Attachments: Holly Gardens - First Submittal.pdf; Holly Gardens - Second Submittal.pdf; Holly
Gardens - Current Submittal.pdf; Holly Gardens Sketch Plan.pdf; SAW-2020-00794
(signed NWP-AJD).pdf
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Report Spam.
Hi Alan,
I am sorry for the delay in my response.
First of all, it looks like this project should be currently non -notifying to DEQ as the additional stream crossing
was removed. The stream impacts due to road crossing totaled 90 if of permanent impacts and 20 if of
temporary impacts. Permanent wetland impacts to 404 jd wetlands totaled 0.04 acre. Impacts to the isolated
wetlands total 0.09 ac, which is below the 0.5 acre notification threshold. The 404 permit verification and AJD
are attached.
I also wanted to clarify that the two lots impacting the wetlands excluded by the USACE were not an after -
though and removing these lots in addition to the lots already removed from the site plan would cause hardship
for the proposed development. The areas that received priority for tree save were wetlands regulated by the
USACE and PCO buffers associated with the jurisdictional stream channels. Secondary areas preserved
included areas where additing lots was logistically impractical.
Below is a summary of the process that led to the current submittal. I have also attached the layouts for these.
- Sketch plan submitted with 93 lots, City required the stub road at the now Noah Court location as well as the
now Garrett Court and Ava Jane Court.
- 1st Construction Plan submittal with 84 lots, added the now Noah Court stub and proposed the dedication of
the right of way for Garrett Court and Ava Jane stubs but requested that no construction be required to avoid
impacts to the stream for a `possible future build out of the adjoining lots'. City insisted that the stubs need to
be built out so there are no concerns for the future developers of the parcels connectivity.
- 2nd Construction Plan submittal with 77 lots, through conversations with the City, the agreed to not require
the build out of Ava Court to the property line but still required the build out of Garrett Court due to their
ordinance.
- After several conversations and revisions between then and now the City agreed to remove the requirement for
the build out or right of way dedication for either Garrett Court and Ava Jane stubs.
- Current layout yields 80 lots. Engineers have been working with the developer and the City for nearly two
years to ensure that the development has the most efficient layout with the least amount of impacts.
i
Let me know if you would like to meet on site or at your office to discuss this.
Thanks,
Aliisa
On Mon, Jun 14, 2021 at 5:38 PM Megan Shelton <megan@cws-inc.net> wrote:
Sent from my iPhone
Begin forwarded message:
From: "Johnson, Alan" <alan.johnson@ncdenr.gov>
Date: June 14, 2021 at 3:16:15 PM EDT
To: Megan Bollero <megan@cws-inc.net>
Subject: RE: [External] Re: Holly Garden
Megan, you mentioned below that they HAVE TO IMPACT the wetlands to
maintain the tree save. It seems they would avoid wetlands to include in a tree
save.
Like stated in discussion it seems those couple of lots are an afterthought and
should be dropped (at the connecting road) from impact
DWR
Division of dater Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: (704) 235-2200 Fax: (704) 663-6040
2
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.
From: Johnson, Alan
Sent: Monday, June 14, 2021 3:07 PM
To: Megan Bollero <megan@cws-inc.net>
Subject: RE: [External] Re: Holly Garden
Megan regarding avoidance of the excluded/isolated wetlands. Remind the
client that we really don't have a "hold" period anymore. We either resolve the
questions for the project, or we have to deny the project and have your client
resubmit. The deadline for this is July 13th. Still some time, just want to pass
along a friendly reminder.
Thanks
DWR
Division of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: (704) 235-2200 Fax: (704) 663-6040
3
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.
From: Megan Bollero [mailto:megan@cws-inc.net]
Sent: Tuesday, June 8, 2021 2:03 PM
To: Johnson, Alan <alan.johnson@ncdenr.gov>
Subject: [External] Re: Holly Garden
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Hi Alan,
I wanted to update you that we had the site visit with Bryan and he confirmed that wetlands AA
and BB are excluded and issued the AJD and NWP. The excluded wetlands they plan to impact
are basin wetlands, and I have attached the dichotomous key and a representative photo to back
that up. In response to your question about the avoidance, the client has said they need to impact
these wetlands to maintain the tree save for the City requirements. I also wanted to see if I could
get a little more clarification on what you mean by making sure the culvert is well seated
instead of buried. Let me know if you have any other questions or need any additional
information.
Thanks,
Megan Bollero
On Tue, May 11, 2021 at 9:48 AM Megan Bollero <megan@cws-inc.net> wrote:
Hi Alan,
4
W2 (Wetland AA) is all one impact, as there is a narrow linear section that connects the 2
larger sections (sheet 5 of the plans). We are having a site visit with the USACE on June 2nd at
1:30PM if you would like to attend.
Thanks,
Megan Bollero
On Tue, May 11, 2021 at 9:07 AM Johnson, Alan <alan.johnson@ncdenr.gov> wrote:
Need clarification. You have three small wetlands impacts w2 w3 and one
more not called out and the wl in associated with Si.
I assume w2, w3 and the other are the excluded wetlands. A ncwam form must
be conducted to determine the wetland status. If they has occurred and they are
not basins, they fall under excluded and no permit is available to
impact. Confusing"
Also, avoidance would call for the impact to BB and the .07 acre wetland to be
avoided. Lot fill. Is a culvert proposed under the connector road
I suggest the stream culvert be well seated, not buried to prevent unnecessary
draining of wl
Thanks
Alan
5
DWR
Division of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: (704) 235-2200 Fax: (704) 663-6040
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.
Megan Bollero, WPIT
Project Scientist
Carolina Wetland Services Inc.
550 E Westinghouse Boulevard
Charlotte, NC 28273
Cell:(757)-576-6433
www.cws.net
6
Megan Bollero, WPIT
Project Scientist
Carolina Wetland Services Inc.
550 E Westinghouse Boulevard
Charlotte, NC 28273
Cell:(757)-576-6433
www.cws.net
Aliisa Harjuniemi, PWS
Project Manager
Carolina Wetland Services, Inc.
550 E. Westinghouse Boulevard
Charlotte, NC 28273
Direct: 980-259-1222
Office: 704-527-1177
www.cws-inc.net
PCCO SUMMARY
ORIGINAL PARCEL ID NUMBERS(S):
03111231-33; 03135198
DEVELOPMENT TYPE:
RESIDENTIAL SINGLE FAMILY DETACHED
SUBJECT TO PCCO? Y/N
Y
IF NO, WHY?
WATERSHED:
WESTERN CATAWBA
DISTURBED AREA (AC):
20.61
SITE AREA (AC):
32.21
TOTAL ONSITE DRAINAGE AREA (AC):
32.21
EXISTING BUILT UPON AREA (SF):
20,096
EXISTING BUA TO BE REMOVED (SF):
20,096
EXISTING BUA TO REMAIN (SF):
0
PROPOSED NEW BUA (SF):
684,084
PROPOSED %BUA:
48.80%
DENSITY (HIGH/LOW):
HIGH
TOTAL POST -PROJECT BUA FOR SITE:
663,988
DEVELOPMENT/REDEVELOPMENT?
DEVELOPMENT
NATURAL AREA REQUIRED (AC):
5.64 (17.5%)
NATURAL AREA PROVIDED, TOTAL (AC):
9.37 (29.1%)
UNDISTURBED TREED NATURAL AREA PRESERVED (AC):
9.55
TOTAL STREAM BUFFER PROTECTED ONSITE (AC):
2.9
TRANSIT STATION AREA (AC):
N
DISTRESSED BUSINESS DISTRICT? Y/N
N
MITIGATION TYPE (IF APPLICABLE):
N
NATURAL AREA MITIGATION? Y/N
N
BUFFER MITIGATION? Y/N
N
TOTAL PHOSPHOROUS MITIGATION? Y/N
N
DEVELOPMENT DATA
PARCEL ID NUMBER:
JURISDICTION:
ZONING:
ADDRESS:
DEED BOOK AND PAGE:
PCCO WATERSHED DISTRICT:
TOTAL SITE AREA:
MAX DENSITY:
MAX ALLOWABLE LOTS:
PROPOSED DENSITY:
PROPOSED LOTS:
PROPOSED TOTAL AREA IN LOTS:
PROPOSED AREA IN R/W:
ROAD "A":
ROAD "B":
ROAD "C":
MISTY VALE:
PROPOSED OPEN SPACE:
SWIM/PCO BUFFERS:
TREE SAVE OUTSIDE BUFFERS:
50% BMP AREA:
AMENITY AREA:
TOTAL OPEN SPACE:
ACTIVE OPEN SPACE:
PASSIVE OPEN SPACE:
LINEAR FEET OF STREET:
ROAD A:
ROAD B:
ROAD C:
MISTY VALE:
SETBACKS (BASED ON TREE SAVE INCENTIVES:
MIN FRONT:
MIN SIDE:
MIN REAR:
03111231-33; 03135198
CITY OF CHARLOTTE
R-3 (DEVELOPED AS R-4 CLUSTER PER
TREE ORDINANCE INCENTIVES)
1900 MT HOLLY-HUNTERSVILLE ROAD
DB 33908 / PG 48
WESTERN CATAWBA
32.21± ACRES
3 DU/AC
96 LOTS
2.6 DU/AC
84
12.11 ACRES
3.54 ACRES
0.25 ACRES
1.23 ACRES
0.25 ACRES
2.90 ACRES
7.03 ACRES
0.72 ACRES
0.28 ACRES
9.03 ACRES
0.28 ACRES
8.75 ACRES
2141 FT
171 FT
956 FT
205 FT
20'
5' INTERIOR
10' CORNER LOTS
30' INTERIOR
45' EXTERIOR
LOTS:
R-4 CLUSTER PER TREE SAVE INCENTIVES
MIN LOT WIDTH REQUIRED:
50'
MIN LOT WIDTH PROVIDED:
50'
MIN LOT AREA REQUIRED:
6000 SF
MIN LOT AREA PROVIDED:
6000 SF
R-4 ZONING TREE SAVE AND NATURAL AREA REQUIRED:
TOTAL SITE AREA:
32.21± ACRES
NET SITE AREA:
30.41 ACRES
(0.2 ACRES R/W DEDICATION)
(1.6 ACRES EXISTING EASEMENTS)
TREE SAVE REQUIRED (25%):
7.60 ACRES
TREE SAVE PROVIDED (32.7%):
9.93 ACRES
NATURAL OPEN SPACE REQUIRED (17.5%):
5.64 ACRES
NATURAL OPEN SPACE PROVIDED (29.1%):
9.37 ACRES
1935
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This electronic document is the
property of
McKim & Creed, Inc.
and is not to be used for any
purpose without the written consent
of the engineer whose seal appears
on the original certified document.
DO NOT REMOVE FROM
ELECTRONIC FILE
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100' 50' 0 100, 200'
1 "=100'
vNFKIM&cizEED
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: (704) 841-2588, Fax: (704) 841-2567
NC License# F-1222
www.mckimcreed.com
AMERICAN
omes
HOLLY GARDENS
RESIDENTIAL SUBDIVISION
OVERALL SITE PLAN
rDATE:
JANUARY 2020
MCE PROJ. #
07790-0002
DRAWN
DJS
DESIGNED
DJS
CHECKED
TMM
PROJ. MGR.
TMM
SCALE
HORIZONTAL:
1"=100'
VERTICAL:
N/A
C3.0
DRAWING NUMBER
REVISION
STATUS: PRELIMINARY
NOT FOR CONSTRUCTION
DESCRIPTIONS
REVISIONS
S:\07790\0001\80-DWG\86-DESIGN\PLAN SHEETS\C3.0 OVERALL SITE PLAN.DWG - - - - 01/22/2020 09:33:27
PCCO SUMMARY
ORIGINAL PARCEL ID NUMBERS(S):
03111231-33; 03135198
DEVELOPMENT TYPE:
RESIDENTIAL SINGLE FAMILY DETACHED
SUBJECT TO PCCO? Y/N
Y
IF NO, WHY?
WATERSHED:
WESTERN CATAWBA
DISTURBED AREA (AC):
20.61
SITE AREA (AC):
32.21
TOTAL ONSITE DRAINAGE AREA (AC):
32.21
EXISTING BUILT UPON AREA (SF):
20,096
EXISTING BUA TO BE REMOVED (SF):
20,096
EXISTING BUA TO REMAIN (SF):
0
PROPOSED NEW BUA (SF):
306810
PROPOSED %BUA:
48%
DENSITY (HIGH/LOW):
HIGH
TOTAL POST -PROJECT BUA FOR SITE:
306810
DEVELOPMENT/REDEVELOPMENT?
DEVELOPMENT
NATURAL AREA REQUIRED (AC):
5.69 (17.5%)
NATURAL AREA PROVIDED, TOTAL (AC):
12.37 (38.0%)
UNDISTURBED TREED NATURAL AREA PRESERVED (AC):
9.23 (28.4%)
TOTAL STREAM BUFFER PROTECTED ONSITE (AC):
2.9
TRANSIT STATION AREA (AC):
N
DISTRESSED BUSINESS DISTRICT? Y/N
N
MITIGATION TYPE (IF APPLICABLE):
N
NATURAL AREA MITIGATION? Y/N
N
BUFFER MITIGATION? Y/N
N
TOTAL PHOSPHOROUS MITIGATION? Y/N
N
DEVELOPMENT DATA
PARCEL ID NUMBER: 03111231-33; 03135198
JURISDICTION: CITY OF CHARLOTTE
ZONING: R-3 (DEVELOPED AS R-4 CLUSTER PER
TREE ORDINANCE INCENTIVES)
LAKE WYLIE WATERSHED PROTECTED AREA
ADDRESS:
1900 MT HOLLY-HUNTERSVILLE ROAD
DEED BOOK AND PAGE:
DB 33908 / PG 48
PCCO WATERSHED DISTRICT:
WESTERN CATAWBA
DRINKING WATERSHED:
LAKE WYLIE WATERSHED P.A.
TOTAL SITE AREA:
32.21± ACRES
MAX DENSITY:
3 DU/AC
MAX ALLOWABLE LOTS:
96 LOTS
MAX ALLOWED BUA:
70% OF TOTAL SITE
PROPOSED DENSITY:
2.6 DU/AC
PROPOSED MAX BUA PER LOT:
3933 SF
PROPOSED LOTS:
77
PROPOSED TOTAL AREA IN LOTS:
12.11 ACRES
PROPOSED AREA IN R/W:
ZOEY MARIE AVE:
3.57 ACRES
ADDIE LEIGH DRIVE:
0.77 ACRES
EDEN VICTORIA ROAD:
0.39 ACRES
MISTY VALE:
0.20 ACRES
PROPOSED OPEN SPACE:
SWIM/PCO BUFFERS:
2.90 ACRES
TREE SAVE OUTSIDE BUFFERS:
7.03 ACRES
50% BMP AREA:
0.72 ACRES
AMENITY AREA:
0.28 ACRES
TOTAL OPEN SPACE:
9.03 ACRES
ACTIVE OPEN SPACE:
0.28 ACRES
PASSIVE OPEN SPACE:
8.75 ACRES
LINEAR FEET OF STREET:
ZOEY MARIE:
2111 LF (2407 LF TO PROP BOUNDARY)
ADDIE LEIGH:
568 LF
EDEN VICTORIA:
329 LF (329 LF TO PROP BOUNDARY)
MISTY VALE:
209 LF (307 LF TO PROP BOUNDARY)
SETBACKS (BASED ON TREE SAVE INCENTIVES:
MIN FRONT: 20'
MIN SIDE: 5' INTERIOR
10' CORNER LOTS
MIN REAR: 30' INTERIOR
45' EXTERIOR
LOTS:
R-4 CLUSTER PER TREE SAVE INCENTIVES
MIN LOT WIDTH REQUIRED:
50'
MIN LOT WIDTH PROVIDED:
50'
MIN LOT AREA REQUIRED:
6000 SF
MIN LOT AREA PROVIDED:
6000 SF
R-4 ZONING TREE SAVE AND NATURAL AREA REQUIRED:
TOTAL SITE AREA:
32.21± ACRES
NET SITE AREA:
30.41 ACRES
(0.2 ACRES R/W DEDICATION)
(1.6 ACRES EXISTING EASEMENTS)
TREE SAVE REQUIRED (25.0%):
7.60 ACRES
TREE SAVE PROVIDED (28.4%):
9.23 ACRES
NATURAL OPEN SPACE REQUIRED (17.5%):
5.64 ACRES
NATURAL OPEN SPACE PROVIDED (38.0%):
12.37 ACRES
1 FULL PLAN - PER CITY COMMENTS 1 10/02/2020
REV.NO. DESCRIPTIONS DATE
REVISIONS
�N CARO
S Elk Ly
EF,�•' �6
y •••.��..! N •�`
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This electronic document is the
property of
McKim & Creed, Inc.
and is not to be used for any
purpose without the written consent
of the engineer whose seal appears
on the original certified document.
DO NOT REMOVE FROM
ELECTRONIC FILE
v �NnQM&cREED
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: (704) 841-2588, Fax: (704) 841-2567
NC License# F-1222
www.mckimcreed.com
� � TREE SAVE
1P ±0.766 ACRES
\ NATURAL AREA
STREAM BUFFER
±6.83 ACRES
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a / 10316 PIN Jf 352-09
/ p y �d �l / ,PIN 031-352-08 / G, RR SONS
PL )d d Id �d / JOANNE C AND 10304 TREE SAV
SF�AD�f\SANE D BRIAN T FABER Q DB6411/PG124 PIN # 031-352-10
pO- Pp� R � � p P� \ DB70068/PG23j ^a/ALEKSANOR AND CRYSTLE GANCHENKO % ±3.20 AC R
' S
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I �pz ld na pL PIN # 081 352-56 I / PIN ,# 031-352-58 ±1.577 ACRES
PEARLINE F AUGUST/N a DEREK K AND
AND ERIK J FRIS KELLY R RINGERING
DB252201PO766 I DB266041PG124 Q�. , 1834
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100' 50' 0 100, 200'
1 "=100'
AMERICAN
domes
HOLLY GARDENS
RESIDENTIAL SUBDIVISION
OVERALL SITE PLAN
SCALE
C3.0
HORIZONTAL:
1" : 100'
DRAWING NUMBER
VERTICAL:
N/A
REVISION
;TATUS: PRELIMINARY
NOT FOR CONSTRUCTION
S:\07790\0001\80-DWG\86-DESIGN\PLAN SHEETS\C3.0 OVERALL SITE PLAN.DWG - - - - 10/02/2020 20:40:57
PCSO SUMMARY
Original Parcel ID Number(s):
03111231-33 ; 03135198
Development Type:
Single -Family
Subject to PCSO? Y/N
Y
If NO, why?
-- Click for Dropdown --
Watershed:
Western Catawba
Disturbed Area (ac):
21.00
Site Area (ac):
32.21
DA #1
DA #2
TOTAL
Total on -site Drainage Area (ac):
7.70
7.00
14.70
Existing Built -upon -area (SF):
20096
0
20096.00
Existing BUA to be removed (SF):
20096
0
20096.00
Existing BUA to remain (SF):
0
0
0.00
Proposed New BUA (SF):
160760
145000
305760.00
Proposed % BUA:
48%
48%
48%
Density (High / Low)
HIGH
HIGH
HIGH
Total Post -Project BUA for site:
160810
146000
306810
Development or Redevelopment?
Development
Development
Development
Natural Area Required (ac):
N/A
N/A
5.64 (17.5%)
Natural Area provided, total (ac):
N/A
N/A
12.72 (42.6%)
Undisturbed Treed Natural Area Preserved (ac):
N/A
N/A
9.28 (28.8%)
Total stream buffer protected on -site (ac):
N/A
N/A
2.14
Transit Station Area? Y/N
N
N
N
Distressed Business District? Y/N
N
N
N
Mitigation Type (if applicable)
N/A
N/A
N/A
Natural Area mitigation? Y/N
N
N
N
Buffer Mitigation? Y/N
N
N
N
Total Phosphorous Mitigation? Y/N
N
N
N
DEVELOPMENT DATA
PARCEL ID NUMBER:
JURISDICTION:
ZONING:
ADDRESS:
DEED BOOK AND PAGE:
PCCO WATERSHED DISTRICT:
DRINKING WATERSHED:
TOTAL SITE AREA:
MAX DENSITY:
MAX ALLOWABLE LOTS:
PROPOSED DENSITY:
PROPOSED MAX BUA PER LOT:
PROPOSED LOTS:
PROPOSED TOTAL AREA IN LOTS:
PROPOSED AREA IN R/W:
GARRETT COURT:
NOAH COURT:
AVA JANE COURT:
MISTY VALE ROAD:
PROPOSED OPEN SPACE:
SWIM/PCO BUFFERS:
TREE SAVE OUTSIDE BUFFERS:
50% BMP AREA:
AMENITY AREA:
TOTAL OPEN SPACE:
ACTIVE OPEN SPACE:
PASSIVE OPEN SPACE:
LINEAR FEET OF STREET:
GARRETT COURT:
NOAH COURT:
AVA JANE COURT:
MISTY VALE ROAD:
SETBACKS (BASED ON TREE SAVE INCENTIVES:
MIN FRONT:
MIN SIDE:
MIN REAR:
03111231-33; 03135198
CITY OF CHARLOTTE
R-3 (DEVELOPED AS R-4 CLUSTER PER
TREE ORDINANCE INCENTIVES)
LAKE WYLIE WATERSHED PROTECTED AREA
1900 MT HOLLY-HUNTERSVILLE ROAD
DB 33908 / PG 48
WESTERN CATAWBA
LAKE WYLIE WATERSHED P.A.
32.21± ACRES
3 DU/AC
96 LOTS
2.6 DU/AC
2,340 SF
80
12.11 ACRES
3.57 ACRES
0.77 ACRES
0.39 ACRES
0.20 ACRES
2.14 ACRES
7.14 ACRES
0.72 ACRES
0.28 ACRES
12.72 ACRES
0.28 ACRES
12.44 ACRES
1996 LF
300 LF
581 LF
209 LF (187 LF TO PROP BOUNDARY)
20'
5' INTERIOR
10' CORNER LOTS
30' INTERIOR
45' EXTERIOR
LOTS:
R-4 CLUSTER PER TREE SAVE INCENTIVES
MIN LOT WIDTH REQUIRED:
50'
MIN LOT WIDTH PROVIDED:
50'
MIN LOT AREA REQUIRED:
6000 SF
MIN LOT AREA PROVIDED:
6000 SF
R-4 ZONING TREE SAVE AND NATURAL AREA REQUIRED:
TOTAL SITE AREA:
32.21± ACRES
NET SITE AREA:
30.41 ACRES
(0.2 ACRES R/W DEDICATION)
(1.6 ACRES EXISTING EASEMENTS)
TREE SAVE REQUIRED (25.0%):
7.60 ACRES
TREE SAVE PROVIDED (28.8%):
9.28 ACRES
NATURAL OPEN SPACE REQUIRED (17.5%):
5.64 ACRES
NATURAL OPEN SPACE PROVIDED (38.4%):
12.72 ACRES
F
FULL SUBMITTAL - PER CITY COMMENTS
06/03/2021
E
FULL SUBMITTAL - PER CITY COMMENTS
04/27/2021
D
FULL SUBMITTAL - PER CITY COMMENTS
03/26/2021
C
FULL SUBMITTAL - PER CITY COMMENTS
02/08/2021
B
FULL SUBMITTAL - PER CITY COMMENTS
12/14/2020
A
FULL SUBMITTAL - PER CITY COMMENTS
10/02/2020
REV.NO.
DESCRIPTIONS
DATE
REVISIONS
1935
a PL PIN # 031-172-06
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PL EXISTING R/W
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(_This electronic document is the
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and is not to be used for any
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of the engineer whose seal appears
on the original certified document.
DO NOT REMOVE FROM
ELECTRONIC FILE
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1800
PIN # 031-112-35
CITY OF CHARLOTTE
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/
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100' 50' 0 100, 200'
1 "=100'
vWFM4&CREED
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: (704) 841-2588, Fax: (704) 841-2567
NC License# F-1222
www.mckimcreed.com
X20
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DRAWING NUMBER
VERTICAL:
F
N/A
REVISION
STATUS: PRELIMINARY
NOT FOR CONSTRUCTION
S:\07790\0001\80-DWG\86-DESIGN\PLAN SHEETS\C3.0 OVERALL SITE PLAN.DWG - - - - 06/04/2021 13:52:28
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100' 50' 0 100, 200'
1 "=100'
vNFIQM&CREED
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: (704) 841-2588, Fax: (704) 841-2567
NC License# F-1222
www.mckimcreed.com
VICINITY MAP SCALE: 1"=1000'
R/W
36'
S.U.E.
(MIN)
2'-0"
\ 1.5%
(2.00% MAX)
2:1 CUT MAX.
3:1 FILL MAX.
TACK COAT
(SEE SECTION 1.E.-
25'-6" (MIN)
(26' IF VALLEY GUTTER)
SITE DATA
PIDs:
03111231, 03111232, 03111233, 03135198
ACREAGE:
±32.4 ACRES (4 PARCELS)
ZONING:
R-3
PROPOSED LOT SIZE:
R-4 CLUSTER (TREE SAVE INCENTIVE)
PROPOSED LOTS:
93
PROPOSED DENSITY:
2.87 DUA
LOT AREA:
6,000 SF MIN.
FRONT SETBACK:
20'
SIDE YARD:
5', 6' PERIMETER
REAR YARD:
30', 45' PERIMETER
COMMON OPEN SPACE:
±11 ACRES
TREE SAVE:
±10 ACRES
STORMWATER:
WESTERN CATAWBA PCCO WATERSHED
UPPER LAKE WYLIE PROTECTED AREA
MAX BUA:
989,160 SF (70%)
PROPOSED BUA:
486,000 SF (34%)
ROADS
(72' RIGHT-OF-WAY):
2,450 LF
(56' RIGHT-OF-WAY):
880 LF
i-
72' R/W (TOTAL)
51' R/W (MINIMUM)
I
15'-0"
(16'-0" IF VALLEY GUTTER)
R
SURFACE COURSE
R/W
36'
SIDEWALK AND UTILITY EASEMENT:
10:-6" IF STD. CURB & GUTTER
10 -0" IF VALLEY GUTTER
25'-6" (MIN) I S.U.E. I
(26' IF VALLEY GUTTER)
15'-0"
(16'-0" IF VALLEY GUTTER)
SLOPE 3/8" PER FT.
(MIN) (NOTE 1) 1 (MIN)
8'-0" VARIES 1'-0"
1.5%
(2.00% MAX)
f— f—
PLANTING STRIP
SEE NOTE 6 —
2:1 CUT MAX.
3:1 FILL MAX.
NOTES:
1. SIDEWALK IS 5' MIN. WHEN LESS THAN 8 DUA. SIDEWALK
1" S9.5B
IS 6' MIN. WHEN 8 DUA OR GREATER BUT LESS THAN 12
FINAL LIFT TO BE APPLIED UPON MEETING ONE OF THE FOLLOWING CONDITIONS:
DUA. SIDEWALK IS 8' MIN. WHEN 12 DUA OR GREATER.
1) 75% DEVELOPMENT OCCUPANCY,
2) 1 YEAR FROM INTERMEDIATE COURSE PLACEMENT,
2. AN ALTERNATIVE PAVEMENT DESIGN MAY BE REQUIRED BY
3) FOR ETJ STREETS, FINAL 1" MAY BE PLACED WHEN APPROVED BY NCDOT.
CDOT/NCDOT BASED ON SPECIFIC TRAFFIC PARAMETERS.
VTERMEDIATE COURSE
3. AMENITY ZONE (HARDSCAPE) ALLOWED IN LIEU OF PLANTING
1 1/2" S9.5C OR S9.56
STRIP WITH PRIOR APPROVAL FROM ENGINEERING, CDOT,
4SE COURSE
AND PLANNING.
8" COMPACTED AGGREGATE BASE COURSE, OR 4" BCBC TYPE B25.00.
4. FOR EXPLANATION OF RIGHT-OF-WAY WIDTHS REFER TO
SHOULD ENTIRE DEVELOPMENT HAVE A CBR OF 6 OR GREATER, THEN AN
CITY OF CHARLOTTE SUBDIVISION ORDINANCE SECTION
ALTERNATIVE BASE COURSE PAVEMENT DESIGN MAY BE SUBMITTED TO
20-22(d).
THE CITY ENGINEER FOR APPROVAL.
- 5. ZONING SETBACKS MEASURED FROM TOTAL R/W.
SUBGRADE 6. PLANTING STRIP ADJACENT TO SIDEWALK SHALL BE GRADED
COMPACTED SUBGRADE (SEE SECTION 1.A.18) TO 1/a" PER FOOT (MIN.) UP TO 11/a" PER FOOT (MAX.),
EXCEPT WHERE EXCESSIVE NATURAL GRADES MAKE THIS
TYPICAL PAVEMENT SECTION REQUIREMENT IMPRACTICAL. IN SUCH CASES, THE CITY
ENGINEER MAY AUTHORIZE A SUITABLE GRADE.
KEY
® 2'-6" STANDARD CURB AND GUTTER (SHOWN) OR 2'-0" VALLEY GUTTER
0 NOT TO SCALE 4" CONCRETE SIDEWALK
• CITY OF CHARLOTTE LOCAL COLLECTOR STREET
CCY� LAND DEVELOPMENT STANDARDS STD. NO. REIN
CHARLOTTE- INCLUDES CHARLOTTE ETJ TYPICAL SECTION U - 0 7 117
R/W
28'
S.U.E. R/W
�-7'-0" � I m
21' (MIN)
(MIN)
2'-0" 10'-6'
(11' IF VALLEY)
1.5%
(2.00% MAX
�� �► ��
2:1 CUT MAX.
3:1 FILL MAX.
SURFACE COURSE
56' TOTAL R/W
_I_
42' R/WI (MINIMUM)
21' (MIN)
10'-6"
(11' IF VALLEY)
SLOPE 3/8" PER FT.
R/W
28'
R/W S. U. E.
7'-0
(MIN) (MIN) (MIN)
PLANTING STRIP
SEE NOTE 3
.( 1 " S9.5B
/ FINAL LIFT TO BE APPLIED UPON MEETING ONE OF THE FOLLOWING CONDITIONS:
1) 75% DEVELOPMENT OCCUPANCY,
TACK COAT 2) 1 YEAR FROM INTERMEDIATE COURSE PLACEMENT,
3) FOR ETJ STREETS, FINAL 1" MAY BE PLACED WHEN APPROVED BY NCDOT.
(SEE SECTION 1.E.4) INTERMEDIATE COURSE
1 1 /2" S9.5C OR S9.56
BASE COURSE
8" COMPACTED AGGREGATE BASE COURSE, OR 4" BCBC TYPE B25.00.
SHOULD ENTIRE DEVELOPMENT HAVE A CBR OF 6 OR GREATER, THEN
AN ALTERNATIVE BASE COURSE PAVEMENT DESIGN MAY BE SUBMITTED
TO THE CITY ENGINEER FOR APPROVAL.
SUBGRADE
COMPACTED SUBGRADE (SEE SECTION 1.A.18)
TYPICAL PAVEMENT SECTION
KEY
® 2'-6" STANDARD CURB AND GUTTER OR 2'-0" VALLEY GUTTER
OS 4" CONCRETE SIDEWALK
NOT TO SCALE
• CITY OF CHARLOTTE
LAND DEVELOPMENT STANDARDS
CHARLOTTE- INCLUDES CHARLOTTE ETJ
HOLLY GARDENS
2:1 CUT MAX.
3:1 FILL MAX.
NOTES:
1. FOR EXPLANATION OF RIGHT-OF-WAY
WIDTHS REFER TO CITY OF CHARLOTTE
SUBDIVISION ORDINANCE SECTION 20-22(d).
2. ZONING SETBACKS MEASURED FROM TOTAL
R/W
3. PLANTING STRIP ADJACENT TO SIDEWALK
SHALL BE GRADED TO 1/a" PER FOOT (MIN.)
UP TO 11/a" PER FOOT (MAX.), EXCEPT
WHERE EXCESSIVE NATURAL GRADES MAKE
THIS REQUIREMENT IMPRACTICAL. IN SUCH
CASES, THE CITY ENGINEER MAY AUTHORIZE
A SUITABLE GRADE.
LOCAL RESIDENTIAL MEDIUM STREET
TYPICAL SECTION
DATE: JULY 2019
MCE PROJ. #
DRAWN
DESIGNED
CHECKED
PROJ. MGR.
SCALE
HORIZONTAL
1 "=100'
VERTICAL:
N/A
U-02 117
1
DRAWING NUMBER
IIII MI. DESCRIPTIONS
S:\07790\0001\80-DWG\07790-0001 MASTER.DWG ---- 07/29/2019 14:28:1 6
SKETCH PLAN
>TATUS: SKETCH PLAN
NOT FOR CONSTRUCTION
REVISION
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00794 County: Mecklenburg U.S.G.S. Quad: NC -Mountain Island Lake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: AMH NC Development, LP
Travis Manning
Address: 23974 Park Sorrento, Suite 300
Calabasas, CA 91302
Telephone Number: 704-650-1936
E-mail: tmannin2Aah4r.com
Size (acres) 32 Nearest Town Charlotte
Nearest Waterway Long Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.31074
Longitude:-80.963234
Location description: The review area is located on the south side of Mt. Holly-Huntersville Road; approximately 1.2 miles
southwest of the intersection of Mt. Holly-Huntersville Road and Bellhaven Boulevard. PINS: 03111231, 03111232, 03111233,
and 03135198. Reference review area description shown in Jurisdictional Determination Reauest Dacka¢e entitled "Figure 1.
Vicinity Mad' and dated 11/14/19.
Description of projects area and activity: This verification authorizes the permanent stream and wetland impacts of 90 linear feet
(0.003 acre) 0.04 acres, respectively, alone with 20 linear feet of temporary stream impacts to facilitate the construction of a
single-family residential development. All temporary stream impacts will be restored to pre-existing conditions after the
completion of construction.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 4/27/20219 and the enclosed plans Construction Drawings, Sheets 1-9 dated
February 2021. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a
stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty 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 Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Bryan Roden -Reynolds at 704-510-1440or bryan.roden-reynolds(a,usace.army.mil.
Corps Regulatory Official:
Expiration Date of Verification: 3/14/2026
Bryan Roden -Reynolds
2021.06.08 10:37:38-04'00'Date: 6/8/2021
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Carolina Wetland Services, Inc.
Megan Bollero
Address: 550 E. Westinghouse Boulevard
Charlotte, NC 28273
Telephone Number: 757-576-6433
E-mail: meganAcws-inc.net
Action ID Number: SAW-2020-00794 County: Mecklenburg
Permittee: AMH NC Development, LP, Travis Manning
Project Name: Holly Gardens
Date Verification Issued: 6/8/2021
Project Manager: Bryan Roden -Reynolds
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Bryan Roden -Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
bryan.roden-rynolds@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
SAW-2020-00794
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit Verification
1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).
1.1 Applicant name: AMH NC Development, LP, Travis Manning
1.2 Activity location: Latitude: 35.31074 Longitude:-80.963234 Location description: The review
area is located on the south side of Mt. Holly-Huntersville Road; approximately 1.2 miles
southwest of the intersection of Mt. Holly-Huntersville Road and Bellhaven Boulevard.
PINs: 03111231, 03111232, 03111233, and 03135198. Reference review area description
shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity
Map" and dated 11/14/19.
1.3 Description of activity requiring verification:This verification would authorize the permanent
stream and wetland impacts of 90 linear feet (0.003 acre) 0.04 acres, respectively, along
with 20 linear feet of temporary stream impacts to facilitate the construction of a single-
family residential development. All temporary stream impacts will be restored to pre-
existing conditions after the completion of construction.
1.4 Is this an After -the -Fact verification? No.
1.5 Date PCN determined complete for processing 5/6/2021
1.6 Jurisdiction Determination completed? An Approved JD was completed on 613/2021.
1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.8 Applicable Permit: NWP 29. Residential Developments
1.9 Activity requires written waiver of NWP limits? No.
1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre -Construction Notification
2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
SAW-2020-00794
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.
2.2 Site specific factors: The review area consists of undeveloped forest land, a single-family
residence, and sewer easement. The surrounding land use is undeveloped forested
areas and single-family homesites.
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? No.
Agency coordination with the USFWS is required for the Northern Long Eared Bat.
However, the Corps is not required to wait for a response from the USFWS Asheville
Office in accordance with local procedures.
2.3.2 Was the PCN coordinated with other Corps offices? No.
2.4 Mitigation
2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site:The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.
2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
No.
Provide rationale: No compensatory mitigation is required because the applicant has
minimized impacts and the loss of wetlands associated with the activity is less than
0.10 acre. There are no specific circumstances that would warrant compensatory
mitigation. No compensatory mitigation is required because the applicant has
minimized impacts and the loss of stream channel associated with the activity is less
than 0.02 acres. There are no specific circumstances that would warrant compensatory
mitigation.
3.0 Compliance with Other Laws, Policies and Requirements
3.1 Section 7(a)(2) of the Endangered Species Act (ESA)
3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.
3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
SAW-2020-00794
3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled
its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Mecklenburg County:
NAME: Northern Long-eared Bat (Myotis septentrionalis) STATUS: Threatened
NAME: Carolina Heelsplitter (Lasmigona decorata) STATUS: Endangered
NAME: Rusty -patched bumble bee (Bombus affinis) STATUS: Endangered
NAME: Michaux's sumac (Rhus michauxii) STATUS: Endangered
NAME: Schweinitz's sunflower (Helianthus schweinitzii) STATUS: Endangered
NAME: Smooth coneflower (Echinacea laevigata) STATUS: Endangered
Effect determination(s), including no effect, for all known species/habitat, and basis for
determination (s): Based on the latest version of the Natural Heritage Program's NHEO
data, there are listed species located within or in the vicinity of the action area and this
activity is one that would not affect those listed species. The Corps has determined the
proposed activity will not directly or indirectly affect any species subject to the ESA.
The entire 32-acre project boundary contains a small portion of marginal suitable
habitat for Schweinitz's sunflower, the Corps determined the Action Area as a much
smaller portion of the project boundary and only the area which contains the wetland
and stream impact along with the uplands immediately adjacent to these impacts. The
Action Area did not contain any suitable habitat for Schweinitz's sunflower as it was all
forested; therefore, Section 7 consultation was not initiated.
3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than "no effect"
(see the attached "Summary" sheet for begin date, end date and closure method of the
consultation).
The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local
Operating Procedures for Endangered Species (SLOPES) between the USACE,
Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service
(Service) Offices, and determined that the action area for this project is located outside
of the highlighted areas/red 12-digit HUCs and activities in the action area do not
require prohibited incidental take; as such, this project meets the criteria for the 4(d)
rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE
sent a Situation 1 email to the Service on May 6, 2021, informing them about this
project.
Service Concurrence: as established in the NLEB SLOPES, this project does not require
prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule;
therefore any associated take is exempt and it is not necessary for the USACE to wait
30 days for the Service to object or concur.
Based on a review of the information above, the Corps has determined that it has fulfilled its
responsibilities under Section 7(a)(2) of the ESA.
3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.
SAW-2020-00794
3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens
Act? No.
3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No.
3.3 Section 106 of the National Historic Preservation Act (Section 106)
3.3.1 Section 106 permit area:The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.
3.3.3 Known cultural resource sites present and/or survey or other additional information needed?
No. Based on the NCDCR "HPOWEB" service and aerial photographs, there are no
known historic properties located in the permit area or in close proximity to the permit
area.
Effect determination and basis for that determination: The Corps has determined the
proposed activity has no potential to cause effects to properties listed or eligible for
listing in the National Register of Historic Places, because the project is located in areas
that have been extensively modified.
3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than "no potential to cause effects" (see the
attached "Summary" sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.
3.4 Tribal Trust Responsibilities
3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)?
No. There are no known tribal interests in the project area.
Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities.
3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No.
3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
SAW-2020-00794
3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A
general WQC has been issued for this permit.
3.6 Coastal Zone Management Act (CZMA)
3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.
3.7 Wild and Scenic Rivers Act
3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.
3.8 Effects on Corps Civil Works Projects (33 USC 408)
3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.
4.0 Special Conditions
4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? No.
If no, provide rationale: The terms and conditions of the general permit are sufficient to
ensure no more than minimal adverse effects, and no conditions are needed for
compliance with other laws or to protect the public interest.
5.0 Determination
5.1 Waiver request conclusion, if required or select N/A: N/A.
5.2 The activity will result in no more than minimal individual and cumulative adverse effects on
the aquatic environment and will not be contrary to the public interest.
5.3 This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.
PREPARED BY:
Bryan Roden -Reynolds
2021.06.08 10:37:58-04'00'
Date: 6/8/2021
Bryan Roden -Reynolds
SAW-2020-00794
SAW-2020-00794
Determination of Jurisdiction:
A. ❑ There are waters on the above described project area 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). 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. Please note, if
work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must
be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States
and prior to any work that could alter the hydrology of waters of the United States.
B. El There are Navigable Waters of the United States within the above described project area 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 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.
C. ® There are waters within the above described project area that are 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
Basis For Determination: See the approved jurisdictional determination form dated 6/3/2021.
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may 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 jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction 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 following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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 07/05/2021.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Bryan Roden -Reynolds
Corps Regulatory Official: _ 2021.06.08 10:38:19-04'00'
Bryan Roden -Reynolds
Date of JD: 6/3/2021
Expiration Date of JD: 05/05/2026
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: AMH NC Development, LP, Travis Mannin File Number: SAW-2020-00794 Date: 6/3/2021
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
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
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.g.M.mil/Missions/CivilWorks/Re ugulatoryProgramandPennits.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 determined 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 Administrative 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 Administrative 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. Phillip Shannin, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: (404) 562-5137
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 opportuni 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: Bryan Roden -Reynolds, 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. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 6/3/2021
ORM Number: SAW-2020-00794
Associated JDs: PJD issued 06/08/20
Review Area Location': State/Territory: NC City: Charlotte County/Parish/Borough: Mecklenburg
Center Coordinates of Review Area: Latitude 35.31074 Longitude-80.963234
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
❑ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section II.B).
❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
❑x There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
10 Name
§ 10 Size
§ 10 Criteria
Rationale for § 10 Determination
N/A.
N/A. N/A
N/A.
N/A.
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters a 1 waters :3
a 1 Name
a 1 Size
a 1 Criteria
Rationale fora 1 Determination
N/A.
N/A. N/A.
N/A.
N/A.
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
Stream B
358
linear
(a)(2)
The flow regime was verified during the Corps
feet
Intermittent
site visit.
tributary
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Stream B
540
linear
(a)(2) Perennial
The flow regime was verified during the Corps
feet
tributary
site visit.
Map(s)/figure(s) are attached to the AJD provided to the requester
z If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do
NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors
Act Section 10 navigability determination.
s A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river
or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AID Form.
Page 2 of 2 Form Version 10 June 2020_updated
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Tributaries ((a)(2) waters):
(a)(2) Name
a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Streams C
301
linear
(a)(2)
The flow regime was verified during the Corps
and E
feet
Intermittent
site visit.
tributary
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Stream D
1,082
linear
(a)(2) Perennial
The flow regime was verified during the Corps
feet
tributary
site visit.
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3 waters):
a 3 Name
a 3 Size
a 3 Criteria
Rationale fora 3 Determination
N/A.
N/A. I N/A.
N/A.
N/A.
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale fora 4 Determination
Wetland CC
0.35
acre(s)
(a)(4) Wetland
Wetland CC abuts intermittent Stream C.
abuts an (a)(1)-
a 3 water.
Wetland DD
0.04
acre(s)
(a)(4) Wetland
Wetland CC abuts intermittent Stream C.
abuts an (a)(1)-
(a)(3) water.
Page 2 of 2 Form Version 10 June 2020 updated
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
D. Excluded Waters or Features
Excluded waters
b)(1 — (b)(1 2:4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Wetland AA
0.07
acre(s)
(b)(1) Non-
Wetland AA has no connection to
adjacent
downstream jurisdictional waters.
wetland.
Wetland BB
0.02
acre(s)
(b)(1) Non-
Wetland BB has no connection to
adjacent
downstream jurisdictional waters.
wetland.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
0 Information submitted by, or on behalf of, the applicant/consultant: Figures 1-7
This information is sufficient for purposes of this AJD.
Rationale: N/A
❑ Data sheets prepared by the Corps: Title(s) and/or date(s).
0 Photographs: Aerial and Other: Figure 3, Aerial Map (Dated 11/14/19) and Photographs 1-13
(Dated 08/14/20)
0 Corps site visit(s) conducted on: 06/02/21
❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
❑ Antecedent Precipitation Tool: provide detailed discussion in Section III.B.
0 USDA NRCS Soil Survey: Figure 4, USDA-NRCS Web Soil Survey of Mecklenburg County (Web
Soil Survey of Mecklenburg County) and Figure 5, USDA-NRCS Published Soil Survey of
Mecklenburg County (Soil Survey of Mecklenburg County Sheet 3 Dated 1980)
0 USFWS NWI maps: Figure 6, National Wetlands Inventory (USFWS NWI Mapper)
0 USGS topographic maps: Figure 2, USGS Topographic Map (7.5-minute quadrangle Mountain
Island Lake, NC)
Other data sources used to aid in this determination:
Data Source select
Name and/or date and other relevant information
USGS Sources
N/A.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
N/A.
State/Local/Tribal Sources
NCDWQ Stream Identification Form, Version 4.11 Dated 11/13/20
Other Sources
Figure 1, Vicinity Map (Dated 11/14/19) and Figure 7, Jurisdictional
Boundaries (Dated 08/14/20)
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so.
Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
s Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 2 Form Version 10 June 2020_updated
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
B. Typical year assessment(s): The consultant (i.e., Carolina Wetland Services) conducted a site visit
on 11/13/19. The Antecedent Precipitation Tool (APT) was used for this date and determined the site
was under normal conditions. The Corps conducted a site on 06/02/21. The APT was used for this
date and determined the site was under normal conditions.
C. Additional comments to support AJD: See Section II(D) Excluded Waters or Features for further
analysis on Wetlands AA and BB.
Page 2 of 2 Form Version 10 June 2020_updated
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
m APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
Page 2 of 2 Form Version 10 June 2020updated