HomeMy WebLinkAbout20211339 Ver 1_ePCN Application_20210908DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20211339
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
'Information for Initial Review
la. Name of project:
Rankin Hill
la. Who is the Primary Contact?*
Aliisa Harjuniemi
1b. Primary Contact Email:*
aliisa@cws-inc.net
Date Submitted
9/8/2021
Nearest Body of Water
Hobbs Creek
Basin
Catawba
Water Classification
Class IV. CA
Site Coordinates
Version#*
1
What amout is owed?*
r $240.00
IT $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
(980)259-1222
Latitude:
Longitude:
35.636356°
-80.866525
A. Processing Information
County (or Counties) where the project is located:
Iredell
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
r Yes r No
ID#
Version
Pre -fling Meeting or Request Date
7/30/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
52.36KB
r 401 Water Quality Certification - E>q)ress
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner fJ Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Atwater Landing Community Association, Inc.
2b. Deed book and page no.:
2625-1542,2569-505
2c.Contact Person:
POC: Bart Carroll
r Yes r No
r Yes r No
2d.Address
Street Address
8025 Arrowridge Blvd.
Address Line 2
City
CHARLOTTE
Postal / Zip Code
28273
2e. Telephone Number:
(704)620-7373
2g. Email Address:*
bearroll@drhorton.com
3. Applicant Information (if different from owner)
3a. Name:
Bart Carroll
3b. Business Name:
DR Horton, Inc. Charlotte
3c.Address
Street Address
8025 Arrowridge Blvd
Address tine 2
City
Charlotte
Postal / Zip (ode
28273
3d. Telephone Number:
(704)620-7373
3f. Email Address:*
bcarroll@drhorton.com
4. Agent/Consultant (if applicable)
4a. Name:
Aliisa Harjuniemi
4b. Business Name:
Carolina Wetland Services, Inc.
4c.Address
Street Address
550 Westinghouse Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
(980)259-1222
4f. Email Address:*
aliisa@cws-inc.net
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Atwater Landing
1c. Nearest municipality/ town
Mooresville
2. Project Identification
Slate / Province / Fa?gim
NC
Country
USA
2f. Fax Number:
State / Province / Rion
NC
Country
USA
3e. Fax Number:
Slate / Rovince / F?agim
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
4649318211.000 & 4649404214.000
2b. Property size:
212 ac. (Atwater Landing Subdivision)
2c. Project Address
Street Address
Rankinhill Road
Address tine 2
CKY
Mooresville
Postal / Zip Code
28117
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Hobbs Creek
3b. Water Resources Classification of nearest receiving water:*
Class IV, CA
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011106
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project area consist of a recently developed Atwater Landing subdivision and forested tree save areas. The land use in the project vicinity consist of single-family residential areas,
undeveloped forested areas, and agricultural fields. Lake Norman is located south of the project area. 1-77 is located along the eastern property boundary.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2012-00125
4f. List the total estimated acreage of all existing wetlands on the property:
1.17 ac.
4g. List the total estimated linear feet of all existing streams on the property:
4,929 If intermittent, 4,620 If perennial
4h. Explain the purpose of the proposed project:*
The purpose of this project was to develop the property into a single-family subdivision located in Mooresville, North Carolina. This area is experiencing rapid population growth due to
its proximity to 1-77 that provides easy access to
the area and connects it to other rapidly growing cities such as Troutman, Charlotte, and Kannapolis, while also being close to
Lake Norman amenities. There is a need for residential housing in order to meet the current demand within this highly desirable area and economic market.
A Nationwide Permit verification was originally issued for this project on March 8, 2017 (SAW-2012-00125). However, the original permit has expired and corrective measures are
needed to meet the 404/401 permit conditions as the installed culvert does not convey the flow properly.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
A Nationwide Permit verification was originally issued for this project on March 8, 2017 (SAW-2012-00125), authorizing 147 linear feet of stream impacts and 0.002 acre watland impacts
under Nationwide Permit No. 29.
However, the original permit has expired and corrective measures are needed to meet the 404/401 permit conditions as the installed culvert at Rankinhill Road does not convey the flow
properly (Stream Impact #1, Attachment C; Photographs 1 and 2, Attachment F).
In July 2021, a retaining wall failed above a culvert on Rankin Hill Rd. Subsequent repairs, including creating a poured concrete wall, disturbed the stream near the culvert.
Work within a stream is required to properly connect the outfall of the culvert back with the stream. This will result in approximately 50 If of temporary impacts upstream of the culvert and
150 If downstream of the culvert. The additional impacts will involve repairing the perched pipe by creating a step pools in order to bring the stream from the culvert elevation down to
the present stream elevation, pump -around system, sediment removal, and stream bank stabilization.
In order to connect the existing stream to the culvert and allowthe downstream end of the culvert to be buried, the downstream section of stream's bed will be raised to 1' above the
invert of the pipe. Additionally, the upstream section of the stream will be funneled, using boulder toes, into the upstream end of the pipe to eliminate stream flows underneath the
adjacent retaining wall. The stream's flowwill be forced into the pipe at an elevation 1' above the invert of the pipe. Once the stream exits the pipe it will be returned to the existing bed
elevation through a series of rock sills and constructed riffles. These structures will provide for a stable transition from the pipe outlet to the existing bed of the stream. Where the
stream bank is disturbed, restorative seeding using Native Wetland Seed and matting of CN125BN, a 100 % coconut and cotton fiber matting, or coir coconut fiber matting shall be used.
Matting should be secured With stakes . All disturbed areas will be restored. Please see Attachment E for details.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
r No
r Unknown
Comments:
CWS delineated the property on April 11-13, and December 1, 2016
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2012-00125
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Carolina Wetland Services, Inc.
Other:
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
No additional phases are planned in foreseeable future.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
a. Site #*(?) 2a1 Reason M 2b. Impact type*(?) ��ec. Typof W. 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact
Jurisdicition*(?) area*
_11
11 Fill JP Headwater Forest and AA Yes Corps 0.002
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.002
21. Comments:
The 0.002 acre wetland impact has been previously authorized and completed.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.002
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type *
3f. Type of
3g. S. width *
3h. Impact
❑
(?) 11
Jurisdiction*
length*
S1
Culvert
Permanent
Culvert
Stream C
Intermittent
Corps
76
Average (feet)
(lir�rfeet)
S2
Culvert
Permanent
Culvert
Stream C
Intermittent
Corps
71
Average (feet)
(linearfeet)
Stream restoration and
[e��St.bilizati.n
Stream C
Intermittent
Cor s P
culvert repair
Average (feet)
(linearfeel)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
147 200
3i. Total stream and ditch impacts:
347
3j. Comments:
The 147 If stream impacts have been previously authorized and completed. However, in order to bring the project back in compliance with 404/401
regulations, 200 If temporary impacts for stream retoration and culvert repair are required.
E. Impact Justification and Mitigation L•
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project was designed to avoid impacts wherever possible. The currently proposed site plan was
developed as a result of the alternatives analysis and avoidance and minimization process, limiting the new stream crossings to two within the entire
212 acre subdivision.
The footprint of the existing Rankinhill Road was utilized for the access. The wetland impacts were minimal (0.002 ac) and 1.15 acre of wetlands were
avoided.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on -
site jurisdictional waters of the U.S. will comply with Water Quality Certification (WQC) No. 4256.
All future work will be constructed in the dry via the utilization of a pump -around system.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The impacts are below the 0.02 acre stream mitigation and 0.1 acre wetland mitigation tresholds.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SMWT)
r Wetland Swale (higher SMWT)
r Other SCM that removes minimum 30 % nitrogen
W Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
r Phase II r NSW r USMP V Water Supply
Please identify which local government stormwater program you are using.
Mooresville Water Supply Watershed
Comments:
Local Water Supply Protection Program
G. Supplementary Information
1. Environmental Documentation
r No
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
2b Provide an explanation of the violation(s):
The installed culvert was perched and did not convey water. The Notice of Violation, dated July 30, 2021 is attached. Pump around will be maintained
until the situation is corrected.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes f• No
3b. If you answered "no," provide a short narrative description.
The project will not result in additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Sewerlines were extended to the property in the form of a force main.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r- No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No f Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r- No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A copy of the USFWS concurrence letter, dated December 19, 2016, is attached.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
https1/www. habitat. noaa.gov/apps/efh mapper/
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
CWS consulted the North Carolina State Historic Preservation Office (SHPO) online GIS service and found no historical structures, buildings, sites, or
districts within the project limits. However, the adjoining property south of the project area is listed on the National Register of Historic Places (NRHP):
Cornelius House. CWS contracted TRC Environmental Corporation
(TRC) to evaluate the potential effects of this project on any Cultural Resources adjacent to this project.
TRC stated that "There are no previously recorded archaeological resources within a 0.5-mile radius of the proposed Rankin Hill Subdivision. One
NRHP listed property was found adjacent to the southern border of the subdivision. The Cornelius
House was an early nineteenth home that was listed on the NRHP in 1980. The home possessed architectural characteristics that were unique to this
area of North Carolina. Map research indicates that the National Register listed Cornelius House is no longer standing. The house has been
demolished and no longer meets the criteria necessary for inclusion on the NRHP. TRC recommends that the proposed subdivision will have no effect
on the Cornelius House property." A copy of the Assessment of
Effects on Cultural Resource report is attached. The aforementioned report was forwarded to the SHPO on November 11, 2016 to determine the
presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response letter dated
December
13, 2016, SHPO states that they "are aware of no historic resources which would be affected by the project." A copy of the SHPO response letter is
attached.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
No impacts to jurisdictional waters of the U.S. are proposed within FEMA 100-year floodplain.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Firm Nos. 3710464900J and 3710464800J
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
dick the upload button or drag and drop files here to attach docurrent
Cover Letter and Attachments —Rankin Hill.pdf 15.04MB
File crust be FDF a K,&
Comments
Sig an ture U
W By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Aliisa Harjuniemi
Signature
ir4�u 2"rt�id�i
Date
9/8/2021
Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Owner Address:*
Is this a transportation project?*
Aliisa Harjuniemi
aliisa@cws-inc.net
Bart Carroll; DR Horton, Inc., Charlotte
Rankin Hill
Iredell
Street Address
2857 Westport Road
Address Line 2
aty
Charlotte
Postal / Zip axle
28208
(- Yes c: No
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
F Individual Permit W Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
(- Yes c: No
State / Province / Pegion
NC
Country
USA
Do you know the name of the staff member you would like to request a meeting with?
Alan Johnson
Please give a brief project description below and include location information.*
The Rankin Hill Road site is located in Mooresville, North Carolina.
CWS will submit a permit application pursuant to an After -the -Fact
Nationwide Permit to bring the project back in compliance with Clean
Water Act Section 404/404 regulations.
A Nationwide Permit verification was originally issued for this project
on March 8, 2017 (SAW-2012-00125). However, the original permit
has expired and corrective measures are needed to meet the
404/401 permit conditions as the installed culvert does not convey
the flow properly.
Work within a Stream is required to properly connect the outfall of the
culvert back with the stream. This would result in approximately 50 If
of temporary impacts upstream of the culvert and 150 If downstream
of the culvert. The temporary impacts will involve repairing the
perched pipe, pump -around system, and stream bank stabilization.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature *
Submittal Date 7/30/2021
CiAROLINA WETLAND .SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
To: Krystynka Stygar
USACE - Charlotte Regulatory Field Office
Alan Johnson
NCDEQ - 401 & Buffer Permitting Branch
Date: September 2, 2021
Subject: After -the Fact Pre -Construction Notification Pursuant to Nationwide Permit No. 29
Rankin Hill Subdivision (AKA Atwater Landing)
Mooresville, North Carolina
CWS Project No, 2016-3979
Dear Ms. Stygar and Mr. Johnson,
The Rankin Hill site is approximately 212 acres in extent and is located west of the Rankin Hill Road and
Fern Hill Road intersection in Mooresville, North Carolina (Figures 1 and 2, Attachment A). DR Horton has
contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this
project. An executed Agent Authorization Form is attached (Attachment B).
CWS is submitting an After -the Fact Pre -Construction Notification pursuant to Nationwide Permit No. 29 to
the U.S. Army Corps of Engineers and North Carolina Department of Environmental Quality for the impacts
to the jurisdictional waters of the U.S. associated with developing the property into a residential development.
A Nationwide Permit verification was originally issued for this project on March 8, 2017 (SAW-2012-00125),
authorizing 147 If of permanent stream impacts and 0.002 c. permanent wetland impacts. However, the
original permit has expired and corrective measures are needed to meet the 404/401 permit conditions as
the installed culvert does not convey the flow properly. The proposed additional impacts total 200 If of
temporary impacts to repair the perched culvert and stabilize the stream.
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1-7
Attachment B - Agent Authorization Form
Attachment C - General Permit Verification SAW-2012-00125
Attachment D - Notice of Violation
Attachment E - Corrective Action Plan: Details
Attachment F - Photographs
Attachment G - USFWS Letter
Attachment H - SHPO Correspondence
Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have
any questions or comments regarding this request.
Sincerely,
1(;9ry
PI&J-Zo
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager
Rankin Hill Subdivision
Attachments
September 2, 2021
CWS Project No. 2016-3979
ATTACHMENT A:
Figures 1-7
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REFERENCE: 7.5,MINUTE TOPOGRAPHIC USGS QUADRANGLES: TROUTMAN, NC (1993), SHEPHERDS, NC (1969), L..-;I •.
LAKE NORMAN NORTH, NC (1993), AND MOORES VILLE, NC (1996).
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SCALE: DATE: FIGURE NO.
1 inch = 2,000 feet 12/14/2016 USGS Site Location Map
�WS PROJECT NO: DRAWN BY
2016-3979 MML L Rankin Hill Road Subdivision
APPLICANT NO: CHECKED BY ^ A R ❑ L l N A Mooresville, North Carolina
KMT WETI.AN ❑ SERVICES CWS Project No. 2016-3979
U:\2016\CWS\2016 Plq.ds\2016-3979 R..kin Hi11\Ar.GIS\Figu 2_USGS.—d
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Rankin Hill Subdivision
Attachments
September 2, 2021
CWS Project No. 2016-3979
ATTACHMENT B:
Agent Authorization Form
AGENT CERTIFICATION OF AUTHORIZATION
I, Mr. Bart Carroll, representing ❑R Horton, Inc. Charlotte, hereby certify that I have authorized
Ahisa Harjuniemi of Carolina Wetland Services, Inc. to act on my behalf and take all actions
necessary to the processing, issuance, and acceptance of this request for wetlands
determination / permitting and any and all standard and special conditions attached.
Iredell County
Parcel 1D
Owner/Representative Name
And Contact Info
Owner/Representative Address
DR Horton, Inc. Charlotte
Atwater Landing
Subdivision:
POC: Bart Carroll
8025 Arrowridge Blvd.
4649318211.000 &
Phone: 704-620-7373
Charlotte, NC 28273.
4649404214.000
Email; bcarroll@drhorton.com
We hereby certify that the above information submitted in this application is true and accurate to
the best of our knowledge.
Authbnzed signature
D ate
Agent's signature
9.1.21
Date
Completion of this form will allow the agent to sign
all future application correspondence.
Rankin Hill Subdivision
Attachments
September 2, 2021
CWS Project No. 2016-3979
ATTACHMENT C:
General Permit Verification
(SAW-2012-00125)
SAW-2012-00125 (Rankin Hill Subdivision)
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2012-00125 (Rankin Hill Subdivision) County: Iredell U.S.G.S. Quad: NC-OUAD
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: DR Horton, Inc.
David Hughes
Address: 8001 Arrowridge Blvd
Charlotte, NC 28273
Telephone Number: 704.787.5622
E-mail: dihughesndrhorton.com
Size (acres) 212 Nearest Town Mooresville
Nearest Waterway Hobbs Creek River Basin Santee/Upper Catawba
USGS HUC 03050101 Coordinates Latitude: 35.636356
Longitude:-80.866525
Location description: Site is undeveloped forested land located just north of the eastern end of Lake Norman, immediately west
of Interstate 77 with Ranldn Hill Rd running east/west in middle of proposed development.
Description of projects area and activity: This verification authorizes:
Discharge of 0.002-acre of permanent fill materials into a headwater wetland
Discharge of 147 linear feet of permanent fill materials associated with placement of 2 culverted crossings in a
Perennial tributary
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 29
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 19 Dec 2016, and the enclosed plan sheets, entitled:
1) "Site Plan with FEMA 100-Year Floodplain", dated 22 Dec 2016, last revised 17 Jan 2017, sheet E-4.0, and prepared by
ESP Associates. P.A.
2) "Site Plan: Project Limits", 22 Dec 2016, last revised 17 Jan 2017, sheet E-4.0, and prepared by ESP Associates. P.A.
3) "OVERALL SITE PLAN RANKIN HILL SUBDIVISION PHASE", dated 23 Dec 2016, Figure 8, prepared by ESP
Associates. P.A.
4) "RANKIN HILL ROAD DISTURBANCE LIMITS RANKIN HILL ROAD RANKIN HILL SUBDIVISION", dated 08
Dec 2016, Figure 10, prepared by ESP Associates. P.A.
5) RANKIN HILL ROAD ROADWAY CULVERT RANKIN HILL ROAD RANKIN HILL SUBDIVISION", dated 08
Dec 2016, Figure 11, and prepared by ESP Associate. P.A.
6) "PRESTON ROAD CULVERT CROSSING RANKIN HILL ROAD RANKIN HILL SUBDIVISION", dated 08 Dec
2016, Figure 12, and prepared by ESP Associate. P.A.
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. Please note that this permit verification does expire on March 18, 2017. However, 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
SAW-2012-00125 (Ranldn Hill Subdivision)
to modify, suspend or revoke the authorization. Activities completed under the authorization of an NWP which was in effect at the time
the activity was completed continue to be authorized by that NWT.
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.
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 Jason Randolph at 704.510.1440 or iason.d.randolnh(a,usace.armv.mil.
/� 6ui�
Corps Regulatory Official. I'll 3/8/2017
Expiration Date of Verification: 3/18/2017
Copy furnished:
Agent: Carolina Wetland Services, Inc.
Grej!j! Antemann
Address: 550 E. Westinghouse Blvd.
Charlotte, NC 28273
Telephone Number: 704.408.1683
E-mail: 1!re1!1!(a,cws-inc.net
SPECIAL CONDITIONS
SAW-2012-00125 (Rankin Hill Subdivision)
NWP 29 verification
08 March 2017
a. In order to compensate for impacts associated with this permit, mitigation shall be provided
in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special
conditions of this permit authorization.
b. Future impacts to waters and wetlands that are associated with this development and
determined to be reasonably foreseeable may result in suspension or revocation of this
nationwide permit. Permittee shall immediately notify appropriate Corps office should any
undisclosed impacts become known or proposed.
d. Permittee shall provide their contractor a copy of this permit, and contractor shall possess a
copy of this permit on the project site during construction.
e. By acceptance of this permit verification, permittee agrees to allow a representative of the
Corps of Engineers onto the property during and after construction in order to perform
compliance inspections.
f. Permittee shall instruct their environmental consultant or engineer to review the details of
this verification, including all general, regional, and special conditions, with the contractor
before construction commences so contractor understands the limits of this authorization.
Action ID Number: SAW-2012-00125 (Rankin Hill Subdivision) County: Iredell
Permittee: DR Horton, Inc., David Hughes
Project Name: Rankin Hill Subdivision
Date Verification Issued: 3/8/2017
Project Manager: Jason Randolph
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: Jason Randolph
Select Field Office Name
U.S Army Corps of Engineers
Select Field Office Street Address
Select Field Office City
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
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Rankin Hill Subdivision
Attachments
September 2, 2021
CWS Project No. 2016-3979
ATTACHMENT D:
Notice of Violation
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail 7018 3090 00012319 0383
Return Receipt Requested
Bart Carroll
DR Horton
8001 Arrowridge Blvd.
Charlotte, NC 28273
Dear Mr. Carroll:
NORTH CAROLINA
Environmental Quahity
July 30, 2021
Subject: Notice of Violation
NOV-2021-PC-0217
401 Water Quality Certification
15A NCAC 02H .0500, GC #4256
Atwater Development
Iredell County
On July 16, 2021, in response to a concern expressed by staff from the Land Quality Section, staff from
this Office conducted an investigation at the subject site. Mr. Bart Carroll with D R Horton and a
representative from Carolina Wetlands Service were present during the site visit. It was noted that there
were several issues associated with the culvert that had been constructed for the road crossing on Rankin
Hill Rd. Based on the observations noted at the site, this correspondence is being issued as a Notice of
Violation.
The following violation was observed:
Title 15A NCAC 2H .0500, General Certification (GC) #4256
The GC requires that the stream pattern, dimension, and profile not be changed and the culvert to be buried
to allowed aquatic passage. During the inspection it was noted that the culvert was perched approximately
two (2) ft. above the stream bed on the downstream side. The stream itself was not flowing through the
culvert, but flowing under the culvert and daylighting off to the side. Other minor issues were also noted
and discussed that must be corrected.
Required Corrective Actions:
1) An application shall be submitted providing a stream restoration plan and other action to
resolve the stream/culvert issues to bring the road crossing into compliance with the conditions
of the GC. Expectant date of PCN submittal shall be provided.
2) A pump around must be maintained until the situation is corrected and the area stabilized to
prevent sediment deposition issues.
3) Given the complexity of the issue regarding the structural integrity of the culvert, DWR shall
be kept informed of the progress. Action shall be taken to protect the stream channel from
further impacts from sediment deposition and construction activities.
4) It is anticipated that this work shall be completed by September 30, 2021.
., _ North Carolina Department of Environmental Quality I Division of Water Resources
e:!Or:f _ FE IQ ,Jy}j Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
—22W- r 704.663,1699
If you have an explanation or any information/documentation related to the noted violation that you wish
to present, please respond within fifteen (15) days of receipt of this Notice. Your response should
address the items identified in this Notice of Violation. Please note that pursuant to G.S. 143-215.6A, these
violations and any future violations are subject to civil penalty assessments of up to $25,000.00 per day for
each violation.
Thank you for your attention to this matter. Should you have any questions regarding these matters, contact
Mr. Alan Johnson at Alan.Johnson@ncdenr.gov or (704) 560-0403.
Sincerely,
CDoCUSigned by:
A#4�H �;� for
FWFB69AMMA3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDEQ
cc: Bart Carroll, D R Horton, GBCarrollndrhorton.com
Shelton Sullivan — Compliance/Enforcement
Jonathan Williams - Iredell County, email
North Carolina Department
E Q2� of Environmental Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Water Resources/Water Quality Regional Section
df
P11'iYEY BOWES
021P $ 006.960
0000877578 JUL 302021
MAILED FROM ZIP CODE 28115
�h
Bart Carroll
DR Horton
8001 Arrowridge Blvd.
Charlotte, North Carolina 28273
11111it)lilt 111111111111!l1ljililT11111111111111111111111111lll
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
{so that:y a can return the card to you.
N Attach this card to the back of the mailpiece,
or on the front if space permits.
A. Signature
X ❑ Agent
❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
—
I D. Is delivery address different from item 17 u Yes
Bart Carroll
If YES, enter delivery address
below: ❑ No
DR Horton
8001 Arrowridge Blvd.
Charlotte, North Carolina 28273
7.30.21/ Water/Johnson
{
3. Service Type v `
❑Adult Signature
❑ Priority Mail Express®
❑Registered MaiITm
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❑ Certified Mail Restricted Delivery
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❑ Return Receipt for
c'.a Number (transfer from service label)
❑ Collect on Delivery
❑ Collect on Delivery Restricted Delivery
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Signature Confirmation"^+
❑ Signature Confirmation
. u .h8 3090 0001,2319 0383
❑ Insured Mail
❑ Insured Mail Restricted Delivery
Restricted Delivery
over$500;
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
3_
Rankin Hill Subdivision
Attachments
September 2, 2021
CWS Project No. 2016-3979
ATTACHMENT E:
Corrective Action Plan: Details
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Rankin Hill Subdivision
Attachments
September 2, 2021
CWS Project No. 2016-3979
ATTACHMENT F:
Photographs
Rankin Hill July 16, 2021
Sediment Assessment CWS Project No. 2021-0105
�r
_i�j;s., , _ • .��•. ._ .. .mot: _..- - -•`a'-
Photograph 1. Overall view of site. A retaining wall failed necessitating a second reinforcing
concrete wall. However, the culvert should be a buried culvert, therefore the stream needs to
be stepped down to the elevation of the stream, P1.
Photograph 2. View of pump -around upstream of the culvert. Since the stream was not flowing
through the culvert, a pump -around was installed.
Rankin Hill Subdivision
Attachments
September 2, 2021
CWS Project No. 2016-3979
ATTACHMENT G:
USFWS Letter
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
December 19, 2016
Mr. Gregg Antemann
Carolina Wetland Services, Inc.
550 East Westinghouse Boulevard
Charlotte, North Carolina 28273
Dear Mr. Antemann:
Subject: Rankin Hill Residential Development; Iredell County, North Carolina
Log No. 4-2-17-081
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence sent by email on December 15, 2016, wherein you request our comments
regarding potential impacts to federally protected species. We submit the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); Bald
and Golden Eagle Protection Act (16 U.S.C. 668-668d); the Migratory Bird Treaty Act
(16 U.S.C. 703-712); and section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) (Act).
Project Description
According to the information provided, you are requesting our concurrence with your
determination of impacts to federally protected species associated with the proposed construction
of a 212-acre residential development adjacent to the Hobbs Creek arm of Lake Norman near
Mooresville, North Carolina. According to the information provided, the project area consists of
dry-mesic oak -hickory forests, mesic mixed hardwood forest, and loblolly pine plantation.
Proposed impacts to Waters of the U.S. were not detailed in your correspondence but at least two
unnamed tributaries to Hobbs Creek/Lake Norman and wetlands also occur within the proposed
project boundary.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the project
area for the federally threatened northern long-eared bat. However, the final 4(d) rule (effective
as of February 16, 2016), exempts incidental take of northern long-eared bat associated with
activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150
feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on
the information provided, the project (which may require tree clearing) would occur at a location
where any incidental take that may result from associated activities is exempt under the 4(d) rule.
Given that no records of this species occur within 30 miles of the project area, and that maternity
roost habitat of comparable or better quality occurs in the project vicinity, we believe the
probability of take of this species that may result from the proposed project is insignificant or
discountable. Therefore, we concur with you determination that the project may affect, but is not
likely to adversely affect this species.
You have determined that the proposed project will have no effect on any other federally
protected species based on several pedestrian surveys and desktop surveys. Moreover, the
Service has record of no other federally protected species for those species in the project area.
Therefore, we consider the requirements under the Act to be complete and require no further
action at this time. Please be aware that obligations under section 7 of the Act must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.
The Service appreciates the opportunity to review this project and provide these comments.
Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any
questions. In any future correspondence concerning this project, please reference our Log
Number 4-2-17-081.
Sincerely,
- - original signed - -
Janet A. Mizzi
Field Supervisor
e.c. Jason Randolf, USACE
Rankin Hill Subdivision
Attachments
September 2, 2021
CWS Project No. 2016-3979
ATTACHMENT H:
SHPO Correspondence
621 Chatham Avenue
2nd Floor
Columbia, SC 29205
803.933.9991 PHONE
803.933.9993 Fax
www.TRCsolutions.com
November 11, 2016
Ms. Renee Gledhill -Earley
North Carolina State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
Re: Rankin Hill Subdivision Site: Background Review and Assessment of Effects on Cultural
Resource, Iredell County, NC.
Dear Renee:
On behalf of Carolina Wetland Services, Inc., TRC Environmental Corporation (TRC) respectfully submits
the following information to assist you in evaluating the effects that the proposed Rankin Hill Subdivision
tract will have on Cultural Resources including the National Register -of Historic Places (NRHP) listed
Cornelius House (ID0016) (Figures 1 and 2). It is anticipated that U.S. Army Corps of Engineers (USACE)
permit will be required in order to construct a residential subdivision near Mooresville, North Carolina.
On November 10, 2016 TRC conducted background research at the North Carolina Office of State
Archaeology (OSA) and via the HPOWEB GIS website to gather information on cultural resources within
and adjacent to the project area. A review of the archaeological site files indicates that there are no
previously recorded archaeological sites within a 0.5-mile radius of the project tract. The Cornelius House
is adjacent to the southern Boundary of the proposed subdivision (Figure 3).
The site is in the Piedmont Physiographic Province. The land is currently forested and surrounded by light
density residential areas and lake housed overlooking Lake Norman. Unnamed drainages that flow into
Lake Norman mark the northern and southern boundaries of the proposed subdivision. A new subdivision
is currently being built on the south side of Cornelius Road between the NRHP listed Cornelius House and
Lake Norman.
Cornelius House (ID0016)
The Cornelius House was listed on the National Register of Historic Places in 1980 for its architectural
significance. It is was described as an example Federal tripartite house (ca. 1820-1830), a style that is rare
in the North Carolina Piedmont and Iredell County (NRHP Nomination Form 1980) (Figure 4). Large trees
surrounded the house and a number of twentieth century farm buildings were present on the property. The
NRHP Nomination Form indicates that the only outbuilding of interest was a two-story, gable roof structure
that was thought to be a mid -nineteenth century granary.
In 1980 it was noted that the house was becoming dilapidated. Based on aerial photographs the house and
the granary were torn down sometime between 2014 and 2015 (Figures 5 and 6). Remaining on the site are
the chimneys from the house, a large, twentieth century frame and cinderblock dairy barn and grain silos.
The open fields north of the house remain intact.
Potential Impacts
The Rankin Hill Subdivision will be located north of the former Cornelius House. The house is no longer
standing and no longer possesses the architectural integrity for which it was listed on the NRHP. Because
it is no longer extant the proposed subdivision will have no effect on the Cornelius House.
Planned Mitigation
As mentioned above, the field that was included as part of the viewshed of the Cornelius House is still
present. Current plans indicate there will be approximately 300 feet of forested land between proposed
subdivision and the open field include in the Cornelius House NRHP listing.
SUMMARY
There are no previously recorded archaeological resources within a 0.5-mile radius of the proposed
Rankin Hill Subdivision. One NRHP listed property was found adjacent to the southern border of the
subdivision. The Cornelius House was and early nineteenth home that was listed on the NRHP in 1980.
The home possessed architectural characteristics that were unique to this area of North Carolina. Map
research indicates that the National Register listed Cornelius House is no longer standing. The house has
been demolished and no longer meets the criteria necessary for inclusion on the NRHP. TRC recommends
that the proposed subdivision will have no effect on the Cornelius House property.
If you would like additional information or have any questions or comments about the Rankin Hill
Subdivision plans please do not hesitate to contact me at 803-960-0083 or snorris&tresolutions.com..
Sincerely,
Sean Norris
Cultural Resource Program Leader
2
Figure 1. USGS topographic map showing the location of the subdivision and Cornelius House.
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Cornelius-
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NRHP
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Figure 2. Subdivision plans and nearby historic resources.
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Figure 6. Transmission Lines impacting viewshed of no longer extant Cornelius House. (Googleearth
streetview photograph)
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory Office of Archives and History
Secretary Susan Kluitz Deputy Secretary Kevin Cherry
December 13, 2016
Sean Norris
TRC Solutions
621 Chatham Avenue, 2nd Floor
Columbia, SC 29205
Re: Develop Rankin Hill Subdivision, Off Cornelius Road, Mooresville, Iredell County, ER 16-2155
Dear Mr. Norris:
Thank you for your letter of November 11, 2016, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
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 consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.reviewkncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
C,�C� )�-Q-c�uLtaau�
60�(Ramona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fas: (919) 807-6570/807-6599