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HomeMy WebLinkAbout20061341 Ver 5_401 Application_20140614! a CWS QCarolina Wetlantl Services Carolina Wetland Services, Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 704 -527 -1177 - Phone 704 -527 -1133 - Fax TO: Ms. Karen Higgins NCDWR— Wetlands and Stonn Water Branch 512 N Salisbury St 9th Floor Archdale Building Raleigh NC 27604 �tp0 6'1 3 4 1U►i Date 6/3/2014 CWS Project # 2013 -3236 LETTER OF TRANSMITTAL WE ARE SENDING YOU: ®Attached ❑Under separate cover via the following items: ❑ Prints ❑ Plans ❑ JD Package ❑ Specifications ❑ Copy of letter ❑ Change order ❑ Wetland Survey ® Other IF FNCI OSURRS ARF NOT AS NOTFD KINDT.Y NOTIFY US AT ONCF THESE ARE TRANSMITTED as checked below: 7For approval ❑Approved as submitted ❑Resubmit copies for approval For your use ❑Approved as noted ❑Submit copies for distribution ]As requested ❑Returned for corrections ❑Return corrected prints JFor review and comment ❑For your verification and signature ARKS: Karen, Please find attached five copies of the Preconstruction Notification and application for an No. 3890 for Olmsted Phase II A check for the application fee is also attached I to: File ,you, Blackwell, PWS dentist ,i NORTH CAROLINA • SOUTH CAROLINA 1 6/3/14 5 Application for Water Quality Certification No 3890 2 1 6/3/14 1 1 1 Application Fee Check ($570) THESE ARE TRANSMITTED as checked below: 7For approval ❑Approved as submitted ❑Resubmit copies for approval For your use ❑Approved as noted ❑Submit copies for distribution ]As requested ❑Returned for corrections ❑Return corrected prints JFor review and comment ❑For your verification and signature ARKS: Karen, Please find attached five copies of the Preconstruction Notification and application for an No. 3890 for Olmsted Phase II A check for the application fee is also attached I to: File ,you, Blackwell, PWS dentist ,i NORTH CAROLINA • SOUTH CAROLINA J Corps Submittal Cover Sheet Please provide the following info: It 008134 V-5 1. Project Name Olmstead Subdivision Phase II 2. Name of Property Owner /Applicant: John Wieland Homes POC Mr. Andrew McCoy 3. Name of Consultant /Agent: Mr. Tom Blackwell, Carolina Wetland Services, Inc. I® *Agent authorization needs to be attached 4. Related/Previous Action ID number(s): NWP 29 (Phase II) Action ID SAW- 2008 -03216 (DWO No. 06- 1341V4 NWP 29 (Phase 1C) Action ID SAW- 2008 - 01130 -360 (DWQ No. 06- 1341V3) NWP 12 and 39 (Phase IA) Action ID 2006 - 40631 -360 (DWQ No. 06 -1341) USACE Jurisdictional Verification (Action Id No. 200803216) USACE Jurisdictional Verification (Action Id. No. 200630730) USACE Jurisdictional Verification (Action Id. No. 200531604) 5. Site Address: ADDrox. 1.5 miles northeast of Asbury Chapel Road — Eastfield Road, Intersection 6. Subdivision Name: Olmsted Subdivision 7. City: Huntersville 8. County: Mecklenburg 9. Lat: N35.391817° Long: W80.795877° (Decimal Degrees Please) 10. Quadrangle Name: Cornelius, dated 1996 11. Waterway: Ferrelltown Creek 12. Watershed: Yadkin (HU# 03040105) 13. Requested Action: s l "-=c. • Nationwide Permit # 29 'I 0 General Permit # • Jurisdictional Determination Request w & � �� Bran Pre - Application Request The following information will be completed by Corps office: Prepare File Folder Assign number in ORM Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site /Waters Name: Keywords: Begin Date 1 IDWIIS `�, Carolina Wettand Sorvices May 29, 2014 550 E WESTINGHOUSE BLVD CHARLOTTE, NC 28273 704 - 527 -1177 (v) 704 -527 -1133 (fax) Mr. William Elliott U S Army Corps of Engineers 151 Patton Avenue Asheville, NC 28801 Subject: Pre- Construction Notification Pursuant to Nationwide Permit No. 29 Olmsted Subdivision Phase II Huntersville, North Carolina Carolina Wetland Services Project No. 2013 -3236 Dear Mr Elliott The Olmsted Subdivision Phase 11 is located in Huntersville, North Carolina, approximately 1 5 miles northeast from the Asbury Chapel Road — Eastfield Road intersection (Figure 1 USGS Map attached) The purpose of this project is to develop approximately 292 acres into a residential subdivision Phase 1 A of the development was authorized by the USACE (Action Id No 2006 - 40631 -360) and the NCDWQ (DWQ No 06 -1341) in 2006 Phase 113 did not impact Jurisdictional waters of the U.S. , and a "no- impact" permit application was submitted on February 19, 2007 Mr Alan Johnson of the NCDWQ Mooresville Office recommended a submittal for Phase 1 B to tie all phases (including future) together for storm water management purposes for the entire development The authorized permits are enclosed Phase 1 C of the development was authorized by the USACE (Action Id No SAW-2008-01 13 0 -360) and the NCDWQ (DWQ No 06 -1341 V3) in 2008. Phase IA, 1B, and 1C have all been completed. Phase 11 was also authorized by the USACE (Action Id No SAW -2008- 03216), however due to economic conditions at the time, Phase I1 was not completed and the permit has since expired Copies of all permits previously issued for this project are enclosed John Wieland Homes has contracted Carolina Wetland Services, Inc (CWS) to provide Section 404/401 permitting services for this project Applicant Name: John Wieland Homes, Mr Andrew McCoy Mailing Address: 8325 -D Arrowridge Blvd, Charlotte, NC 28273 Phone Number of Owner /Applicant: 704 -522 -9200 Street Address of Project: N/A Waterway: Ferrelltown Creek Water Quality Classification: Class C Basin: Yadkin (HU# 03040105) City: Huntersville County: Mecklenburg Decimal Degree Coordinate Location of Project Site: N35 391817 °, W80 795877° Parcel ID Nos.: 02118101, 02119105, 02114499, 02114129 USGS Quadrangle Name: Cornelius, North Carolina, 1996 Current Land Use The current land use for the project area is wooded with adjacent residential developments and utility line right -of -ways Dominant vegetation within the project area consists of ironwood NORTH CAROLINA • SOUTH CAROLINA WWW CWS -INC NET Olmstead Phase II May 29, 2014 Nationwide Permit No. 29 CWS Proiect No. 2013 -3236 (Carpinus carolmiana), tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), eastern red cedar (Juniperus virginiana), red elm (Ulmus rubra), red maple (Acer rubrum), Virginia creeper (Parthenocissus quinquefolia), Japanese honeysuckle (Lonicerajaponica), false nettle (Boehmeria cylindrica), privet (Ligustrum sinense), bedstraw (Gahum sp ), and various sedges (Carex spp ). According to the Soil Survey of Mecklenburg County' (Figure 2, attached), on -site soils consist of Cecil sandy clay loam, 8 -15 percent slopes, moderately eroded (CeD2), Enon sandy loam, 2 -8 percent slopes (EnB), Monocan loam, 0 -2 percent slopes, frequently flooded (MO), Wilkes loam, 4 -8 percent slopes, 8 -15 percent slopes, and 15 -25 percent slopes (WkB, WkD, and WkE, respectively) On -Site Cecil, Enon, and Wilkes soil units are all well drained soils. Monocan loam, 0 to 2 percent slopes, frequently flooded (MO) is somewhat poorly drained and is listed in the North Carolina Hydric Soils List for Mecklenburg County as having hydric inclusions2 Monocan loam, 0 to 2 percent slopes, frequently flooded (MO) is also listed as partially hydric on the National Hydric Soils List3 (hydric criteria 2B3, 4). Jurisdictional Delineation On January 24 -28, 2005, CWS delineated (flagged in the field), classified, and surveyed using a sub -meter GPS unit, on -site jurisdictional waters of the U.S using the U.S. Army Corps of Engineers ( USACE) - Routine On -Site Determination Method This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual.5 On -Site jurisdictional features were verified by Ms Amanda Jones of the USACE — Asheville Field Office on March 15, 2006 (Action Id. No 200531604, enclosed). The site was reinvestigated in 2008 by CWS's Gregg Antemann and Paul Bright and was re- verified by the USACE in association with a Nationwide Permit No 29 issued in April 2008 (SAW- 2008 - 01130 -360). On November 19, 2013, CWS reinvestigated the site again and confirmed that there has been no change to the limits of jurisdiction of on -site waters of the U.S including wetlands. Table 1 (below) summarizes the on -site jurisdictional waters of the US Figures 4— 7 (attached) show the approximate location of on -site jurisdictional waters of the U S United States Department of Agriculture (USDA), 2013 Sod Survey of Mecklenburg County, North Carolina United States Department of Agriculture — Natural Resources Conservation Service, 2012 North Carolina Hydric Soils List, USDA -NRCS North Carolina State Office, Raleigh United States Department of Agriculture — Natural Resources Conservation Service, 2012 2012 National Hydric Sods List by State ' Environmental Laboratory "Corps of Engineers Wetlands Delineation Manual," Technical Report Y -87 -1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi 2 Olmstead Phase II May 29, 2014 Nationwide Permit No. 29 CWS Proiect No. 2013 -3236 Table 1. Summary of On -Site Jurisdictional Waters of the U.S. Jurisdictional o Feature Classification Approximat . e Length 1 Stream A Perennial 3,377 Stream F Unimportant Intermittent 815 Stream G Unimportant Intermittent 469 Stream H Unimportant Intermittent 267 Stream J Unimportant Intermittent 77 Stream K Unimportant Intermittent 1,167 Stream L Unimportant Intermittent 431 Stream M Unimportant Intermittent 745 Stream N Unimportant Intermittent 302 Stream O Unimportant Intermittent 600 Stream P Perennial 2,370 Unimportant Intermittent 585 Stream Q Important Intermittent 440 Stream R Unimportant Intermittent 170 Stream S Unimportant Intermittent 670 Stream T Unimportant Intermittent 139 Important Intermittent 1,037 Perennial 360 Stream U Unimportant Intermittent 78 Important Intermittent 393 Stream V Unimportant Intermittent 880 Stream W Unimportant Intermittent 230 Stream X Important Intermittent 55 Stream Y Unimportant Intermittent 254 Unimportant Intermittent 7,879 If Important Intermittent 1,783 If Perennial 5,780 If Stream Total 15,442 If Jurisdictional Feature . Classification Approximat a Acreage (ac) Wetland AA Directly abutting RPW 438 Wetland BB Directly abutting RPW 0 033 Wetland CC Directly abutting RPW 0 184 Wetland DD Directly abutting RPW 0 331 Wetland FF Directly abutting RPW 0 099 Wetland GG Directly abutting RPW 0 382 Wetland LL Directly abutting RPW 0207 Wetland MM Directly abutting RPW 0 082 Pond A Impoundment of Stream A 1053 Wetland Total 5.7 ac Pond Total 10.53 ac Olmstead Phase II May 29, 2014 Nationwide Permit No. 29 CWS Proiect No. 2013 -3236 Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on October 8, 2008 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 October 21, 2008 (attached), the SHPO stated they " have conducted a review of the proposed undertaking and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the undertaking as proposed." Protected Species A letter was forwarded to the North Carolina Natural Heritage Program ( NCNHP) on October 8, 2008 to determine the presence of any federally- listed, candidate endangered, threatened species or critical habitat located within the project area. In a response letter, dated October 14, 2008 (attached), the NCNHP stated that they have " .three records of rare species and one Significant Natural Heritage Area, within 2 kilometers of the project site...." CWS conducted a protected species survey of the site which consisted of a literature and records search, and pedestrian observations from January 24 through 28, 2005 and concluded that no protected species were found within the project limits. Potential habitats for the endangered species were re- surveyed during the flowering season on October 26, 2006. No protected species were found within areas of potential habitat. Please refer to the previously authorized Nationwide Permit submittal (Action ID No. 2006 -40631 -360) to review a copy of the Protected Species Report for the entire subdivision Purpose and Need for the Project The purpose of this submittal is to construct the final phase of the Olmsted Subdivision, Phase II (Figure 8, attached). Phase II will develop approximately 292 acres of wooded area into a residential subdivision to provide single- family housing to meet the growth and demand of an area of Mecklenburg County that is experiencing significant population growth. Impacts to on -site jurisdictional waters of the U S are necessary to construct road crossings and utility crossings to service Phase II of the Olmstead Subdivision Avoidance and Minimization Impacts to on -site jurisdictional waters of the U S have been reduced to the maximum extent practicable Road crossings and utility crossings of jurisdictional waters of the U.S were avoided and /or combined wherever possible in order to reduce impacts. Road crossing have been reduced to the minimum number necessary to meet local planning ordinances requiring appropriate emergency vehicle access within the subdivision. An aerial sewer line is proposed in order to minimize disturbances to jurisdictional waters of the U S. Additionally, a bottomless culvert will be implemented on one road crossing in order to reduce impacts to Perennial RWP Stream A (Figures 8 and 11, attached). Our client chose to utilize a bottomless culvert to cross Stream A, despite the considerable expense involved, due to the high quality of this stream Retaining walls are used at the headwalls and endwalls to minimize the length of culvert required for each crossing In addition, the required amount of rip rap was limited to the maximum extent practicable and within specification of local ordinances The temporary construction easement for the sanitary sewer will be limited to 15 feet in width through wetlands Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. 4 Olmstead Phase II May 29, 2014 Nationwide Permit No. 29 CWS Proiect No. 2013 -3236 Proposed Impacts to Jurisdictional Waters Unavoidable impacts to on -site jurisdictional waters associated with Phase II of the Olmsted Subdivision total approximately 1,007 linear feet of stream and 0.313 acre of wetlands On behalf of our client, John Wieland Homes, CWS is requesting a waiver of the 300 linear foot limit for impacts to intermittent streams. CWS is requesting this waiver due to the large size of the overall project (470 acres including all phases) and the extensive efforts made to avoid and minimize impacts to jurisdictional waters. Impacts to Seasonal RPWs with Intermittent flow. Unavoidable impacts to on -site intermittent stream channels total 707 linear feet and are the result of culverts and rip rap aprons associated with roadways (Crossings 1, 3, 4, and 10), and a sewer line crossing (Crossing 5) Permanent impacts total 692 linear feet and are associated with road crossings Temporary impacts total 15 linear feet and are associated with the sewer line crossing Impacts to Perennial RPWs. Unavoidable permanent impacts to on -site important perennial stream channels total 300 linear feet and are the result of the installation of culverts and rip rap aprons associated with Crossings 6 and 7 Figures 18 and 19 (attached) illustrate a plan view and profile view, respectively, of Crossing 6 Figures 20 and 21 (attached) illustrate a plan view and profile view, respectively, of Crossing 7 Impacts to Jurisdictional Wetlands: Permanent impacts to jurisdictional wetlands total 0.313 acre and are the result of the placement of fill for road crossings and building pads, and the conversion of forested wetlands to maintained herbaceous wetlands in utility easements. Impacts to Wetland AA associated with road crossings total 0.07 acre and are shown on Figures 12 and 14 (attached) Impacts to Wetland DD are associated with a road crossing and total 0 05 acre and are shown on Figure 27 (attached). Impacts to Wetland GG are the result of the placement of fill necessary to construct three buildable lots These impacts total 0 16 acre and are shown on Figure 26 (attached) Figure 23 (attached) illustrates a plan view for a proposed aerial sewer crossing of Wetland AA in which wetland fill is needed for the sewer footers. This aerial sewer crossing will result in the conversion of 0.032 acre of forested wetland to maintained herbaceous wetland, and approximately 0 0005 acre of fill associated with the footers for the aerial sewer line Impacts are summarized in Table 2 below and an overview of impact locations is attached as Figure 8 Olmstead Phase II May 29, 2014 Nationwide Permit No. 29 CWS Proiect No. 2013 -3236 Table 2. Phase II Impacts to Jurisdictional Waters Jurisdictional Impacts Impact Figure Feature Type of Impact Temporary / Permanent (if) (acres) Number Seasonal RPW Culvert & Rip Rap Permanent 168 0 012 9& 10 Stream K Seasonal RPW Culvert & Rip Rap Permanent 164 0 009 12 & 13 Stream M Seasonal Culvert & Rip Rap Permanent 132 0 009 14 & 15 Stream O Seasonal Utility Crossing Temporary 15 0 001 16 & 17 Stream S Seasonal Culvert & Rip Rap Permanent 228 0 015 24 & 25 Stream T Perennial Culvert & Rip Rap Permanent 162 0 011 18 & 19 Stream P Culvert & Rip Rap Permanent 138 0 015 20 & 21 Fill (footers for Permanent -- 00005 23 aerial sewer) Conversion from Wetland AA Forested to Permanent -- 0 032 23 Herbaceous (Sewer) Fill (Road Permanent -- 0 070 12 & 14 Crossing) Wetland DD Fill (Road Permanent -- 0 050 27 Crossing) Wetland GG Fill Permanent -- 0 160 26 Total Permanent Wetland Impacts -- 0.313 acre Total Permanent Seasonal RPW (Intermittent) Stream Impacts 692 LF 0.045 acre Total Permanent Perennial RPW Stream Impacts 300 LF 0.026 acre On behalf of John Wieland Homes, CWS is submitting a Pre - Construction Notification Pursuant to Nationwide Permit No 29 and Water Quality Certification No 3890 (enclosed). R Olmstead Phase II May 29, 2014 Nationwide Permit No. 29 CWS Proiect No. 2013 -3236 Impacts from Previously Permitted Phases Previously permitted phases of this subdivision resulted in unavoidable impacts to jurisdictional waters Previously permitted impacts are summarized in Table 3 below Table 3. Previouslv Permitted Proiect Impacts to Jurisdictional Waters Trunk Sewer: Nationwide Permit No. 12 and Water Q alit Certification No. 3374 Jurisdictional Feature Temporary Permanent Total USACE Action ID No. Impacts Impacts Perennial 1351f 951f* 2301f 2006- 40631 -360 (Impacts Completed) Important Intermittent 40 if 40 If* 801f Unimportant Intermittent 100 if 70 If* 170 if 0 if Total 2751f (2051f* 4801f permitted) Phase la: Nationwide Permit No. 39 and Water Quality Certification No. 3402 Jurisdictional Feature Impacts Total USACE Action ID No. Unimportant Intermittent 245 if of Fill 245 if Stream 0 2006-40 Completed) (Impacts Coomple Unimportant Intermittent 210 if of temporary impacts, 315 Net gam Stream Q lmear feet of relocation of 105 if Total 455 if 140 If Phase lc: Nationwide Permit No. 29 and Water Quality Certification No. 3705 Jurisdictional Feature Temporary Permanent Total USACE Action ID No. Impacts Impacts Unimportant Intermittent 225 if 225 if Stream C (0 02 acre) (0 02 acre) SAW- 2008 - 01130 -360 (Impacts Completed) 225 if 225 If Total -- (0.02 acre) (0.02 acre Phase 2: Nationwide Permit No. 29 and Water Qua lit Certification -No. 3705 Jurisdictional °Feature Temporary Permanent Total USACE Action ID No. Impacts Impacts Important Intermittent -- 1371f 1371f 4601f Unimportant Intermittent 451f 4151f (0 025 (0 003 acre) (0 022 acre) acre ) SAW- 2008 -03216 (Impacts Not Stream Total 451f 5521f 5971f Completed) - Wetlands -- 0 15 acre 0 15 acre Wetland Total -- 0.15 acre 0.15 acre * All Permanent Impacts under the trunk sewer have been converted to temporary through the removal of rip -rap and restoration of the channel to its natural condition In 2011, CWS requested an amendment to the NWP No. 12 ( USACE Action ID No. 2006 - 40631 -360) which was previously issued for the construction of a trunk sewer line This permit authorized 205 linear feet of permanent impacts to Jurisdictional Waters of the U S associated with sewer line crossings (Table 3) CWS requested that these permanent impacts be considered as temporary impacts. The sewer line crossings have been completed and are below the bed of the channel. All 7 • Olmstead Phase II May 29, 2014 Nationwide Permit No. 29 CWS Pro iect No. 2013 -3236 hard stabilization (rip -rap) was removed from the channel and stream banks and the impacted areas have been returned to their natural condition. Compensatory Mitigation Construction of Phase II of the Olmsted Subdivision has limited permanent impacts to 300 linear feet of perennial stream channels, 692 linear feet of intermittent streams channel with low aquatic function, and 0.313 acre of wetlands All previous permanent impacts from past phases of the project occurred within unimportant intermittent stream channels, and were completed at a time when these impacts did not require compensatory mitigation. Our client proposes to mitigate for unavoidable intermittent stream and wetland impacts at a 1:1 ratio, and for all perennial stream impacts at a 2.1 ratio Total cumulative impacts, and required mitigation for this project are summarized in Table 4, below Table 4. Cumulative Impacts and Required Mitigation Previous Rapanos Status of Impact Impact Mitigation Classification Classification Impacts s (acre) ` s (If) Required Unimportant None Intermittent Seasonal RPW Completed -- 470 (grandfathered) Streams Unimportant Intermittent Seasonal RPW Proposed -- 692 692 if (1 1 ratio) Streams Perennial Perennial RPW Proposed -- 300 600 if (2.1 ratio) Streams 0 313 acre Wetlands Abutting RPW Proposed 0 313 -- (1 1 ratio) Total Required Stream Mitigation 1,292 linear feet Total Required Wetland Mitigation 0.313 acre Due to the large amount of unimpacted stream channels on the site, our client proposes to mitigate for impacts through the preservation of on -site streams and wetlands. All remaining unimpacted streams and wetlands will be protected by deed restriction. Buffers with a minimum width of 50 feet will be placed on all stream channels for which our client proposes to garner mitigation credit. Buffered areas total approximately 69 acres and are shown in Figure 28 (attached) Our client proposes to mitigate for unavoidable intermittent stream and wetland impacts at a 1.1 ratio, and for all perennial stream impacts at a 2:1 ratio. The required mitigation for this project, based on these ratios, is summarized in Table 4. Mitigation generated through stream preservation is calculated and summarized in Table 5 below. Olmstead Phase 11 May 29, 2014 Nationwide Permit No. 29 CWS Proiect No. 2013 -3236 Table 5. Proposed Mitigation NCDWR Classification Rapanos Classification Mitigation Type LF / Acre Mitigation Ratio Mitigation Credits Generated Int Streams Seasonal RPW Preservation 9,579 If 025 1 2,395 Per Streams Perennial RPW Preservation 6,395 If 04 1 2,558 Wetlands Abutting RPW Preservation 4 771 acres 1 1 4 771 acres Total Proposed Stream Mitigation Credits 4,953 Total Proposed Wetland Mitigation 4.77 acres Please do not hesitate to contact us at 704 -527 -1177 should you have any questions or comments regarding these findings T ltola s J Blackwell, P W S GereAntemann, PWS Project Scientist Principle Scientist Enclosures Figure 1 USGS Site Location Map Figure 2 Soil Survey Map of Mecklenburg County Figure 3 Phase II Overview Figure 4 Approximate Jurisdictional Boundary Map - Overview Figures 5 — 7 Approximate Jurisdictional Boundary Maps Figure 8 Proposed Impacts — Overview Figures 9 — 27 Proposed Impacts Figure 28 Mitigation Buffer Map Agent Certification of Authorization Form Pre - Construction Notification Pursuant to a NWP No 29 and WQC No 3890 Agency Correspondence USACE Jurisdictional Verification (Action Id Nos 200531604) USACE Jurisdictional Verification (Action Id Nos 200630730) Nationwide Permit Nos 12 and 39 (Phase IA, sewer line) Action ID 2006 - 40631 -360 NCDWQ Water Quality Certification (DWQ No. 06 -1341) Nationwide Permit No 29 (Phase 1C) Action ID SAW- 2008 -01130 -360 NCDWQ Water Quality Certification (DWQ No 06 -1341 V3) USACE Jurisdictional Verification (Action id Nos 200803216) Nationwide Permit No 29 (Phase 11) Action ID SAW- 2008 -03216 NCDWQ Water Quality Certification (DWQ No 06 -1341 V4) cc Ms Cyndi Karoly, NCDWQ • Legend Phase II Project Limits Perennial 91 ••••••• Important Intermittent Perennial RPW Stream •••... Unimportant Intermittent Wetlands Stream S Stream W Pond Figure 6 Roads HUS MCGIN Stream V Wetlan�AA Wetland CC Figure 5 Stream N ' •,� Stream M • + Stream O ' Wetland MM • . '•�- Pon I A -7 ).53 ac Q Wetland LL •• Stream U -) Stream L ; � Stream R •s J • CO ` Q 70 \ i Wetland AA Stream T Stream K 41, r _ Wetland GG l 2 m� F Stream Q FWetland DD Stream J TE Jar Stream H N P K GG •',, Stream F Wetland FF 5 Opp Stream X Wetland BB Stream G Perennial RPW Stream A! Stream Y �^ Perennial RPW Stream P Figure 7 NOTE JURISDICTIONAL WATERS OF THE U S WERE DELINEATED AND CLASSIFIED BY CWS, INC ON JANUARY 24-28,2005, SEPTEMBER 30, 2008, AND XXXX, 2013. JURISDICTIONAL FEATURES HAVE BEEN Z < VERIFIED BY THE USACE REFERENCE: BACKGROUND GIS LAYERS PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2010 PS�F\ 800 400 0 800 Feet STREAM AND WETLAND LAYERS GENERATED BY CWS. INC., DATED NOVEMBER 2013. SCALE: 1" . 800' 11 -12 -13 II Approximate Jurisdictional FIGURE No. CWS PROJECT NO DRAWN BY Boundary Ma - Overview KMT 2013 -3236 �% Cw Olmstead Phase I I n ANT NO CHECKED BY """"�" Huntersville, North Carolina `* TJB WWW,CWS- INC.NET CWS Project No. 2013 -3236 Legend Phase II Project Limits Perennial ........ Important Intermittent ........ Unimportant Intermittent Wetlands Pond Roads Wetland MM — 0.082 ac Uni. Intermittent RPW Stream K — 1,167 LF �u 4 Z� U J m Q Wetland DD — 0.331 ac Uni. Intermittent RPW Stream F 815 LF Uni. Intermittent RPW Stream N — 302 LF Uni. Intermittent RPW Stream M — 745 LF Uni. Intermittent RPW Stream L 431 LF •• t HUS =Wetland Uni. Intermittent RPW Stream O 600 LF f Ix \ •••� /� Pond A - 10.53 ac Wetland AA — 4.38 ac Uni. Intermittent RPW Stream R — 170 LF Perennial RPW Stream A — 3,377 LF Wetland GG 0.382 ac Uni. Intermittent RPW Stream H ` 267 LF 0 s Uni. Intermittent RPW Stream J 77 LF c Wetland FF ADE q/ RST p Uni. Intermittent RPW Stream G 0.099 ac FD 469 LF O O NOTE JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CWS, INC 2 ON JANUARY 24-28.2005. SEPTEMBER 30, 2008. AND XXXX, 2013, JURISDICTIONAL FEATURES HAVE BEEN 0 VERIFIED BY THE USACE. 400 200 0 400 Feet REFERENCE BACKGROUND GIs LAYERS PROVIDED BY MECKLENBURG COUNTY GIs DEPARTMENT DATED 2010 STREAM AND WETLAND LAYERS GENERATED BY CWS. INC DATED NOVEMBER 2013. LE 1" : 400' DATE 11 -12 -13 (I Approximate Jurisdictional FIGURE NO. PROJECT No DRAWNBY. Boundary Ma 2013 -3236 KMT Olmstead Phase 11 _ICANT NO CHECKED BY L r - Huntersville, North Carolina 5 TJB WWW.CWS- INC.NET CWS Project No. 2013 -3236 ' Legend Phase II Project Limits Perennial •••••••• Important Intermittent •" Unimportant Intermittent M Wetlands Pond Roads Pond A - 10.53 ac Uni. Intermittent RPW Stream W — 230 LF Uni. Intermittent RPW Stream S 670 LF JI N '•. �!erenn'a' RPW Stream A 3,377 LF Impt. Intermittent RPW Stream U 393 LF Uni. Intermittent RPW Stream V 880 LF Uni. Intermittent RPW Stream U 78 LF 'Perennial RPW Stream T 360 LF ''• : i Wetland LL Impt. Intermittent RPW Stream T •••• 0.207 ac — 1,037 LF •'•• : Uni. Intermittent RPW Stream T' _a 139 LF ••` Perennial RPW Stream P — 2,043 LF NOTE JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CWS. INC. ON JANUARY 24-28.2005, SEPTEMBER 30. 2008, AND XXXX. 2013 JURISDICTIONAL FEATURES HAVE BEEN VERIFIED BY THE USACE. REFERENCE. BACKGROUND GIS LAYERS PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2010 STREAM AND WETLAND LAYERS GENERATED BY CWS. INC DATED NOVEMBER 2013 SCALE. 1" : 300 DATE 11 -12 -13 CWS PROJECT NO DRAWN BY KMT 2013 -3236 PPLICANT NO I CHECKED BY CWS TJB WWW.CWS- INC.NET 300 150 Approximate Jurisdictional Boundary Map Olmstead Phase I I Huntersville, North Carolina CWS Project No. 2013 -3236 300 Feet FIGURE NO. . - IAIL F y 3 0 Z W Z 1 �L y 0 Mn �a o R B ; Q(c �' N Z O w co O CA i4 LU iz IN, LL CL LL J ; 0Y� e i CM `\ • Cq o ~ A LZ LL .o ".tv NOI'M+OUiS O p` 3 g ° 'E LZ Ioa LM a r4h� ca in N N 3 U- Ro CD J i < VI O Z fin ` V, _ _ n lift I Mb o�oaVa Aft o \ a � V a � I a. c 4, 0 cu 0 / co 0 _ / CL FA 0 0: I / I° x IL 0 °1 I I LL � M I C 1 cn 1= o M LL cn M /-7 CL cu CL 41 0 E 00 w Sz4lm J =.Z a. w W J (n W CL a- (n Z 0- d' O \ Ua m z (O_� V 0 W N D W u� Q LLJ a cn O N I O N co N `- y .0 O O` N o ON E L) I o orb a °' 'Zo v ^ E � Y Y V 26 N E O c N ; a00Ua 3 IZ � 00- Of C� CL 0 Q O C� a- 0 tY El- IZ 3�: O O - � a� IZ O O O O (i n N O 0') r- r- � r- O 0 O O O + O O O p 0 Op O � W WW d 0 a W I W 3 a F- P: C.D J x WZ a. 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We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge r4j-)L'�� - Applicant's 'b re �P . Date , jW'&Ld1 Agent's signature May 28. 2014 Date Completion of this form will allow the agent to sign all future application correspondence. oaaF WATF9PG � r Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 13 PCN Form — Version 1 3 December 10, 2008 Version Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1a Type(s) of approval sought from the Corps ®Section 404 Permit ❑Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program ❑ Yes ® No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a Name of project Olmsted Phase II - ` "" 2b County Mecklenburg IV 2c Nearest municipality / town Huntersville 2d Subdivision name Olmsted LU 4, 2e NCDOT only, T I P or state project no p� _ N/A 1:,,.D o QUALITY 3. Owner Information 3a Name(s) on Recorded Deed JW Homes, LLC 3b Deed Book and Page No 27835 -201 3c Responsible Party (for LLC if applicable) Mr Andrew McCoy 3d Street address 4125 Atlanta Road SE 3e City, state, zip Smyrna, GA 30080 3f Telephone no 704 - 522 -9200 3g Fax no 3h Email address Page 1 of 13 PCN Form — Version 1 3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a Applicant is ® Agent ❑ Other, specify 4b Name Mr Andrew McCoy 4c Business name (if applicable) John Wieland Homes 4d Street address 8325 -D Arrowridge Blvd 4e City, state, zip Charlotte, NC 28273 4f Telephone no (704) 522 -9200 4g Fax no 4h Email address 5. Agent/Consultant Information (if applicable) 5a Name Thomas Blackwell, PWS 5b Business name (if applicable) Carolina Wetland Services, Inc 5c Street address 550 E Westinghouse Blvd 5d City, state, zip Charlotte, NC 28273 5e Telephone no 704 - 527 -1177 5f Fax no 704- 527 -1133 5g Email address tom @cws -inc net Page 2 of 13 PCN Form — Version 1 3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) 02118101, 02114129, 02114499, and 02119105 1 b Site coordinates (in decimal degrees) Latitude N35 391817 Longitude - 807958770 (DD DDDDDD) ( -DD DDDDDD) 1 c Property size 292 acres 2. Surface Waters 2a Name of nearest body of water (stream, river, etc ) to proposed project Ferrelltown Creek 2b Water Quality Classification of nearest receiving water Class C 2c River basin Yadkin (HU# 03040105) Page 3 of 13 PCN Form — Version 1 3 December 10, 2008 Version 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The project area is approximately 292 acre in extent The current land use for the project area is wooded with adjacent residential developments and utility line right -of -ways Dominant vegetation within the project area consists of ironwood (Carpinus caroliniana), tulip poplar (Linodendron tulipifera), sweetgum (Liquidambar styraciflua), eastern red cedar (Juniperus virginiana), red elm (Ulmus rubra), red maple (Acer rubrum), Virginia creeper (Parthenocissus quinquefolia), Japanese honeysuckle (Lonicera japonica), false nettle (Boehmeria cylindrica), privet (Ligustrum sinense), bedstraw (Galium sp ) and various sedges (Carex spp ) 3b List the total estimated acreage of all existing wetlands on the property 5 7 acres of wetlands 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 15,442 linear feet of streams 3d Explain the purpose of the proposed project The purpose of this submittal is to construct the final phase of the Olmsted Subdivision, Phase II (Figure 8, attached) Phase II will develop approximately 292 acres of wooded area into a residential subdivision to provide single - family housing to meet the growth and demand of an area of Mecklenburg County that is experiencing significant population growth Impacts to on -site jurisdictional waters of the U S are necessary to construct road crossings and utility crossings to service Phase II of the Olmstead Subdivision 3e Describe the overall project in detail, including the type of equipment to be used Unavoidable impacts to on -site jurisdictional waters associated with Phase II of the Olmsted Subdivision total approximately 1,007 linear feet of stream and 0 313 acre of wetlands On behalf of our client, John Wieland Homes, CWS is requesting a waiver of the 300 linear foot limit for impacts to intermittent streams CWS is requesting this waiver due to the large size of the overall project (470 acres) and the extensive efforts made to avoid and minimize impacts to jurisdictional waters Impacts to Seasonal RPWs with Intermittent flow Unavoidable impacts to on -site intermittent stream channels total 707 linear feet and are the result of culverts and rip rap aprons associated with roadways (Crossings 1, 3, 4, and 10), and a sewer line crossing (Crossing 5) Permanent impacts total 692 linear feet and are associated with road crossings Temporary impacts total 15 linear feet and are associated with the sewer line crossing Impacts to Perennial RPWs Unavoidable permanent impacts to on -site important perennial stream channels total 300 linear feet and are the result of the installation of culverts and rip rap aprons associated with Crossings 6 and 7 Figures 18 and 19 (attached) illustrate a plan view and profile view, respectively, of Crossing 6 Figures 20 and 21 (attached) illustrate a plan view and profile view, respectively, of Crossing 7 Impacts to Jurisdictional Wetlands Permanent impacts to jurisdictional wetlands total 0 313 acre and are the result of the placement of fill for road crossings and building pads, and conversion from forested wetland to maintained herbaceous wetlands in utility easements Impacts to Wetland AA associated with road crossings total 0 07 acre and are shown on Figures 12 and 14 (attached) Impacts to Wetland DD are associated with a road crossing and total 0 05 acre and are shown on Figure 27 (attached) Impacts to Wetland GG are the result of the placement of fill necessary to construct three buildable lots These impacts total 0 16 acre and are shown on Figure 26 (attached) Figure 23 (attached) illustrates a plan view for a proposed aerial sewer crossing of Wetland AA in which wetland fill is needed for the sewer footers This aerial sewer crossing will result in the conversion of 0 032 acre of forested wetland to maintained herbaceous wetland, and approximately 0 0005 acre of fill associated with the footers for the aerial A track hoe and other typical construction equipment will be used to construct this project Page 4 of 13 PCN Form — Version 1 3 December 10, 2008 Version 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments The site has been verified twice in the past by the USACE as the project as progressed ` 4b If the Corps made the jurisdictional determination, what type ❑ Preliminary ® Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company Carolina Wetland Services Name (if known) Gregg Antemann, PWS Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation March 15, 2006 (Action Id No 2005 - 31604) April 2008 (SAW- 2008 - 01130 -360) 5. Project History 5a Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions Permits were issued for a Trunk Sewer Line (SAW 2006 - 40631 -360), Phase 1a of the subdivision (SAW 2006- 40631- 360), and Phase 1 c of the subdivision (SAW- 2008 - 01130 -360) A permit was also issued for Phase 2 of the subdivision (SAW 2008 - 03216) however this phase was never completed and the permit has now expired 6. Future Project Plans 6a Is this a phased project? ® Yes ❑ No 6b If yes, explain The project has been completed in phases This permit application is for the final phase of the project Page 5 of 13 PCN Form — Version 1 3 December 10, 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ® P ❑ T Fill (aerial sewer footers) PFO1A ® Yes ❑ No ® Corps ❑ DWQ 00005 W2 ®P ❑ T Clearing & Conversion PFO1A ® Yes ❑ No ® Corps ❑ DWQ 0 032 W3 ®P ❑ T Fill (Road Crossing) PFO1A ® Yes ❑ No ® Corps ❑ DWQ 0 07 W4 ®P [:1 T Fill (Road Crossing) PFO1A ® Yes ❑ No ® Corps ❑ DWQ 0 05 W5 ®P ❑ T Fill PFO1A ® Yes ❑ No ® Corps ❑ DWQ 0 16 W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0 313 2h Comments 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P [:1 T Culver & Rip Rap Perennial RPW ® PER ® Corps 4' 300 (2 Crossings) Stream P ❑ INT ❑ DWQ S2 ®P ❑ T Culver & Rip Rap Seasonal RPW Stream K ❑ PER ® INT ® Corps ❑ DWQ 3 168 S3 ®P ❑ T Culver & Rip Rap Seasonal RPW Stream M ❑ PER ® INT ® Corps ❑ DWQ 3 164 S4 ®P ❑ T Culver & Rip Rap Seasonal RPW Stream O ❑ PER ® INT ® Corps ❑ DWQ 3 132 S5 ®P ❑ T Culver & Rip Rap Seasonal RPW Stream T ❑ PER ® INT ® Corps ❑ DWQ 3 228 S6 ❑ P ®T Utility Crossing Seasonal RPW Stream S ❑ PER ® INT ® Corps ❑ DWQ 3 15 3h Total stream and tributary impacts 1,007 31 Comments Permanent Impacts to Perennial Streams total 300 If (0 005 acre) Page 6of13 PCN Form — Version 1 3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4E Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a. ❑ Neuse ❑Tar- Pamlico El Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact -required? El Yes B1 ❑P ❑T ❑ No ❑Yes B2 ❑ PEI T ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h Total buffer impacts 61 Comments Page 7 of 13 PCN Form - Version 1 3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Impacts to on -site jurisdictional waters of the U S have been reduced to the maximum extent practicable Road crossings and utility crossings of jurisdictional waters of the U S were avoided and /or combined wherever possible in order to reduce impacts Road crossing have been reduced to the minimum number necessary to meet local planning ordinances requiring appropriate emergency vehicle access within the subdivision An aerial sewer line is proposed in order to minimize disturbances to jurisdictional waters of the U S Additionally, a bottomless culvert will be implemented on one road crossing in order to reduce impacts to Perennial RWP Stream A (Figures 8 and 11, attached) Our client chose to utilize a bottomless culvert to cross Stream A, despite the considerable expense involved, due to the high quality of this stream Retaining walls are used at the headwalls and endwalls to minimize the length of culvert required for each crossing In addition, the required amount of rip rap was limited to the maximum extent practicable and within specification of local ordinances The temporary construction easement for the sanitary sewer will be limited to 15 feet in width through wetlands Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Impacts to on -site jurisdictional waters of the U S have been reduced to the maximum extent practicable Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U S or Waters of the State? 2b If yes. mitigation is required by (check all that apply) ® DWQ ® Corps ❑ Mitigation bank 2c If yes, which mitigation option will be used for this El Payment to in -lieu fee program projects ® Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Our client proposes to mitigate for unavoidable intermittent stream and wetland impacts through the preservation of 15,974 linear feet of stream channel and 4 77 acres of wetlands Please see attached plan for details Page 8 of 13 PCN Form — Version 1 3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 9 of 13 PCN Form — Version 1 3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No Comments 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? Less than 24 % 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why This project is low density and has been designed using LID techniques 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan ® Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? Mecklenburg County ® Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 of 13 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b If you answered `yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1c If you answered 'yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter ) Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑ No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑ Yes ❑ No 2c If you answered `yes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water,quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description The project will not result in additional future development This is a stand alone development Cumulative impacts from previous phases of this project have been considered 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Ties into County Sewer Page 11 of 13 PCN Form — Version 1 3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c If yes, indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A letter was forwarded to the North Carolina Natural Heritage Program ( NCNHP) on October 8, 2008 to determine the presence of any federally - listed, candidate endangered, threatened species or critical habitat located within the project area In a response letter, dated October 14, 2008 (attached), the NCNHP stated that they have " three records of rare species and one Significant Natural Heritage Area, within 2 kilometers of the project site " CWS conducted a protected species survey of the site which consisted of a literature and records search, and pedestrian observations from January 24 through 28, 2005 and concluded that no protected species were found within the project limits Potential habitats for the endangered species were re- surveyed during the flowering season on October 26, 2006 No protected species were found within areas of potential habitat Please refer to the previously authorized Nationwide Permit submittal (Action ID No 2006- 40631 -360) to review a copy of the Protected Species Report for the entire subdivision 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries http Hsharpfin nmfs noaa gov /website /EFH_Mapper /map aspx 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the State Historic Preservation Office (SHPO) on October 8, 2008 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 October 21, 2008 (attached), the SHPO stated they " have conducted a review of the proposed undertaking and are aware of no historic resources that would be affected by the project Therefore, we have no comment on the undertaking as proposed " 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplain? ❑ Yes ® No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? FEMA FIRM No 3710466000J Page 12 of 13 PCN Form — Version 1 3 December 10, 2008 Version Mr. Thomas Blackwell, PWS r Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided ) 05 -28 -2014 Date Page 13 of 13 PCN Form — Version 1 3 December 10, 2008 Version wa North Carolina Department of Cultural Resources State Historic Preservation Office Peter B Sandbeck, Administrator Michael F Easlev, Governor L.isbeth C Evans, Secretary Jeffrey J Crow, Deputy Secretary October 21, 2008 Jamie MacMartin Carolina Wetland Services 550 E Westinghouse Boulevard Charlotte, NC 28273 Office of Archives and History Division of Historical Resources David Brook, Director Re: Olmstead Subdivision Phase IIB, CWS # 2008 -2419, Huntersville, Mecklenburg County, ER 08 -2404 Dear Mr. MacMartsn: Thank you for your letter of October 8, 2008, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the undertaking 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. In all future communication concerning this project, please cite the above referenced tracking number Sincerely, Peter Sandbeck 4 Location 109 E.ast)oneti Street, Raleigh NC 27601 Mailing Address 4617 Mail Service Center, Ralcigh NC 27699 -4617 Telephone /Fax (919) 807 - 6570/807 -6599 rx � North Carolina Department of Environment and Natural Resources Michael F Easley, Governor October 14, 2008 Jamie MacMartin and Paul A. Bright Carolina Wetland Services 550 E Westinghouse Blvd Charlotte, NC 28273 Re- Request for Records Search Olmsted Subdivision Phase IIB Huntersville, North Carolina Carolina Wetland Services Project No. 2008 -2419 Dear Ms. MacMartin and Mr. Bright: William G. Ross Jr., Secretary The NC Natural Heritage Program has three records of rare species and one Significant Natural Heritage Area within 2 kilometers of the project site shown on the map included with your letter dated 8 October 2008. Schweinitz's Sunflower (Helianthus schweinitzii), US Endangered, NC Endangered. This population is located at the Trails End Post Oak Upland Significant Natural Heritage Area, a privately owned site along Trails End Lane (SR 2445), and is scattered in patches from 0.2 to 0.6 mile north of the Trails End Lane function with Asbury Chapel Road (SR 2442). Georgia Aster (Symphyotrichum georgianum) — US Candidate, NC Threatened. This population is believed to be extirpated, but occurred in the same location with the Schweinitz's Sunflower population described above. Carolina Darter — Central Piedmont Population (Etheostoma collis pop 1) — US Federal Species of Concern, NC Special Concern. This population was found in the vicinity of the junction of Cane Creek and South Prong Clarke Creek and the lower part of Ramah Creek. Schweinitz's Sunflower and Georgia Aster are plant species which have been known to take advantage of conditions that create openings in the canopy, including manmade disturbances such as roadsides and utility corridors. These species often persist in degraded habitat with an open canopy and periodic disturbance such as mowing. If your project area includes such habitat, surveys for these species are recommended. You may wish to consult with the US Fish and Wildlife Service, the NC Plant Conservation Program, and/or the NC Wildlife Resources Commission if direct or indirect impacts are expected to affect rare species habitat, including Cane Creek, South Prong Clarke Creek, Ramah Creek, or their tributaries. NORTH CAROLINA at r 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 Heritacygm Phone- 919 - 715 -87001 Email: misty.buchanan @ncmail.net 1 www.ncnhp.org Proeram An Equal opportunity I Affirmative Action Employer- 50 % Recycled 110 % Post Consumer Paper SCIENCE GUIDING CONSERVATION The use of Natural Heritage Program data should not be substituted for actual field surveys, particularly if the project area contains suitable habitat for rare species, significant natural communities, or priority natural areas. You may wish to check the Natural Heritage Program database website at www ncnhp.org for a listing of rare plants and animals and significant natural communities in the county and on the quad map. Our Program also has a website that allows users to obtain information on element occurrences and significant natural heritage areas within two miles of a given location. http. / /nhpweb.enr.state nc us /nhis /public /gmap75 main phtml The user name is "public" and the password is "heritage" You may want to click "Help" to download the user's manual before you use the application. This website gives you instant answers to information requests about specific locations, without waiting for NHP staff to respond. NC OneMap provides digital Natural Heritage data online for free. This service provides site specific information on GIS layers with Natural Heritage Program rare species occurrences and Significant Natural Heritage Areas The NC OneMap website provides Element Occurrence (EO) ID numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage Program for detailed in-formation This service allows the user to quickly and efficiently get site specific NHP data without visiting the NHP workroom or waiting for the Information Request to be answered by NHP staff. For more information about data formats and access, visit www.nconemap.com, then click on "FTP Data Download ", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences "]. You may also e -mail NC OneMap at dataq ,ncmail net for more information. We appreciate your interest in Natural Heritage Program data If you have any questions or need additional information, please contact me at (919) 715 -8700 Sincerely, pf F Misty Buchanan Botanist 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 Phone- 919 - 715 -87001 Email: misty.buchanan @ncmail.net 1 www.ncnhp.org NORTH CAROLINA aural .' Heritage_ Program SCIENCE GUIDING CONSERVATION U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id 200531604 County Mecklenburg U S G.S Quad Cornelius NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner /Agent John Wieland Homes / Attn: Andrew McCoy Address. 8325 -D Arrowridge Blvd. Charlotte, NC 28273 Telephone No 704 -522 -9200 Property description Size (acres) 450 acres Nearest Waterway Yadkin USGS HUC Nearest Town Charlotte River Basin Ferrelltown Creek Coordinates 35.3937548 / 80.7940132 Location description The site is located on the east side of Asbury Chapel Road and north of Eastfield Road, in Charlotte, Mecklenburg County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands, stream channels, and open waters on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps This prelmunary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331) E. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification X There are wetlands, stream channels, and open waters on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years fiom the date of this notification - We strongly suggest you have the wetlands, stream channels, and open waters on your property delineated Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation m a timely manner For a more timely delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps X The wetlands, stream channels, and open waters on your property have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change m the law or our published regulations, may be relied upon for a period not to exceed five years The wetlands, stream channels, and open waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on — Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification There are no waters of the U S , to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification Action Id 200531604 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828 - 271 -7980 x. 231. C. Basis For Determination The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks The stream channel on the property includes Ferrelltown Creek and its unnamed tributaries Ferrelltown Creek flows into the Yadkin River which ultimately flows to the Atlantic Ocean through the Winyah Bay in South Carolina. The open water on the site is known as Ferrelltown Lake and is located on Ferrelltown Creek. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must subrrut a completed RFA form to the South Atlantic Division, Division Office at the Following address Mr Michael F Bell, Administrative Appeal Review Officer CESAD- ET -CO -R U S Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303 -8801 In order for an RFA to be accepted by the Corps, the Corps must deterrmne that it is complete, that it meets the criteria for appeal under 33 CFR part 3315, and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by May 15, 2006 * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in tlus correspondence ** Corps Regulatory Official Date March 15, 2006 Expiration Date March 15, 2011 CF Carolina Wetland Services, Attn Gregg Antemann, 550 E Westinghouse Blvd, Charlotte, NC 28273 2 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id 200630730 County Mecklenburg US G S Quad Cornelius NOTIFICATION OF XURISDICfIONAL DETERMINATION Property Owner /Agent John Wieland Homes / Attn: Andrew McCoy Address. 8325 -D Arrowridile Blvd. Charlotte, NC 28273 Telephone No 704- 522 -9200 Property description Size (acres) 50 acres Nearest Town Charlotte Nearest Waterway Yadkin River Basin Ferrelltown Creek USGS HUC Coordinates 35.3937548 / 80.7940132 Location description The site for the proposed sewer alignment extends northeast of Ferrelltown Lake along Ferrelltown Creek to its confluence with Clark Creek, in Charlotte, Mecklenburg County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands, stream channels, and open waters on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction To be considered final, a jurisdictional determination must be verified by the Corps This preliminary detein -ination is not an appealable action under the Regulatory Program Adniimstrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification X There are wetlands, stream channels, and open waters on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification We strongly suggest you have the wetlands, stream channels, and open waters on your property delineated Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner For a more timely delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps X The wetlands, stream channels, and open waters on your property have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years The wetlands, stream channels, and open waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on — Unless there is a change in the law of our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification There are no waters of the U S , to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification Action Id 200531604 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828 -271 -7980 x. 231 C. Basis For Determination The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels located on the property that exhibit indicators of ordinary lugh water marks The stream channel on the property includes Ferrelltown Creek and its unnamed tributaries. Ferrelltown Creek flows into the Yadkin River which ultimately flows to the Atlantic Ocean through the Winyah Bay in South Carolina. D. Remarks: This determination is an addendum to a previously issued determination under AID 200631604 dated March 15, 2006. E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an, approved jurisdictional determination for the above described site If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following address Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD- ET -CO -R U S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303 -8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331 5, and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by May 27, 2 0 0 6 * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official ` Date March 27, 2006 Expiration Date March 27, 2011 CF- Carolina Wetland Services, Attn Gregg Antemann, 550 E Westinghouse Blvd, Charlotte, NC 28273 2 UA fi RPG 1,3- OINE E RS WMN"NCTON DISTRICT Action ID 2006- =A0631 360 County: Mecklenburg USGS Quad' Cornelius GyN�MAL ?ER U? ONAL AND NATIONWED%) �✓7E ICATION Property Owner / Authorized Agent: John Weiland Homes / Attn: Andrew McCoy Address: 8325 -D ArrowridiZe Blvd. Charlotte, NC 28273 Telephone No.: 704-522-9200 Size and location of property (water body, road name /number, town, etc.): The proposed sewer line begins on the south side of South Prong Creels and extends south toward Ez< tfield Road. adjacent to Ferrelltown Creels in Cornelius Mecklenburg County, North Carolina. Description of projects area and activity- This permit authorizes excavation and placement of riprao associated with sewer line instahhatioan Impacts to stream channels authorized by this permit are 480 linear feet (which inciudes 275 linear feet of temporary mipacts and 205 linear feet of permanent impacts) under #12 This permit also authorizes placement of fill and chaanmel relocation associated with lot fill and road construction for a residential deveiopnmernt. Impacts to stream channels authorized under TNWB #39 are 455 linear feet of unimportant/intermittent stream channel. Applicable Law- ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization. Regional General Permit Number Nationwide Permit Number- 12 & 39 Your work is authorized by the above referenced peianit provided it is accomplished in strict accordance with the attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration cider and/or appropriate legal action Tlus verification is valid until the NWP is modified, reissued, or revolted All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007 It is incumbent upon you to remain informed of changes to the NVTPs. We will issue a public, notice when the N-WPs are reissued. Furrhermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified of revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration dare identified below, the nationwide permit authorization is reissued and/ormodified, this verification will remain and until the expiranon date identified below, provided it complies wifh all new and/or modified terms and conditions The District Engineer may, at any time, exercise lus discretionary authority to modify, suspend, or revoke a case specific acrivity's authorization under and NWP Activities subject to Section 404 (as indicated above) may also require an individual Secnon 401 Water Quality Certification. You should contraci the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section dOl requirements For acnvities occurring within the twenty coastal coiuities subject to regulation under the Coastal Area Management Act (CAMA), prior to begimu-ng nark you must contact the -i\1.0 Division of Coastal Management. This Deparment of the Army verification does not relieve the permirtee of the responsibility to obtain any other required Federal, State or local approvals /permits. If there are any questions regaraing this verification, any of the conditions of the Permit, or The Corps of Engineers regulatory program, please contacr Amanda Jones at 828 -271- 7980 x231 Expiration Date ofVenfication: ?'larch lg, 2007 *Date reflects 45 days from the date a complete application was received. Cr CWS, Atm Ron Johnson, 550 E. Westinghouse Blvd, Charlotte. NC 28273 Mr. Andrew McCoy John Wieland Homes 8325 -D Arrowridge Blvd. Charlotte, NC 28273 Subject: Olmstead S/D and Sewer Trunk Line Michael F Easley, Governor William G. Ross Jr, Secrerary North Carolina Department of Environment and Natural Resources APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. McCoy- Alan W K imek, P E Director Division of Water Quality December 15, 2006 DWQ# 06-1341 - Mecklenburg County You have our approval, in accordance with the attached conditions and those listed below, to impact 725 linear feet (if) (135 if perennial /important intermittent) of unnamed intermittent and perennial tributaries to Ferrelitown Creek in order to construct the Olmstead Development in Mecklenburg County, as described below and in your application received by the Division of Water Quality (DWQ) on August 29, 2006. Impact Type Length of impact Permanent rip rap /fills 450 If Relocate 210 if Temporary 275 If After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402 and 3374, which can be viewed on our web site at hftp Rh2o enr.state nc.us /ncwetlands. The Certification allows you to use Nationwide Permit Numbers 12 and 39 once they are issued to you by the U.S Army Corps of Engineers Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. The above noted Certifications will expire when the associated 404 permits expire unless otherwise specified in the Certification. This approval is only valid for the purpose and design that you described in your application. if you change your project, you must notify us in writing, and you may be required to send us a new application for a new Certification. if the property is sold, the new owner must be given a copy of the certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the proposed stream crossings. This may be accomplished through the construction of flood plain benches or similar measures. These measures must be approved, in writing, by this office prior to construction. 3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional we4ands and waters or areas within 50 feet of all streams and ponds on the property These mechanisms shal� North Carolina Division of Water Quality 610 East Center Ave, Suite 301 Mooresville, NC 28115 Phone (704) 663 -1699 Customer Sery ce Intemet ncwaterquakyorg FAX (704) 663 -60,10 1 -877- 623 -6748 An r-ml (nnnrhi- WAFPi —.&s. Anhnn F-1—r_ rnol. P— irlarlMM Pnct f nncitmar 0anar place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at httn, / /h2o.enr state.nc us /ncwetlands 4 All wetlands, streams, surface waters, and nparian buffers located on the project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities. 5. We understand that this is phase I of the project Mitigation may be required for further impacts at the site This may be conducted through contributing to the Ecosystem Enhancement Program (EEP). The In -Lieu- 4f -Pee Coordinator should be contacted at (919) 715 -0476 if you have any questions concerning the EEP. 6. The planting of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. if riprap is necessary, it shall not be placed in the streambed, unless approved by the DWQ. 7. Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 8. A final written storm water management plan shall be approved, in writing, by this office or local governing authority prior to the construction of any permanent facilities at the site. The storm water facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the DWQ. Also, before any permanent building is occupied at the site, the facilities (as approved by this office) shall be constructed and operational, and the storm water management plan (as approved by this office) shall be implemented The structural storm water practices as approved by this office as well as drainage patterns must be maintained in perpetuity. No changes to the structural storm water facilities shall be made without written authorization from the DWQ 9 No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All - construction activities associated with this project shall meet, and /or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur 10. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 11 Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs of the upstream and downstream sides of each culvert site to document correct installation, along with the Certificate of Completion form. 12. Continuing Compliance. The applicant (John Weiland Homes) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the Certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H 0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 1505 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This Certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704 -663- 1699 or Ms Cyndi Karoly in the Central Office in Raleigh 919- 733 -9721. Sincerely, f rAlan W. Klimek, P.E. Attachments cc. Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Becky Fox, EPA Central Files File Copy Greg Antemann U.S. ARMY CORPS OF ENGINEERS WILM. NGTON DISTRICT Action ID SAW -2008 -01130 -360 County Mecklenburg USGS Quad Cornelius GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property 0vmer / Authorized Agent John Weiland Homes, Att'n: Andrew McCoy Address 8325 -D Arrowridge Blvd. Charlotte, NC 28273 Telephone No Size and location of property (water body, road name /number, town, etc.) Olrnsted SM. Phase IC located on a 52 acre tract approx. 1/ mile from the Rocky Ford Club Road / Eastfield Road intersection: near Huntersville Description of projects area and activity This permit authorizes construction of the third of seven phases of the Olmsted S/D. Impacts for this please are for 225 LF of an intermittent. UT- Ferrelltown Creek (with unimportant aquatic function). An approximate 35 foot buffer will be placed on both sides of the remaining streams of this phase. Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization Regional General Permit Number- Nationwide Permit Number 29 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans Any Violation of the attached conditions or deN iation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action This verification will remain valid until the expiration date identified below unless the anonwide 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 pernut 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 perrmt, 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 Quality (telephone (919) 733 -1786) 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 This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Fcderal, State or local approvals /pemuts If there are any questions regarding this verification, any of the conditions of the Perm-it, or the Corps of Engineers regulatory program, please contact Steve Chapin at 828- 271 -7980 Corps Regulatory Official Steve Chapin Date April 24, 2008 Expiration Date of Venfication April 24, 2010 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 attached customer Satisfaction Survey or visit http ;'www saw usace army rill /WETLANDS /index htinl to complete the survey online Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the abm e described project area This preliminary dererriunanon is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) B. ❑ 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 and Section 404 of the Clean Water Act 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 of the US and /or wetlands within the above described project area 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 deternunation may be relied upon for a period not to exceed five years from the date of this notification D. Q The junsdictional areas within the abm e described project area have been identified under a previous action Please reference jurisdictional determination issued on March 15, 2006 . Action ID 200531604 Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Weiland Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high watermarks The stream channel on the property is an unnamed tributary to Ferielltown Creek which flows into the Yadkin River and ultimately flows to the Atlantic Ocean through the Ferrelltown Creek>Clarks Creek> Mallard Creek >Rocky River> Yadkin River which is a Section 10 navigable -in -fact waterway at Blewert Falls dam Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A above) Attached to this verification is an approved junsdichonal determination If you are not m agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 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 District Engineer, Wilmington Regulatory Program Attn Steve Chapin, Project Manager 151 Patron Avenue, Room 208 Asheville, North Carolina 28801 In order for an RFA to be accepted by the Corps, the Corps mast determine that it is complete, that it meets the criteria for appeal under 33 CFR part 3315, 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 within 60 days from the Issue Date below *''`It is not necessary to subrrut an RFA form to the Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official _Steve Cliapin Issue Date, April 24. 2008 Expiration Date Five years from Issue Date SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC, MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE Copy Furnished: CWS. 550 E, l "iestinghrouse Blvd., Charlotte, NC 28273 �9QG C f o � Mr Andrew McCoy John Wieland Homes 8325 -D Arrowridge Blvd Charlotte, NC 28273 Subject: Olmsted Subdivision, Phase 1C Ntichael r La;ley, GoN ernor U- illiamG Ross Ir,Secretary North Carolina Department of Environment and Natural Resources APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr McCoy Coleen FI Sullins, Director Division of Water QuaLty May 6 2008 DWQ# 06- 1341V3 Mecklenburg County You have our approval, in accordance the general certification and those conditions listed below, to impact 225 linear feet (1f) of a tributary (intermittent) of Ferrelltown Creek in order to construct the subject subdivision in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on March 27, 2008 After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3705, which can be viewed on our web site at http- / /h2o enr state.nc us /ncwetlands The General Certification allows you to use Nationwide Permit Number 29 once it is issued to you by the U S Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations The above noted Certification will expirewhen the associated 404 permit expires unless otherwise specified in the General Certification This approval is only valid for the purpose and design that you described in your application If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter, and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions 1 The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2 Culverts placed in streams /wetlands shall be installed "in the dry" immediately upon completion of the installation, water flow shall be returned to its natural course Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed benches) above and below locations of each culvert NO rthCarol ina �l'aturally North Carolina Division of Water Quality 610 East Center Ave , Suite 301 Mooresville NC 39113 Phone (704) 663 -1699 Custoner Service intemet ncwaterqula ty org FAX (70d) 663 -6040 1 -977 -623 -6769 An Eouai oppo unitylAffirmative Action Employer— 50 %Recycledil0% Post Consumer Faper If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly 3 Deed notificatie)ns or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate A sample deed notification can be downloaded from the 401NVetiands Unit web site at http ffh2o enr state nc us /ncwetlands The text of the sample deed notification may be modified as appropriate to suit to this project 4 Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of nprap or other bank hardening methods If nprap is necessary, it shall not be placed in the streambed, unless approved by the DWQ 5 Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks 6 A storm water management plan is required per Huntersville, NC jurisdiction 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application All construction activities associated with this project shall meet, and /or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur 8 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project 9 Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. 10 Continuing Compliance The applicant (John Wieland Homes) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H 0507(d) Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H 0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project L If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing You must act within 60 days of the date that you receive this letter To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N C. 27699 -6714 This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions, please telephone Mr Alan Johnson in the Mooresville Regional Office at 704 - 663 -1699 or Ms Cyndi Karoly in the Central Office in Raleigh 919- 733 -9721 Attachments Certificate of Completion cc Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Central Files File Copy Gregg Antemann, CWS Sincerely, 4 4 1� drColeen H. Sullins J.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID SAW - 2008 -03216 County. Mecklenburg USGS Quad: Cornelius GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent John Weiland Homes, Att'n• Mr. Andrew McCoy Address: 8325 -D Arrowrid1le_Blvd. Charlotte, NC 28273 Telephone No.- Size and location of property (water body, road name /number, town, etc.). Olmstead Subdivision, Phase I1 located on a 312 acre tract off of Sweetfield Road, near Huntersville Description of projects area and activity: This permit authorizes impacts to 0.15 acre of wetlands and 597 LF of intermittent, UT's- Ferrelltown Creek (460 LF determined to have "unimportant" aquatic tic function) for the purpose of accomodating the construction of a residential development. SPECIAL CONDITIONS• The remaining 5.07 acres of wetlands on the property will be preserved. In addition all remainine 'urisdictional stream channels will be preserved. Native vegetative buffers of no less that 25 feet on each side of the streams will be established where possible. All preserved wetlands and streams will be protected in perpetuity with a deed restriction. A copy of the deed restriction must be submitted to the Corps no later than 6 months from the date of this permit. Applicable Law, ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbois Act, 33 USC 403) Authorization Regional General Permit Number Nationwide Permit Number. 29 Yout work is authorized by the above referenced permit piovided it is accomplished in strict accordance with the attached conditions and your submitted plans Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action This veirfication 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/ot 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 perrmt authorization expues or is suspended, revoked, of is modified, such that the activity would no longer comply with the teims and conditions of the nationwide permit, activities which have commenced (i e , are under construction) of are iuider 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 of 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 requite an individual Section 401 Water Quality Certification You should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements For activities occuirmg within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to begmnmg work you must contact the N.0 Division of Coastal Management This Department of the Army verification does not relieve the permittee of the iesponsibility to obtain any other required Fedeial, State or local appiovais/pennits If there are any questions regarding this verification, any of the conditions of the Permit, of the Corps of Engineers regulatory program, please contact Steve Chapin at 828 - 271 -7980 Corps Regulatory Official Steve Chapin Date- January 21, 2009 Expiration Date of Verification January 21, 2011 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 attached customer Satisfaction Survey or visit http- / /www saw usace atmy,mil /WETLANDS /index,html to complete the survey online Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area This pielinnnaiy determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331) B. ❑ 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 and Section 404 of the Clean Water Act 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 fiom the date of this notification C. ❑ There are waters of the US and/or wetlands within the above described project area 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 lehed 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 5/27/06 Action ID 200630730 Basis of Jurisdictional Determination: The site contams wetlands as determined by the USACE 1987 Wetland Deluieation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks The stream channels on the property are unnamed tributaues to Ferielltown Creek which flow into the Yadkin River and ultimately flows to the Atlantic Ocean through the Ferrelltown Creek >South Prong, Rocky River> Rocky River >Yadkm River system which is a Section 10 navigable -in -fact waterway at Blewett Falls darn Appeals Information: (Thus information does not apply to preliminary deteiminations as indicated by par agraph A above) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an admimstratmve appeal under 33 CFR 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 District Engineer, Wilmington Regulatory Piogram Attn Steve Chapin Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 In oider 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 3315, and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to subnut an RFA form, it must be received at the above address within 60 days from the Issue Date below. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official Steve Channr Issue Date. January 21, 2009 Expiration Date Five years from Issue Date Copy Furnished CWS Mr Andrew McCoy John Wieland Homes 8325 -D Arrowridge Blvd Charlotte, NC 28273 Subject: Olmsted Subdivision, Phase II Michael F Easley, Governor William G Ross Jr , Secretary North Carolina Department of Environment and Natural Resources APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr McCoy Coleen H Sullins, Director Division of Water Quality December 18, 2008 DWQ# 06-1341V4 Mecklenburg County You have our approval, in accordance with the general certification and those conditions listed below, to impact 0 15 acre of wetland and 597 linear feet (If) of a tributary (intermittent) of Ferrelitown Creek in order to construct the subject subdivision in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on December 4, 2008 After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3705, which can be viewed on our web site at http / /h2o enr state nc us /ncwetlands The General Certification allows you to use Nationwide Permit Number 29 once it is issued to you by the U S Army Corps of Engineers Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification This approval is only valid for the purpose and design that you described in your application If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification if the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions In addition to the requirements of the certification, you must also comply with the following conditions: The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced 2 Culverts placed in streams /wetlands shall be installed "in the dry". Immediately upon completion of the installation, water flow shall be returned to Its natural course. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed benches) above and below locations of each culvert One NorthCarohna v'�aturall� North Carolina Division of Water Quality 610 East Center Ave, Suite 301 Mooresville, NC 28115 Phone (704) 663 -1699 Customer Service Intemet ncwaterquiaity org FA-K (704) 663 -6040 1- 877 -623 -6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly 3 Deed notifications or similar mechanisms shall be placed on all retained Jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http Hh2o enr state nc us /ncwetlands The text of the sample deed notification may be modified as appropriate to suit to this project 4 Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods If riprap is necessary, it shall not be placed in the streambed, unless approved by the DWQ. 5 Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks 6 A storm water management plan is required per Huntersville, NC Jurisdiction A copy of the plan and approval letter shall be submitted to DWQ 7 No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application All construction activities associated with this project shall meet, and /or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur 8 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 9 Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality, 10. Continuing Compliance The applicant (John Wieland Homes) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H 0507(d) Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H 0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing You must act within 60 days of the date that you receive this letter To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N C 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr Alan Johnson in the Mooresville Regional Office at 704 - 663 -1699 or Ms Cyndi Karoly in the Central Office in Raleigh 919- 733 -9721 Sincerely, for Coleen H Sullins Attachment cc Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Gregg Antemann, CWS