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
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14
AGENT CERTIFICATION OF AUTHORIZATION
I, Andrew McCoy, representing John Weiland Homes, hereby certify that I have
authorized Thomas Blackwell of Carolina Wetland Seivices, Inc. to act on my behalf and
take all actions necessary to the processing, issuance, and acceptance of this Nationwide
Permit and any and all standard and special conditions attached.
We hereby certify that the above information submitted in this application is true and
accurate to the best of our knowledge
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
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North Carolina Division of Water Quality 610 East Center Ave, Suite 301 Mooresville, NC 28115 Phone (704) 663 -1699 Customer Service
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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