20061341 Ver 6_Public Notice_20141003

Burdette, Jennifer a
From: Wallace, Nancy SAW <Nancy.Wallace @usace.army.mil>
Sent: Friday, October 03, 2014 12:11 PM
Subject: US Army Corps of Engineers Wilmington District Public Notice (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has
issued a Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory
Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdo format for viewing,
printing or download at http: / /www.saw.usace.army.mil /Missions /Re ug latoryPermitPro rg am.aspx.
The current notice involves:
Corps Action ID#: SAW - 2008 -03216
Issue Date: October 3, 2014
Applicant: John Wieland Homes
Expiration Date: November 3, 2014
Point of Contact: Mr. Steve Kichefski
Project Description: The Wilmington District, Corps of Engineers (Corps) received an application from John
Wieland Homes seeking Department of the Army authorization to impact 1,007 linear feet of stream and 0.313
acre of wetland, associated with the development of Phase II of a single - residential
subdivision call Olmsted in Mecklenburg County, North Carolina.
Subscribe/Unsubscribe: This email was sent out as a result of subscribing to the Wilmington District regulatory
program public notices. Please email Cindy. M. Corbettgusace. army.. mil with the subject or message
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Classification: UNCLASSIFIED
Caveats: NONE

The Wilmington District, Corps of Engineers (Corps) received an application from John Wieland
Homes seeking Department of the Army authorization to impact 1,007 linear feet of stream and
0.313 acre of wetland, associated with the development of Phase 11 of a single- residential
subdivision called Olmsted in Mecklenburg County, North Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at htip: / /www.saw.usace.army.mil /Missions /Re alatoEyPennitPro a. rg m.aspx
Applicant: Mr. Andrew McCoy
John Wieland Homes
8325 -D Arrowridge Blvd
Charlotte, North Carolina 28273
AGENT (if applicable): Mr. Gregg Antemann
Carolina Wetland Services, Inc.
550 E Westinghouse Blvd
Charlotte, North Carolina 28273
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of the following Statutory Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
Directions to Site: The site is located north of the terminus of Balcony Bridge Road, in
Huntersville, Mecklenburg County, North Carolina. This site is located in the Rocky River
Watershed of the Upper Pee Dee River Basin (8 -Digit Cataloging Unit 03040105). From
Interstate 485, drive north on NC Hwyl 15 (Old Statesville Road) for approximately 0.5 miles.

Turn right on Eastfield Road and drive for approximately 2.6 miles. Take a left onto Long
Common Parkway and drive for 0.6 mile. Take a right onto Balcony Bridge Road and the project
area is located immediately north of its terminus (See Figure 1, 2 & 4)
Project Area (acres): 292 Nearest Town: Huntersville
Nearest Waterway: Ferrelltown Creek River Basin: Upper Pee Dee
Latitude and Longitude: 35.391817N, 80.795877W
Existing Site Conditions
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 (Liriodendron 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 cylindrical), Chinese privet (Ligustrum sinense), bedstraw (Galium sp.) and various
sedges (Carex spp.).
According to the Mecklenburg County Soil Survey (see Figure 4), 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 well drained soils. Monocan loam, 0 -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 inclusions. Monocan loam, 0 -2
percent slopes, frequently flooded (MO) is also listed as partially hydric on the National Hydric
Soils List.
The project area contains several jurisdictional waters of the U.S. to include stream channels and
wetlands. These on -site jurisdictional features were delineated by CWS on January 24 -28, 2005
and verified by Ms. Amanda Jones of the USACE on March 15, 2006 (SAW- 2005- 31604). The
site was reinvestigated by CSW in 2008 and re- verified by the USACE in association with a
Nationwide Permit 29 issued in April of 2008 (SAW- 2008 -01 130). On November 19, 2013,
CWS reinvestigated the site and felt there were no changes to the limits of jurisdiction of on -site
waters. On July 29, 2014, Mr. Steve Kichefski of USACE field reviewed on -site jurisdictional
features in the locations of proposed impacts. The applicant's summary of Phase ll jurisdictional
Waters of the US are listed in Table 1 below.
Table 1. Summary of On -Site Jurisdictional Waters of the U.S.
Jurisdictional Feature
Classification
Approximate`
Len h I
Stream A
Perennial RPW (SCP1)
3,377
Stream F
Seasonal RPW
815
Stream G
Seasonal RPW
469
Stream H
Seasonal RPW
267
Stream J
Seasonal RPW
77
-2-

Jurisdictional Feature
Classification
Approicimate
Length (If)
Stream K
Seasonal RPW (SCP2)
1,167
Stream L
Seasonal RPW
431
Stream M
Seasonal RPW (SCP3)
745
Stream N
Seasonal RPW
302
Stream O
Seasonal RPW (SCP4)
600
Stream P
Perennial RPW (SCP5)
2,370
Seasonal RPW
585
Stream Q
Seasonal RPW
440
Stream R
Seasonal RPW
170
Stream S
Seasonal RPW (SCP6)
670
Stream T
Seasonal RPW (SCP7)
1,176
Perennial RPW
360
Stream U
Seasonal RPW
471
Stream V
Seasonal RPW
880
Stream W
Seasonal RPW
230
Stream X
Seasonal RPW
55
Stream Y
Seasonal RPW
254
Seasonal RPW
9,804 If
Perennial RPW
6,107 If
Stream Total
15,911 If
Wetland AA
Directly abutting RPW (DP3)
4.38
Wetland BB
Directly abutting RPW
0.033
Wetland CC
Directly abutting RPW
0.184
Wetland DD
Directly abutting RPW (DPI)
0.331
Wetland FF
Directly abutting RPW
0.099
Wetland GG
Directly abutting RPW (DP2, DP4)
0.382
Wetland LL
Directly abutting RPW
0.207
Wetland MM
Directly abutting RPW
0.082
Pond A
Impoundment of Stream A
10.53
Wetland Total
5.7 ac
Pond Total
10.53 ac
Applicant's Stated Purpose
The purpose of this sumbittal is to construct the final phase of the Olmsted Subdivision, Phase II.
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.
Project Description
According to the applicant, the currently proposed site plan (see Figure 5) was developed as a
result of the applicant's alternative analysis and avoidance and minimization process. They felt
that the impacts and crossing locations were constrained by the existing road layout from Phase I
as well as the natural site topography and existing natural resources. The Olmsted Phase II
-3-

proposed impacts to jurisdictional waters include 1,007 linear feet of stream and 0.313 acre of
wetland. Impacts to on -site seasonal stream channels total 707 linear feet and most are the result
of culverts and rip rap aprons associated with roadway crossings 1, 3, 4, and 10. Impacts to on-
site 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. Permanent impacts to jurisdictional
wetlands total 0.313 acre and are the result of the placement of fill for road crossings, building
pads and the conversion of forested wetlands to maintained herbaceous wetlands in utility
easements. Proposed impacts are summarized in Table 2 below.
Table 2. Phase II Proposed Impacts to Jurisdictional Waters
Jurisdictional'
NC➢WR
USAGE
Type of
Temporary'/
Impacts
Impact
Figure
Feature
Score
Score
Impact
Oermanent'
(b)
(acres)
Number
Seasonal RPW
27.5
63
Culvert &
Permanent
168
0.012
13 & 14
Stream K
Rip Rap
Seasonal RPW
28.5
59
Culvert &
Permanent
164
0.009
16 & 17
Stream M
Rip Rap
Seasonal RPW
18.5
55
Culvert &
Permanent
132
0.009
18 & 19
Stream O
Rip Rap
Seasonal RPW
28
50
utility
Temporary
15
0.001
20 & 21
Stream S
Crossing
Seasonal RPW
20.5
46
Culvert &
Permanent
228
0.015
30 & 29
Stream T
Rip Rap
Culvert &
Permanent
162
0.011
22 & 23
Perennial RPW
Rip Rap
Stream P
32.5
59
Culvert &
Permanent
138
0.015
24 & 28
Rip Rap
Fill (footers
n/a
n/a
for aerial
Permanent
--
0.0005
27
sewer)
Conversion
Wetland AA
from
n/a
n/a
Forested to
Permanent
--
0.032
27
Herbaceous
(Sewer)
n/a
n/a
Fill (Road
Permanent
--
0.070
16 & 17
Crossing)
Wetland DD
n/a
n/a
Fill (Road
Permanent
--
0.050
31
Crossing)
Wetland GG
n/a
n/a
Fill
Permanent
--
0.160
30
Total Permanent Wetland Impacts
--
0:31 ,
acre.
Total Permanent Seasonal RPW Stream Impacts
692 If
0 045 ,
acre.
Total Permanent Perennial RPW Stream Impacts
300'lf
0.026
acre

Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and /or minimize
impacts to the aquatic environment: Impacts to on -site jurisdictional waters of the U.S. have been
reduced to the maximum extent practicable. Road and utility crossings of jurisdictional waters of
the U.S. were avoided and /or combined wherever possible in order to reduce impacts. Road
crossings have been reduced to the minimum number necessary to meet local planning
ordinances requiring appropriate emergency disturbances to jurisdictional waters of the United
States. Additionally, a bottomless culvert will be implemented on one road crossing in order to
reduce impacts to Perennial RWP Stream A. According to the applicant, a bottomless culvert
was utilized despite the considerable expense involved, due to the high quality of this stream.
Retaining walls are used at 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 applied to minimize disturbances to downstream waters.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant is proposing to offset impacts
associated with this project by making payment into the North Carolina Ecosystem Enhancement
( NCEEP) In Lieu Fee Program according to the ratios listed in the following table. NCEEP has
agreed to accept this mitigation by letter dated August 26, 2014 in the Yadkin Basin (HUC
03040105).
Table 3. Total Proposed Mitigation
Rapanos Classification
Status 4f Impacts
Impacts (acre}
Impacts
Mitigation
iif?
Required
Seasonal RPW
Completed
--
470
None
(grandfathered)
Seasonal RPW with Low
Proposed
--
228
None
Aquatic Function (Stream T)
Yes (1:1)
Seasonal RPW
Proposed
--
464
464 credits
Yes (2:1)
Perennial RPW
Proposed
--
300
600 credits
Yes (2:1)
Directly Abutting Wetlands
Proposed
0.313
--
0.626 credits
-5-

Essential Fish Habitat
Pursuant to the Magnuson- Stevens Fishery Conservation and Management Act, this Public
Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps' initial
determination is that the proposed project would not effect EFH or associated fisheries managed
by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33
CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the
District Engineer consulted district files and records and the latest published version of the
National Register of Historic Places and initially determines that:
® No historic properties, nor properties eligible for inclusion in the National Register, are
present within the Corps' permit area; therefore, there will be no historic properties
affected. The Corps subsequently requests concurrence from the SHPO (or THPO).
The District Engineer's final eligibility and effect determination will be based upon coordination
with the SHPO and /or THPO, as appropriate and required, and with full consideration given to
the proposed undertaking's potential direct and indirect effects on historic properties within the
Corps- indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined
all information provided by the applicant and consulted the latest North Carolina Natural
Heritage Database. Based on available information:
® The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Resources ( NCDWR): The Corps will generally not make a
final permit decision until the NCDWR issues, denies, or waives the state Certification as
required by Section 401 of the Clean Water Act (PL 92 -500). The receipt of the application and
this public notice, combined with the appropriate application fee, at the NCDWR Central Office
in Raleigh constitutes initial receipt of an application for a 401 Certification. A waiver will be
deemed to occur if the NCDWR fails to act on this request for certification within sixty days of
receipt of a complete application. Additional information regarding the 401 Certification may be
reviewed at the NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604 -2260. All persons desiring to make comments regarding
the application for a 401 Certification should do so, in writing, by November 3, 2014 to:
mom

NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699 -1617
Or,
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies with and
would be conducted in a manner that is consistent with the approved North Carolina Coastal
Zone Management Program. Pursuant to 33 CFR 325.2(b)(2) the Corps cannot issue a
Department of Army (DA) permit for the proposed work until the applicant submits such a
certification to the Corps and the NCDCM, and the NCDCM notifies the Corps that it concurs
with the applicant's consistency certification. As the application did not include the consistency
certification, the Corps requests, via this Public Notice, concurrence or objection from the
NCDCM.
® Based upon all available information, the Corps determines that this application for a
Department of Army (DA) permit does not involve an activity which would affect the coastal
zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts
including cumulative impacts of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The benefit
which reasonably may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof, among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidated State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
7-

decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects, and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and /or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the
proposed work, as outlined above, until 5pm, November 3, 2014. Comments should be submitted
to Mr. Steve Kichefski, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801 -5006, at (828) 271 -7980.

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1 ' ♦ ♦ / - ♦ \ PROPOSED 90" CULVERT
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Figure
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8020 Tower Point Drive 0 L M S TE D SUBDIVISION
CHECKED DKD VERTICAL
Charlotte, North Carolina 28227 PROJ. MGR, DKD AS NOTED
Phone: [phone], Fax: [phone] PHASE 2
F_1= _ 401/404 PERMIT STATUS „
PRELIMINARY DESIGN _
www.mckimereed.com FOR PERMITTING
24 pg 29

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ER AERIAL CROSSING #B �, ♦ \\� \c0
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113 03
i
SCALE 1 "= 20'
0 10 20 40
SEWER CROSSING PLAN VIEW DATE FEBRUARY 2014 SCALE
MCE PROJ. ! 1524 - 0016 AT CROSSING #8 DRAWN TAN HORIZONTAL
F
L UTe
DESIGNED TAD AS NO D
8020 Tower Point Drive O L M S TE D SUBDIVISION CHECK ED DKD VERTICAL
Charlotte, North Carolina 28227 PROJ. MGR. DKD AS NOTED
- Phone: [phone], Fax: [phone] PHASE 2
F—i mckimcreed.com 401/404 PERMIT sTAIUS, PRELIMINARY F R RMITTING DESIGN
25 pg 29

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\ 0.0005 acre permanent impact (fill for aerial sewer footers)
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0 10 20 40
SEWER CROSSING PLAN VIEW DATE FEBRUARY 2014 SCALE
MCE PRDJ. ! 1524 -0018
AT CROSSING #9
H O
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DESIGNED TAK AS NOTED
8020 Touter Point D rive O L M S T E D SUBDIVISION
CHECKED p10) VERTICAL
Charlotte, North Carolina 28227 PRDJ. MGR. DKD AS ND7ED
Phone: [phone], Fax: [phone] PHASE 2
F_1= 401/404 PERMIT PRELIMINARY DESIGN
STATOS
www.mckimcreed.com FOR PERMITTING
26 pg 29

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PROPOSED 5
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SCALE 1 "= 20'
0 10 20 40
CULVERT PLAN VIEW DATE FEBRUARY 2014 SCALE
• {///���� ` �1 //yy�� MCE PRO'. ! 1524 -0018
V NFI N }�� AT CROSSING #10 DRANK TAX HAS OTED Figure
v jV1Y1�J 0 L M S TE D SUBDIVISION GLADE ARCH LANE DESIGNED TAK VE ��
8020 Tower Point Drive CHECKED DKD VERTICAL
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Phone: [phone], Fax: [phone] PHASE 2
r_7M 401/404 PERMIT STANS: PR msox
ELIMINARY DESIGN _
www.mcktmereed.com 11, FOR PERMITTING
27 pg 29

_ ► _ _ _ _
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-- = -- _ _ IXISIING _
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r
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A /
WETLAND DISTURBANCE APPROX. -
0.16 ACRES OF DISTURBANCE
SCALE 1 "= 20'
0 10 20 40
WETLAND DISTURBANCE PLAN VIEW DAB' FEBRUARY 2014 SCALE
V,NfI�t &�D DISTURBANCE #11 DAMOJ ! '524 W� HORIZONTAL Figure MCE
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O L M S TE D SUBDIVISION VE NOIED
8020 Tower Point Drive CHECKED DKD VERTICAL:
Charlotte, North Carolina 28227 PROJ. MGR. DKD AS NOTED
Phone: [phone], Fax: [phone] PHASE 2
F -1222 401/404 PERMIT F77-PRELIMINARY DESIGN
www.mckimcreed.com k FOR PERMITTING -
28 pg 29

A-
0/4"
1
Wetland 232 �• /.
III 0.05 acre permanent impact (fill)
\ arc/,
i
WETLAND DISTURBANCE APPROX.
- - -- 0.05 ACRES OF DISTLRBANCE
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WETLAND DISTURBANCE PLAN VIEW DATE FEBRUARY 2014 SCALE
V,I�IED DISTURBANCE #12 DRAWNOJ / 1521 OTOAK Figure
HORRONTAL
OLMSTED SUBDIVISION
DESIGNED TAK AS�L
8020 Tower Point Drive CHECKED OKD VE11CAL•
Charlotte, North Carolina 28227 PROJ. MGR. OKD AS NOTED
Phone: [phone], Fax: [phone] PHASE 2
F_I= 401/404 PERMIT STANS PRELIMINARY DESIGN
www.mokimereed.com FOR PERMITTING
29 pg 29