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HomeMy WebLinkAbout20061341 Ver 6_More Info Received_20141007t� 41 Y ( 550 E WESTINGHOUSE BLVD 0 [ 3 �-{ Try Cp CHARLOTTE, NC 28273 704 -527 -1177 (v) n r IL Carniina Wetland Services 704- 527 -1133 (fax) y�n \``-! ,1, August 28, 2014 OCT 0 7 2014 Mr Steve Kichefsk> U S Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 Subject: Section 404 Individual Permit Application Olmsted Subdivision Phase II Huntersville, North Carolina Carolina Wetland Services Project No. 2013 -3236 DWR #: 06 -1 44-V5 ,q U — )e15 L4V6 Dear Mr. Kichefski, The Olmsted Subdivision Phase II is located in Huntersville, North Carolina, approximately 1 5 miles northeast of the Asbury Chapel Road — Eastfield Road intersection (Figure 2. USGS Map attached). The purpose of this project is to develop approximately 292 acres into a single- family residential subdivision. Phase I of the development was authorized by the USACE (Action Id No 2006- 40631- 360) and the NCDWQ (DWQ No. 06 -1341) in 2006. Phase 1B 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 1B to tie all phases (including future phases) together for storm water management purposes. The authorized permits are enclosed Phase 1C of the development was authorized by the USACE (Action Id No SAW -2008- 01130 -360) and the NCDWQ (DWQ No. 06 -1341 V3) in 2008. Phase IA, 113, and 1C have been completed. Phase II was also authorized by the USACE (Action Id No. SAW- 2008 - 03216), however due to economic conditions at the time, Phase II was not completed and the permit has since expired Copes 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 Individual 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 NORTH CAROLINA . SOUTH CAROLINA WWW CWS -INC NET Olmsted Subdivision Phase II August 28, 2014 Section 404 Individual Permit Application CWS Protect No. 2013 -3236 Current Land Use 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 carohniana), tulip poplar (Liriodendron tulip fera), sweetgum (Liquidambar styraciva), 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 Mecklenburg County Soil Survey' (Figure 5, 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 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 hydnc mclusionsz Monocan loam, 0 to 2 percent slopes, frequently flooded (MO) is also listed as partially hydric on the National Hydric Soils Lise (hydnc, criteria 2133, 4) Federal Emergency Management Agency (FEMA) Floodplains The northeastern portion of the project site is located within the I00 -year FEMA floodplain (Figure 6, enclosed). However, there will be no impact to this floodplain. Jurisdictional Delineation On January 24 -28, 2005, CWS delineated (flagged in the field), classified, and surveyed on -site jurisdictional waters of the U S using a sub -meter GPS unit and 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 4 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 (PWS) 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 and confirmed that there has been no change to the limits ofjunsdiction of on -site waters of the U.S , including wetlands (Figures 4 — 7, attached). Table 1 (next page) summarizes the on -site jurisdictional waters of the U S. During a field visit on July 29, 2014, Mr Steve Kichefski (USACE) field reviewed on -site jurisdictional features for which impacts are proposed Per Mr Kichefski's request, updated NCDWR Stream Identification Forms and USACE Stream Quality Assessment Forms representative of streams for which impacts are proposed have been completed and are attached (SCP1 — SCP7) Updated USACE Wetland Data Forms representative of wetlands for which impacts are proposed have also been completed and are attached (DPI — DP3) A data form representative of non jurisdictional upland areas has been attached as DP4. 'United States Department of Agriculture (USDA), 2013 Soil Survey of Mecklenburg County, North Carolina ' United States Department of Agriculture — Natural Resources Conservation Service, 2012 North Carolina Hydric Sods List, USDA -NRCS North Carolina State Office, Raleigh 'United States Department of Agriculture —Natural Resources Conservation Service, 2012 2012 National Hydric Soils 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 Olmsted Subdivision Phase 11 August 28, 2014 Section 404 Individual Permit Analication CWS Project No. 2013 -3236 Table 1. Summary of On -Site Jurisdictional Waters of the U.S. Jurisdictional- - T+eatae _ M Classicatior ma el �� Len h 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 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 6,1071f Stream Total 15,911 If Ju tr sdicttonall �Featnre - Classification =� App o citrate =, Acreage (arcy Wetland AA Directly abutting RPW (DP3) 438 Wetland BB Directly abutting RPW 0 033 Wetland CC Directly abutting RPW 0 184 Wetland DD Directly abutting RPW (DP 1) 0 331 Wetland FF Directly abutting RPW 0 099 Wetland GG Directly abutting RPW (DP2, tt 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 Olmsted Subdivision Phase II August 28, 2014 Section 404 Individual Permit Application CWS Project 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. A copy of the Protected Species Report for the entire subdivision is attached. Purpose and Need for the Project The purpose of this submittal is to construct the final phase of the Olmsted Subdivision, Phase II (Figure 12, 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 Unavoidable impacts to on- site jurisdictional waters of the U S are necessary to construct road and utility crossings to service Phase II of the Olmstead Subdivision. Alternatives Analysis In an attempt to minimize impacts to jurisdictional waters while still meeting the goals of the project, an alternatives analysis was conducted for this project. Alternatives that received consideration and the rationale for selecting the preferred alternative are described below A "No Build" alternative was considered This alternative would complete the built out of the remaining lots in Phase I of the Olmsted subdivision and not develop Phase II of the project This option would leave unsightly stub roads in a number of locations. Furthermore, since the current property owner purchased the property for the purpose of completing the development, this option would not meet any of the project goals Therefore, the No -Build Alternative was eliminated from further consideration In order to complete to project it is necessary to make a number of stream crossings. The location for these stream crossings is constrained by the existing road layout from Phase I as well as the natural site topography and existing natural resources A number of options for affecting these crossings were considered. Initially, the use of bottomless culverts was considered. However, it was quickly realized 4 Olmsted Subdivision Phase II August 28, 2014 Section 404 Individual Permit Application CWS Proiect No. 2013 -3236 that using bottomless culverts on all crossings would be cost prohibitive. Cost estimates of bottomless culverts for these crossings are in excess of $1,000,000 per crossing due to the steep topography of the site A bottomless culvert will be used at a crossing of Perennial RPW Stream A. The use of bottomless culverts for the remaining crossings was determined to be too expensive. The project engineer evaluated a number of options to minimize impacts associated with the crossings. Impacts were reduced through the use of headwalls upstream and downstream of culverts In addition, minor adjustments were made to the proposed crossing locations in an effort to minimize impacts The currently proposed site plan was developed as a result of this alternatives analysts and avoidance and minimization process We believe that the current site plan is the best possible plan that meets the project goals while avoiding impacts to jurisdictional waters of the U.S. to the greatest extent possible. The project has been thoughtfully designed to avoid impacts wherever possible. Avoidance and Minimization Impacts to on -site jurisdictional waters of the U S have been reduced to the maximum extent practicable. Road and utility crossings ofjurisdictional 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 15, 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 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 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 Impacts to Seasonal RPWs. Unavoidable impacts to on -site seasonal 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 a 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 22 and 23 (attached) illustrate a plan view and profile view, respectively, of Crossing 6. Figures 24 and 25 (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 Olmsted Subdivision Phase II August 28, 2014 Section 404 Individual Permit Application CWS Proiect No. 2013 -3236 herbaceous wetlands in utility easements Impacts to Wetland AA associated with road crossings total 0.07 acre and are shown on Figures 16 and 20 (attached) Impacts to Wetland DD are associated with a road crossing and total 0.05 acre and are shown on Figure 31 (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 30 (attached) Figure 27 (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 (next page) and an overview of impact locations is attached as Figure 12. Olmsted Subdivision Phase 11 August 28, 2014 Section 404 Individual Permit Application CWS Proiect No 2013-3236 Table 2. Phase 11 Impacts to Jurisdictional Waters Jurisdictional r Score N —C��7 4 S Q ac r6 r ,of te—npora D Permanent Min P n ar ts ' IM M gu7 - r Number Seasonal RPW 275 63 Culvert & Permanent 168 0012 13 & 14 Stream K Ri Rap p Seasonal RPW 285 59 Culvert & Permanent 164 0009 16 & 17 Stream M Rip Rap Seasonal RPW 185 55 Culvert & Permanent 132 0009 18 & 19 Stream 0 Rip Rap Seasonal RPW 28 50 Utility Temporary 15 0001 20 & 21 Stream S Crossing Seasonal RPW 205 46 Culvert & Permanent 228 0015 30 & 29 Stream T Rip Rap Culvert & Permanent 162 0011 22 & 23 Perennial RPW 325 59 Rip Rap Stream P Culvert & Rip Rap Permanent 138 0015 24 & 28 Fill (footers n/a n/a for aerial Permanent -- 00005 27 sewer) Conversion Wetland AA from n/a n/a Forested to Permanent 0032 27 Herbaceous (Sewer) n/a n/a Fill (Road Crossing) Permanent 0070 16 & 17 Wetland DID n/a n/a Fill (Road Crossing) Permanent 0050 31 Wetland GG n/a n/a Fill Permanent 0160 30 epTV tMUU, 6lPermankUtIllwethiiii! inpacils''i 0T.1 .313 ,acre.- MIM SONJA& ii= M Total Pe�manentSeasonalRPWStreamIrnpacts _0 692 L10 0' 45 acre 2i311!'�, -j�' 7 -4 10tal Permanent Perei nia19F* 6 in Impacts, -30 1 0.026 acre Olmsted Subdivision Phase II August 28, 2014 Section 404 Individual Permit Application CWS Proiect No. 2013 -3236 Completed 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. Previously Permitted Proiect Impacts to Jurisdictional Waters AW.Wif'r,'u'nk'rgerer--rN-ati'o"nr-wiee Permit No 12 anii Water ualit' Certfication No. 3374 iMM Jarisdictional.Feature Temporary Permanent Im acts Total'" �� '— _` 1 USACEActionlIDNo. Perennial RPW 135 if 95 IP 2301f 2006- 40631 -360 (Impacts Completed) Seasonal RPW 140 If 110 If* 250 if Total Permanent Impacts O if P- Iiasela:Nationwide Permit,Mo. 39 andVWeter QualitCertitication No: 3402' urisdictionalrFeatur _ &F ', Im actsff "1a _ #4, Total l-�USACE tiction i—D No. Seasonal RPW Stream Q 245 if of Fill 245 if 2006 - 40631 -360 (Impacts Completed) Seasonal RPW Stream Q 210 if of temporary impacts, 315 linear feet of relocation Net gain of 105 If Total Permanent Impacts 245 If (Seasonal RPW) Phase fc: Nationwide' PerruitiNo. 29 anii�Water Qualif� Certification lVo: 3705�� `Jurisdictional Feature =� Temporary Im ac6k. �Perniadent : "�Im acts n Total _ JS AGE Action ID No. _ Seasonal RPW Stream C __ 2251f 0 02 acre 2251f 0 02 acre SAW- 2008 - 01130 -360 (Impacts Completed) Total Permanent Impacts 2251f (Seasonal RPW) * 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 hard stabilization (rip -rap) was removed from the channel, and stream banks and 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 seasonal streams channel, and 0 313 acre of wetlands All permanent impacts from previous phases of the project occurred within what was then classified as unimportant intermittent stream channels, and were completed at a time when these impacts did not require compensatory mitigation During a field meeting with Mr. Steve Kichefski (USACE) and Mr. Alan Johnson (NCDWR) on July 29, 2014, it was determined that mitigation would be required at a 2 1 ratio for Perennial RPWs and a 1 1 ratio for Seasonal RPWs with the exception of Seasonal RPW Stream T Stream T was reviewed in the field and determined to have very low aquatic and ecological function Mitigation will be required at a 2 1 ratio for permanent wetland impacts Total cumulative impacts and required mitigation for this project are summarized in Table 4, below. Olmsted Subdivision Phase II August 28, 2014 Section 404 Individual Permit Application CWS Proiect No 2013 -3236 Table 4. Total Required Mitieation Rapanos Glassificatfon �� Status f�Impacts- Ifm apse ts F - = Impacts = Mitiga'on - - = jillif (acre) -(If} �� Required" Seasonal RPW Completed -- 470 None (grandfathered) Seasonal RPW with Low Aquatic Function Proposed -- 228 None (Stream T) Yes (1 1) Seasonal RPW Proposed -- 464 464 credits Yes (2 1) Perennial RPW Proposed -- 300 600 credits Directly Abutting Proposed 0 313 -- Yes (2 1) Wetlands 0 626 credits .Tv otal kequired-Stream�Mitigation �' ° 1;664,1k6ear feet . . Total °Required P etland Mifei ttoo p 0:62264acre Our client proposes to mitigate for impacts associated with this project through the purchase of credits from the North Carolina Ecosystem Enhancement Program ( NCEEP). A total of 1,064 stream credits and 0 626 wetlands credits are required A mitigation request has been submitted to the NCEEP. A copy of the NCEEP acceptance letter is attached NOTE: PER TELEPHONE CONVERSATIONS WITH MR. STEVEN KICHEFSKI (USACE) AND MR. ALAN JOHNSON (NCDWR) OUR CLIENT PROPOSES TO PAY MITIGATION FEES CONCURRENT WITH THE IMPLEMENTATION OF THE PROPOSED IMPACTS. PROPOSED IMPACTS WILL BE COMPLETED IN PHASES. DUE TO THE HIGH COST OF MITIGATION OUR CLIENT WILL PURCHASE CREDITS CONCURRENT WITH THE CONSTRUCTION OF EACH PHASE. TABLE 5 (NEXT PAGE) SHOWS AN APPROXIMATE SCHEDULE FOR THE PROPOSED IMPACTS AND THE PURC14ACE OF THE CORRESPONDING MITIGATION CREDITS. 7 Olmsted Subdivision Phase II August 28, 2014 Section 404 Individual Permit Application CWS Proiect No. 2013 -3236 Table 5. Approximate Schedule of Proposed Impacts and the Purchase of Mitigation Credits. ,. a Miti ahou A z Stream K (168 If) 168 i Wetland DD (0 05 ac ) Group 1 Now Wetland GG 0 626 (0 16 ac ) Wetland AA (0 1025 ac ) Group 2 Stream P (300If) 600 quarter 2015 Group 3 Stream M (1641f) 296 Early 2016 Stream O (1321f) Group 4 Stream T (228 If) None 2017 H Olmsted Subdivision Phase I1 August 28, 2014 Section 404 Individual Permit Application CWS Protect No. 2013 -3236 Please do not hesitate to contact me at 704 -527 -1177 or tom @cws -inc net should you have any questions or comments regarding these findings Thomas J. Blackwell, PWS Alusa Harjumemi Principal Scientist Staff Scientist II Attachments- Figure 1 of 31 Vicinity Map Figure 2 of 31 USGS Site Location Map Figure 3 of 31. Vicinity Aerial Photograph Figure 4 of 31. Aerial Photograph Figure 5 of 31. NRCS -USDA Soil Survey of Mecklenburg County Figure 6 of 31 FEMA Floodplain Map Figure 7 of 31 Phase II Overview Figure 8 of 31. Approximate Jurisdictional Boundary Map - Overview Figures 9 — 11. Approximate Jurisdictional Boundary Maps Figures 12 — 31. Proposed Impacts Agent Authorization Form Section 404 Individual Permit Application (ENG FORM 4345) NCDWR Stream Classification Forms (SCP1 — SCP7) USACE Stream Quality Assessment Worksheets (SCP1 — SCP7) Wetland Determination Data Forms (DPI — DP3) Upland Determination Data Form (DP4) Adjacent Property Owners Agency Correspondence NCEEP Conditional Acceptance Letter Preliminary Jurisdictional Determination Form Representative Photographs 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 1 C) 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 II) Action ID SAW- 2008 -03216 NCDWQ Water Quality Certification (DWQ No. 06 -1341 V4) PETS Report 11 U S ARMY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO 0710 -0003 33 CFR 325 The proponent agency is CECW -CO -P EXPIRES 28 FEBRUARY 2013 Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding this burden estimate or any other aspect of the collection of information including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710 -0003) Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authorities' Rivers and Harbors Act, Section 10, 33 USC 403, Clean Water Act, Section 404, 33 USC 1344, Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413, Regulatory Programs of the Corps of Engineers, Final Rule 33 CFR 320 -332 Principal Purpose Information provided on this form will be used in evaluating the application for a permit Routine Uses This information may be shared with the Department of Justice and other federal, state, and local government agemes, and the public and maybe made available as part of a public notice as required by Federal law Submission of requested information is voluntary, however, If information is not provided the permit application cannot be evaluated nor can a permit be issued One set of original drawings or good reproducible topies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1 APPLICATION NO 2 FIELD OFFICE CODE 3 DATE RECEIVED 4 DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICANT) 5 APPLICANTS NAME 8 AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Andrew Middle - Last - McCoy First - Thomas Middle -J Last - Blackwell Company - John Wieland Homes Company - Carolina Wetland Services, Inc E -mail Address - E -mail Address -tom a cws -ire net 6 APPLICANTS ADDRESS 9 AGENT'S ADDRESS Address- 8325 -D Airowndge Blvd Address- 550 E. Westinghouse Boulevard City - Charlotte State - NC Zip-28273 Country-USA City - Charlotte State - NC Zap - 28273 Country-USA 7 APPLICANTS PHONE NOs w /AREA CODE 10 AGENTS PHONE NOs w /AREA CODE a Residence b Business c Fax a Residence b Business c Fax 704 -522 -9200 704 -527 -1177 704 - 527 -1133 STATEMENT OF AUTHORIZATION 11 I hereby authorize, Thomas Blackwell to act in my behalf as my agent in the processing of this application and to furnish, upon request supplemental information in support of this permit application See Att"W Asont' 4.0 wick,. k SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE (see instructions) Olmsted Subdivision Phase 11 13 NAME OF WATERBODY, IF KNOM4 (if applicable) 14 PROJECT STREET ADDRESS (if applicable) Ferrelitown Creek Address N/A 15 LOCATION OF PROJECT Latitude >N N35.391817° Longitude -W W80795877" City - Hunters/ ille State - NC Zip - 28078 16 OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel fD 02118101 Municipality Town of Huntersville Section - N/A Tovmship - \/A Range - N/A ENG FORD 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE Page 1 of 3 17, DIRECTIONS TO THE SITE Approx 1 5 miles northeast of Asbury Chapel Road — Eastfield Road, Intersecuon 18 Nature of Activity (Desenption of project, include all features) Olmsted Subdivision, Phase II (Figure 8, attached) will develop approximately 292 acres of wooded area into a residential subdivision. Impacts to on -site jurisdictional waters of the US are necessary to construct road crossings and utility crossings to service Phase II of the Olmstead Subdivision Unavoidable impacts to on- site.junsdictioral waters associated with Phase II of the Olmsted Subdivision total approximately 2,007 linear feet of stream and 0 3I3 acre of wetlands. Please see attached letter report for additional details. 19 Project Purpose (Descnbe the reason or purpose of the project, see instructions) 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,junsdictional waters of the U S. are necessary to construct road crossings and utility crossings to service Phase tI of the Olmstead Subdivision USE BLOCKS 20 -23 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge Please see attached letter report for details 21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards ' Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Dirt, 453 cubic yard 22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 0 2805 acre or Linear Feet 0 23 Description of Avoidance, Minimization, and Compensation (see instructions) Please see attached letter report for details ENG FORM 4346, OCT 2012 Page 2 of 3 24 Is Any Portion of the Work Already Complete? ❑Yes ZX No IF YES, DESCRIBE THE COMPLETED WORK 25 Addresses of Adjoining Property Owners, Lessees, Etc, Whose Property Adjoins the Waterbody (d more than can be entered nere, pease attach a supplerrentaf list) a Address - City - State - Zip - b Address - City - State - Zip - c Address - city - State - Zip - d Address - City - State - Zip - e Address - City - State - Zip - 25. L lst of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL` IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER Would include but Is not restricted to zoning, building, and flood plain permits 27 Application is hereby made for permit or permits to authorize the work described in this applic:abon I certify that th mformatton to this application is complete and accurate I further certify that I possess the authority to undertake the work cubed h ein or am acts as the duly authonzed agent of the applicant SIGNATURE OF APPLICANT DATE NATURE O GENT p�DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed 18 U S C Section 1001 provides that Whoever, in any manner within the jurisdiction of any depanment or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both ENG FORM 4345, OCT 2012 Page 3 of 3