20061341 Ver 4_401 Application_20081208

Corps Submittal Cover Sheet o LP - 13 L? I V 4
Please provide the following info: A I
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. Gregg C Antemann Carolina Wetland Services, Inc.
*Agent authorization needs to be attached.
4. Related/Previous Action ID number(s):
NWP 12 and 39 (Phase IA) Action ID 2006-40631-360 DWQ No 06-1341
NWP 29 (Phase 1C) Action ID SAW-2008-01130-360 DWQNo 06-1341V3
USACE Jurisdictional Verification (Action Id Nos 200531604)
USACE Jurisdictional Verification (Action Id Nos 200630730)
5. Site Address: Approximately 1.5 miles northeast of Asbury Chapel Road - Eastfield Road
Intersection
6. Subdivision Name: Olmsted Subdivision
7. City: Huntersville
8. County: Mecklenburg
9. Lat: N35.39180° Long: W80.79489° (Decimal Degrees Please)
10. Quadrangle Name: Cornelius, dated 1996
11. Waterway: UT to Ferrelltown Creek
12. Watershed: Rocky (HU# 03040105)
13. Requested Action:
X Nationwide Permit # 29
General Permit #
X Jurisdictional Determination Request 1093 @ TC umy
Pre-Application Request 4 2000
----------------------------------------------------------------------------------------------------------------------Tu-Z[t----
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YJEl LANDS AND SIORII"" Ei< ?4tANGH
The following information will be completed by Corps office:
AID:
Prepare File Folder
Assign number in ORM
Begin Date
Authorization: Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose:
Site/Waters Name:
Keywords:
i CWS1
Carolina Welland Services
November 25, 2008
550 E WESTINGHOUSE BLVD.
CHARLOTTE, NC 28273
704-527-1177 (v)
704-527-1133 (fax)
Mr. Steve Chapin
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. 2008-2419
The Olmsted Subdivision Phase lI is located in Huntersville, North Carolina, approximately 1.5 miles
northeast from the Asbury Chapel Road - Eastfield Road intersection (USGS Map, enclosed). The
purpose of this project is to develop approximately 312 acres into a residential subdivision. Phase IA
of the development has been authorized by the USACE (Action Id No. 2006-40631-360) and the
NCDWQ (DWQ No. 06-1341). Phase 113 did not impact jurisdictional waters of the U.S. 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) together
for storm water management purposes for the entire development. The authorized permits are
enclosed. Phase 1 C of the development has been authorized by the USACE (Action Id No. SAW-
2008-01130-360) and the NCDWQ (DWQ No. 06-1341V3). Copies of all previously issued permits
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. Please see the attached, signed
Agent Certification of Authorization Form.
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: UT's to Ferrelltown Creek and Ferrelltown Creek
Basin: Rocky (HU# 03040105)
City: Huntersville
County: Mecklenburg
Decimal Degree Coordinate Location of Project Site: N35.39180°, W80.79489°
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
(Carpinus caroliniana), tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua),
eastern redcedar (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
NORTH CAROLINA • SOUTH CAROLINA
WWW.CWS-INC.NET
Olmstead Phase H Nationwide Permit No. 29
CWS Project No. 2008-2419 November 25, 2008
(Carex spp.). According to the Soil Survey of Mecklenburg County', on-site soils consist of Enon
soils (EnB), Monacan soils (MO)2, and Wilkes loam (WkB, WkD, and WkE). Cecil and Wilkes soils
are well-drained and exhibit slow to moderate permeability, while Monacan soils are somewhat poorly
drained and exhibit high water capacity.
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.3 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).
On September 30, 2008, CWS's Gregg Antemann and Paul Bright re-investigated Important Intermittent
Stream T (Action Id. 200531604) to confirm its classification. As a result of this re-investigation CWS
believes that the unimportant intermittent portion of Stream T extends approximately 26 linear feet
further downstream than previously thought (Figure 9, enclosed). The revised length of Unimportant
Intermittent Stream T is 197 linear feet. The revised length of Important Intermittent Stream T is 1,015
linear feet. CWS is requesting written verification from the USACE regarding the revised classification
of this channel. Representative photographs for the unimportant intermittent and important intermittent
portions of Stream T are enclosed as Photographs A and B respectively.
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 (enclosed), 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
(enclosed), 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.
1 United States Department of Agriculture, 1980. Soil Survey of Mecklenburg County, North Carolina.
z NRCS Hydric Soils of North Carolina, December 15, 1995.
3 Environmental Laboratory. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, US Army Engineer Waterways
Experiment Station, Vicksburg, Mississippi.
Olmstead Phase II Nationwide Permit No. 29
CWS Project No. 2008-2419 November 25, 2008
Purpose and Need for the Project
The purpose of this submittal is to construct the final four of seven phases of the Olmsted Subdivision
(Phases 2A, 2B, 2C, and 2D). These four phases will be referred to collectively as Phase H (Figure 1,
enclosed). Phase H will develop approximately 312 acres of wooded area into a residential
subdivision.
Avoidance and Minimization
Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent
practicable. Impacts to perennial streams have been avoided completely. The original site plan called
for impacts to 126 linear feet of Unimportant Intermittent Stream T and 187 linear feet of impact to
Important Intermittent Stream T (Figure 2, enclosed). These impacts were reduced by 50 linear feet
resulting in the currently proposed impacts of 126 linear feet of Unimportant Intermittent Stream T
and 132 linear feet of impact to Important Intermittent Stream T (Figure 9, enclosed). Retaining walls
were used at the headwall and endwall to minimize the length of culvert required. In addition, the
required amount of rip rap was limited to the maximum extent practicable and within specification of
local ordinances. Proper sediment and erosion control measures will be used 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 597 linear feet of stream and 0.15 acre of wetlands (Figure 3,
enclosed). Impacts are summarized in Table 1 below.
Table 1. Phase II Impacts to Jurisdictional Waters
Jurisdictional Feature Type of Impact Temporary /
Permanent Impacts
(if) Impact
(acres)
Unimportant Intermittent Stream O Culvert Permanent 132 0.005
Unimportant Intermittent Stream M Culvert Permanent 157 0.009
Unimportant Intermittent Stream F Utility Crossing Temporary 45 0.003
Unimportant Intermittent Stream T Road Crossing
(Culvert) Permanent 126 0.008
Unimportant Intermittent Stream Impacts Total 460 if 0.025 acre

Important Intermittent Stream T Road Crossing
(Culvert and Rip-
Rap)
Permanent
137
0.009
Important Intermittent Stream Impacts Total 137 if 0.009 acre
Wetland AA Fill Permanent -- 0.05
Wetland AA Clearing Permanent -- 0.03
Wetland BB Fill Permanent -- 0.01
Wetland DD Fill Permanent -- 0.06
Wetland Impacts Total -- 0.15 acre
Olmstead Phase II Nationwide Permit No. 29
CWS Project No. 2008-2419 November 25, 2008
Impacts to Unimportant Intermittent Stream Channels:
Unavoidable impacts to on-site unimportant intermittent stream channels total approximately 460
linear feet (0.025 acre) and are the result of culvert placement and grading activities associated with
roadway construction and a sewer branch connector.
Approximately 45 linear feet of Unimportant Intermittent Stream F will be impacted by a sewer line
crossing (Figure 4, enclosed). All impacts to Stream F will be temporary and the stream will be
restored to its natural condition. Approximately 157 linear feet of Unimportant Intermittent Stream M
will be impacted by a road crossing. Approximately 103 linear feet of dual 30" reinforced concrete
pipe (RCP) culverts will be installed under Ashley Park Place (Figure 6, enclosed). The pipes will be
buried below existing grade to ensure aquatic life can pass through the culvert. Approximately 132
linear feet of Unimportant Intermittent Stream O will be impacted by a road crossing. Approximately
112 linear feet of 66" RCP culvert will be installed under Ashley Park Place (Figure 6, enclosed). The
pipe will be buried below existing grade to ensure aquatic life can pass through the culvert.
Approximately 126 linear feet of Unimportant Intermittent Stream T will be impacted by a road
crossing. Approximately 189 linear feet of 48" RCP culvert will be installed under Glade Arch Lane.
(Figure 10, enclosed). The pipe will be buried below existing grade to ensure aquatic life can pass
through the culvert. A cross-sectional view of the crossing has been included as Figure 11 (enclosed).
Impacts to Important Intermittent Stream Channels:
Unavoidable impacts to on-site important intermittent stream channels total approximately 137 linear
feet and are the result of culvert placement and grading activities associated with roadway
construction. Approximately 189 linear feet of 48" RCP culvert will be installed under Glade Arch
Lane. A 50 linear foot rip-rap apron will also be installed. Approximately 137 linear feet of
Important Intermittent Stream T will be impacted (Figure 10; enclosed). The pipe will be buried
below existing grade to ensure aquatic life can pass through the culvert. A cross-sectional view of the
crossing has been included as Figure 11 1V11V 1VJVUJ.
Impacts to Jurisdictional Wetlands:
Unavoidable impacts to on-site jurisdictional wetlands total approximately 0.15 acre and are the result
of fill placement and grading activities associated with roadway construction, and clearing associated
with an aerial sewer line. A total of 0.05 acre of Wetland AA (Figure 6, enclosed) and 0.01 acre of
Wetland BB (Figure 5, enclosed) will be impacted by the placement of fill associated with the
construction of Ashley Park Place. The construction of The Ramble Drive will result in 0.06 acre of
impacts to Wetland DD. These impacts are the result of the placement of fill and piping within the
wetland (Figure 4, enclosed). Approximately 0.03 acre of Wetland AA will be impacted (clearing) for
an aerial sewer line (Figure 6, enclosed).
Previously permitted phases of this subdivision resulted in unavoidable impacts to jurisdictional waters.
Previously permitted impacts are summarized in Table 2 below.
4
Olmstead Phase Il Nationwide Permit No. 29
CWS Project No. 2008-2419 November 25, 2008
Table 2. Total Project Impacts to Jurisdictional Waters
Trunk Sewer: Nationwide Permit No. 12 and Water Quality Certificat ion No. 3374
Jurisdictional Feature Temporary Permanent Total USACE Action ID No.
Impacts Impacts
Perennial s 135 if 95 If* 2301f
Important Intermittent 40 If 401f 801f
Unimportant Intermittent 100 if 701f 1701f 2006-40631-360
Total 2751f 205 If* 4801f
Phase la: Nationwide Permit No. 39 and Water Quality Certification No. 3402
Jurisdictional Feature Impacts Total USACE Action ID No.
Unimportant Intermittent

Stream Q 245 If of Fill 245 if
Unimportant Intermittent 2101f of temporary impacts, 315 linear Net gain of 2006-40631-360
Stream Q feet of relocation 105 if
Total 4551f 1401f
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

Total
2251f
2251f SAW-2008-01130-360
0.02 acre 0.02 acre
Phase 2: Nationwide Permit No. 29 and Water Qua lity Certification No. 3705.
Jurisdictional Feature Temporary Permanents 'total USACE Action ID No.
Impacts Impacts
Important Intermittent -- 1371f 137 If
Unimportant Intermittent 451f 415 if 4601f
(0.003 acre 0.022 acre) 0.025 acre)
Stream Total 45 If 552 If 597 if
W etiands -- 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.
CWS is requesting 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 if
of permanent impacts to Jurisdictional Waters of the U.S. associated with sewer line crossings (Table
2). CWS would like to request that these permanent impacts now 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) has been removed from the channel and stream banks and the impacted
areas have been returned to their natural condition.
On behalf of John Wieland Homes, CWS is submitting a Pre-Construction Notification Pursuant to
Nationwide Permit No. 29 and Water Quality Certification No. 3705 (enclosed).
Olmstead Phase II
Nationwide Permit No. 29
CWS Project No. 2008-2419 November 25, 2008
Compensatory Mitigation
Construction of Phase H of the Olmsted Subdivision has limited impacts to 460 linear feet of
unimportant intermittent streams and to 137 linear feet of important intermittent stream. Furthermore,
all previous permanent impacts from past phases of the project occur within unimportant intermittent
streams. An approximately 35 foot buffer will be placed on both sides of all avoided stream channels,
wetlands, and lakes within the development. Buffered areas total approximately 57 acres and are
shown in Figure 3 (enclosed).
6
Olmstead Phase II Nationwide Permit No. 29
CWS Project No. 2008-2419 November 25, 2008
Please do not hesitate to contact us at 704-527-1177 should you have any questions or comments
regarding these findings.
Tfi6moas J. Blackwell
Project Scientist
Gregg C. Antemann, PWS
Principle Scientist
Enclosures: USGS 7.5' Cornelius, NC Topographic Quadrangle
Figure 1. Current and Previously Permitted Phases Overview
Figure 2. Original Impacts
Figure 3. Phase H Overview
Figure 4. Proposed Impacts - Plan View
Figure 5. Proposed Impacts - Plan View
Figure 6. Proposed Impacts - Plan View
Figure 7. Grading Plan - Plan View
Figure 8. Grading Plan - Plan View
Figure 9. Grading Plan - Plan View
Figure 10. Proposed Impacts -Plan View
Figure 11. Proposed Impacts - Culvert Cross-Section
Pre-Construction Notification Pursuant to a NWP No. 29 and WQC No. 3705
Agent Certification of Authorization Form
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)
Representative Photographs
cc: Ms. Cyndi Karoly, NCDWQ
Mr. Alan Johnson, NCDWQ
Mr. Andew McCoy, John Wieland Homes
Mr. Weston Boles, McKim and Creed
7
Olmsted Subdivision Phase II
Nationwide Permit No. 29 Project No. 2008-2419
Image Courtesy of the U.S. Geological Survey
7.5 Minute Topographic Map Series, Cornelius, North Carolina, dated 1996.
Approximate Scale 1" = 2000'
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Office Use Only: Form Version March 05
USAGE Action ID No. DWQ No. O to - l 3 L4 l V 4
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing A '
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
Nationwide Permit No. 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
D L, R, P VIA.
II. Applicant Information re
1. Owner/Applicant Information DEC 4 2008
Name: John Wieland Homes; Mr. Andrew McCoy
BFNR `+Yr,r-.P r.? 'At!rY
Mailing Address: 8325-D Arrowridge Blvd. TLANRANDSi*DRM%FIATERBRAMCH
Charlotte, North Carolina 28273
Telephone Number: (704)_522-9200 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Mr. Gregg C. Antemann
Company Affiliation: Carolina Wetland Services, Inc.
Mailing Address: 550 East Westinghouse Blvd.
Charlotte, NC 28273
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: _gregggcws-inc.net
Page 1 of 9
III. Project Information
1. Name of project: Olmsted Subdivision Phase IIB
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): I-77 to Harris Blvd
(exit 18 ) take Right turn Left onto Old Statesville Rd Right onto Eastfield Left onto
Sweetfield
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.39180 ON 80.79489 °W
6. Property size (acres): 312 acres
7. Name of nearest receiving body of water: Ferrelltown Creek
8. River Basin: Yadkin River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing land use of the project area is wooded with
adjacent residential developments and utility line right-of-ways
10. Describe the overall project in detail, including the type of equipment to be used: The
purpose of the project is to construct the final four of seven phases of the Olmsted
Subdivision (Phases 2a 2b 2C and 2D). These four phases will be referred to collectively
as Phase II (Figure 1, enclosed). Phase II will develop approximately 312 acres of wooded
area into a residential subdivision. A trackhoe and typical excavation equipment will be used
for this project.
11. Explain the purpose of the proposed work: The purpose of the project is to construct the
final four of seven phases of the Olmsted Subdivision (Phases 2a 2b 2C and 2D These
four phases will be referred to collectively as Phase II (Figure 1 enclosed This phase will
develop approximately 312 acres of wooded area into a residential subdivision
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
Page 2 of 9
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The Nationwide Permit 12 and 39 and the Water Quality Certification
for Phase IA and the adjacent sanitary sewer line have been received (Action ID No. 2006-
40631-360 and DWQ No. 06-1341. Phase 1B did not require a permit because all impacts were
avoided through the use of a bottomless culvert. The Nationwide Permit 29 and the Water
Quality Certification for Phase IC have been received (Action ID No. SAW-2008-01130-360
and DWQ No. 06-1341V3).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No. This permit will complete the project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as. appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Unavoidable impacts to on-site
unimportant intermittent stream channels total approximately 460 linear feet (0.025 acre) and
are the result of culvert placement and rg ading activities associated with roadway
construction (Figures 4-6 and 10) An approximate 35 foot buffer will be placed on both
sides of all avoided stream channels within this phase of the development Figure 3 .
Unavoidable impacts to on-site important intermittent stream channels total approximately
137 linear feet and are the result of culvert placement and grading activities associated with
roadway construction (Figure 10, enclosed). The Pipe will be buried below existing grade to
ensure aquatic life can pass through the culvert. A cross-sectional view of the crossing has
been included as Figure 11 (enclosed). Unavoidable impacts to on-site jurisdictional wetlands
total approximately 0.15 acres and are the result of grading activities associated with
roadway construction (Figure 3-6).
Page 3 of 9
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no) (linear feet)

Wetland AA Fill Forested no 0 0.05
Wetland AA Clear Forested no 0 0.03
Wetland BB Fill Forested no 0 0.01
Wetland DD Fill Forested no 0 0.06
Total Wetland Impact (acres) 0.15
3. List the total acreage (estimated) of all existing wetlands on the property: 15.719 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage- multinly length X width then divide by 43 560
Average
Stream Impact
Perennial Stream Impact Area of
Number Stream Name Type of Impact Intermittent?
? Width Length Impact
(indicate on map) Before (linear feet) (acres)
Impact
Stream F UT to Ferrelltown Utility Crossing Unimportant 3-5' 30 0
002
Creek (temporary) Intermittent .

Stream F UT to Ferrelltown Utility Crossing Unimportant
'
Creek (permanent) Intermittent 3-5 15 0.001

Stream M UT to Ferrelltown Culvert Unimportant
3-5'
157
0
009
Creek Placement Intermittent .

Stream O UT to Ferrelltown Culvert Unimportant
3-5'
132
0
005
Creek Placement Intermittent .

Stream T UT to Ferrelltown Culvert Unimportant
3-5'
126
0
008
Creek Placement Intermittent .

Stream T UT to Ferrelltown
Cr
k Culvert Important
3-5'
137
0
008
ee Placement Intermittent .
Total Stream Impact (by length and acreage) 597 if 0.025
Page 4 of 9
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): 0.025 acre
Wetland Impact (acres): 0.15 acre
Open Water Impact (acres): 0.00 acre
Total Impact to Waters of the U.S. (acres) 0.175 acre
Total Stream Impact (linear feet): 597 linear feet
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the i roposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Impacts to on-site
jurisdictional waters of the U.S. have been reduced to the maximum extent practicable Impacts
to perennial streams have been avoided completely. The original site plan called for impacts to
Page 5 of 9
126 linear feet of Unimportant Intermittent Stream T and 187 linear feet of impact to Important
Intermittent Stream T (Figure 2, enclosed). These impacts were reduced by 50 linear feet
resulting in the currently proposed impacts of 126 linear feet of Unimportant Intermittent Stream
T and 187 linear feet of impact to important Intermittent Stream T (Figure 10, enclosed).
Retaining walls were used at the headwall and endwall to minimize the length of culvert
required. Proper sediment and erosion control measures will be used to minimize disturbances to
downstream waters.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Construction of Phase IT of the Olmsted Subdivision has limited impacts to 460 linear feet of
unimportant intermittent streams and to 137 linear feet of important intermittent stream
Furthermore, all previous permanent impacts from past phases of the project occur within
unimportant intermittent streams. An approximately 35 foot buffer will be placed on both
sides of all avoided stream channels wetlands and lakes within the development Buffered
areas total approximately 57 acres and are shown in Figure 3(enclosed)
Page 6 of 9
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Page 7 of 9
3.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
4. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Sources of nearby impervious cover include
roads, driveways, and rooftops. This protect will not cause an increase in- the impervious
coverage of the project area by more than 24 percent.
XII. Sewage Disposal (required by DWQ)
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Page 8 of 9
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This is
the final phase of the project No further development is anticipated
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Construction is scheduled to begin immediately following receipt of the appropriate permits

11
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
AGIEN ' CEIRTMCA170N 05 AU'3'UO Z nON
I, A-rdrew NfcCoy, representing John Wieland Homes and Neighborhoods, hereby certify
that I have authorized Gregory C. Antemann of Carolina Wetland Services, Inc. to act on
my behalf and tape ail 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.
Applicant's signa
Cc,
Date
1417 C- --
Agent's signature
12-7-05
Date
Completion of this form will allow the agent to sign all future application correspondence.
?,a STA7p o,
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
October 21, 2008
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Office of Archives and History
Division of Historical Resources
David Brook, Director
Jamie MacMartin
Carolina Wetland Services
550 E Westinghouse Boulevard
Charlotte, NC 28273
Re: Olmstead Subdivision Phase IIB, CWS # 2008-2419, Huntersville, Mecklenburg County, ER 08-2404
Dear Mr. MacMartin:
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,
1-4
Peter Sandbeck
MP14-
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699=4617 Telephone/Fax: [phone]-6599
NCbENR
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 junction 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
l
1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Natural
gral
Phone: [phone] Email: [e-mail] 1 www.ncnhp.org Program
An Equal Opportunity / 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.ncEhp.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 information.
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
datag?ncmait.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 [phone].
Sincerely,
N 3
Misty Buchanan
Botanist
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] Email: [e-mail] 1 ww-w.ncnhor;
NORTH CAROLINA
Natural
Heritage
Program
SCIENCE GUIDING CONSERVATION
U.S. ARMS' 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 McCov
Address: 8325-D Arrowridge Blvd.
Charlotte, NC 28273
Telephone No.: 704-522-9200
Property description:
Size (acres) 450 acres Nearest Town Charlotte
Nearest Waterway Yadkin River Basin Ferrelltown Creek
USGS HUC 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, Mecklenbur County North Carolina
Indicate Which of the Followin 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
determination is not an appealable action under the Regulatory Program Administrative 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
nnr nti B
ahl;ehrrl regulations, this deternuna±ren may be relied , f, u ? a r._ r
yo= >r. period not to cxcccu Eve years orn 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 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) y
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 33 1.5, 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 R+ A 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 this
correspondence.**
Corps Regulatory Official:?u/%'" -
Date March 15, 2006 ?..,,,_?Ypiration 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 U.S.G.S. Quad: Cornelius
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: John Wieland Homes / Attn: Andrew McCov
Address: 8325-D Arrowridge 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 Mecklenbur Count 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
determination is not an appealable action under the Regulatory Program Administrative 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 properly 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 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 s. 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.
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 sublin' au RFA ionm, it must be received at the above address by may ;47, 2006.
**It is not necessary to submit an RFA form to the Division C):£fice if you do not object to the determination in this
correspondence.** i?
1 f ~
Corps Regulatory Official:
r
Date March 27, 2006 expiration Date March 27, 2011
CF: Carolina Wetland Services, Attn: Gregg Antemann, 550 E. Westinghouse Blvd., Charlotte, NC 28273
2
U.S. A- r lY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2006-40631-360 County: INfecklenburg, USGS Quad: Cornelius
GETNER .L, PEI IVU, T (REGIONAL. AND ETA ? ??I?i ?J??1J? VERIFICATION
Property Owner /,Authorized Agent: John Weiland Homes / Attn: Andrew McCoy
Address: 3325-D ArrowridLye Blvd.
Charlotte, ITC 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 Proncy Creek and extends south toward Eastfield Road, adjacent
to Ferrelltown Creek in Cornelius TNIecklenburg County, Forth C'arol'ina
Description of projects area and activity: This permit authorizes excavation and placement of riprap
associated with sewer line installation Impacts to stream channels authorized by this permit are
480 linear feet (which includes 275 linear feet of temporary impacts and 205 linear feet of
.permanent impacts) under NWP 912. This permit also authorizes placement of fill and channel
relocation associated with lot fill and road construction for a residential development Impacts to
stream channels authorized under NWP 439 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 Nuunber: 12 & 39
. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violat ion of the attached conditions or deviation
from your suiuliuttcd piaii5 may Suujc f the per.niitee tu a ;tup wuri? uLder, a restoration order and/or appiopiiuic
legal ac«o?i.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revolted prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs. are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is.
modified or 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
date identified below, the nationwide permit authorization is reissued and/or modified; this verification will remain
valid Srtii the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP:
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 [phone]) 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 pernaittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Amanda .Tones at 828-271-7980 x231.
Corps Regulatory Official asnanda Jones Date: October 5, 2006*
Expiration Date or Verification: IN'larch 18, 2007
:'Date reflects 45 days from the date a complete application was received.
CF: CWS, Attrn: Ron Johnson, 550 F. Westinghouse Blvd., Charlotte, ETC 28273
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 15, 2006
DWQ# 06-1341
Mecklenburg County
Mr. Andrew McCoy
John Wieland Homes
8325-D Arrowridge Blvd.
Charlotte, NC 28273
Subject Olmstead SID and Sewer Trunk Line
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. McCoy:
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
Ferrelltown 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/filll 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
http://h/'-o.ei-ii-.s'Late.i-i(;.us//i-icwetlands. The Certification allows you to use Nation ide r -1111 l i`4um?bers 12 and
39 once they are issued to you by the U.S. Army Corps of E- igineers. 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 ust 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 wel, nds and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shat ° hM
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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 401M/etlands Unit web site at
http://h2o.enr.state.nc.us/ncwettands.
4. All wetlands, streams, surface waters, and riparian 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-
Of-l=ee Coordinator should be contacted at [phone] 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 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,
-Alan 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
WILMINGTON DISTRICT
Action ID. SAW-2008-01130-360 County: Mecklenburg USGS Quad: Cornelius
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: John Weiland Homes, Att'n: Andrew McCoy
Address: 8325-D Arrowridae Blvd.
Charlotte, NC 28273
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Olmsted S/D, Phase 1 C
located on a 52 acre tract approx '/z mile from the Rockv 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 phase 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 deviation 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 nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is re-S».?. .. ed ..°ndlor ,.- odifed r
-, this VerliicatIvli wlu :crtia1ii valid ltttill the expiration (late identified
below, provided it complies with all requirements of the modified nationwide pe.^.nit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis 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 [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), 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 Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980.
Corps Regulatory Official -Steve Chapin Date: April 24, 2008
Expiration Date of Verification: April 24, 2010
The Wilmington District is corn mitted 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
littp:,I/www.saw.usace.arinv.i-nil/WETLANDS/index.htmI 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 preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? 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 determination may be relied 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 on March 15, 2006 Action ID. 200531604.
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to Ferrelltown 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 Blewett 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 jurisdictional determination. If you are not in 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
Amy: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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 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 Chapm_
Issue Date: AREj 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. Westinghouse Blvd., Charlotte, NC 28273
0? Ju H ?9QG
%J r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 6 2008
DWQ# 06-1341V3
Mecklenburg County
Mr. Andrew McCoy
John Wieland Homes
8325-D Arrowridge Blvd.
Charlotte, NC 28273
Subject: Olmsted Subdivision, Phase 1C
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. McCoy:
You have our approval, in accordance the general certification and those conditions listed
below, to impact 225 linear feet (If) 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 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:
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?hCarolina
„ llaturrfrll!l
North Carolina Division of Water Quality 610 East Center .Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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 150E 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
Attachments: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Gregg Antemann, CWS
Olmsted Phase II
Nationwide Permit No 29 Protect No. 2008-2419
Photograph A. View of Unimportant Intermittent Stream T, tacmg upstream.
Photograph B. View of Important Intermittent Stream T, facing upstream.