20081796 Ver 1_Public Notice_20090211

US Army Corps
Of Engineers
Wilmington District
o00-I161L'P
PUBLIC NOTICE
Issue Date: February 11, 2009
Comment Deadline: March 13, 2009
Corps Action ID #: SAW -2009-0089
The Wilmington District, Corps of Engineers (Corps) has received an application from Crescent
Resources, LLC, Attn: Mr. Brian Natwick, seeking Department of the Army authorization to
impact 1.13 acres of wetland and 150 linear feet of stream channel in and adjacent to unnamed
tributaries of the Rocky River to construct an access road at the Rocky River Landing, Phase 2
multi -family residential development, located off Concord Mills Boulevard across from Concord
Mills Mall near exit 49 of Interstate 85 at Concord, Cabarrus County, North Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at kvww.saw. usace.army.miI/wetlands
Applicant: Crescent Resources, LLC,
Attn: Mr. Brian Natwick k@51
400 South Tryon Street, 13`" Floor
Charlotte, North Carolina 28285-0107 FEB 1 1 2009
AGENT (if applicable): Mr. Leonard S. Rindner DEIR•WAI RMAUR
3714 Spokeshave Lane WETlMAl087 INWr►lERBRI 0
Matthews, North Carolina 28105
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act
(33 U.S.C. 1344).
Location
The proposed project is located adjacent to the site of the existing Rocky River Landing, Phase 1,
north of Concord Mills Mall and east of Derita Road off Concord Mills Boulevard. The Rocky
River is located to the north and east of the site. The project is in western Cabarrus County at
approximately 35.3796 degrees north latitude and 80.7251 degrees west longitude and is in the
Yadkin River Basin, Hydrologic Unit 03040105.

Existing Site Conditions
Rocky River Landing, Phase II is a proposed multi -family residential site consisting of a total of
81.1 acres. Approximately 21 acres is proposed to be developed and consists of a previously
graded, flat upland with steep -sided slopes. The remainder of the site consists of forested and
emergent marsh wetlands (approximately 44 acres) and forested riparian floodplain
(approximately 16 acres) adjacent to the Rocky River and an unnamed tributary. The Rocky
River forms most of the northern and eastern boundary of the site. The unnamed tributary
channel is located between Concord Mills Road and the upland development area. The wetlands
are currently flooded or have been inundated in the recent past by beaver activity. Phase I of
Rocky River Landing, to the west, is currently being developed for commercial and multi -family
use including a Wal-Mart Supercenter. A Nationwide Permit Number 14, issued on April 25,
2008, authorized impacts to 0.49 acres of wetland and 150 linear feet of stream for the extension
of Thunder Road into Phase I off Concord Mills Road to serve the commercial site. These
impacts to aquatic resources were mitigated by payment to the NC Ecosystem Enhancement
Program.
Applicant's Stated Purpose
The purpose of the proposed work is to provide an access road to Phase II for use by residents,
service and emergency vehicles to meet City of Concord zoning requirements. This proposed
access road is aligned with an existing signalized intersection.
Project Description
The applicant proposes to discharge dredged or fill material into a total of 0.98 acres of wetland
and 150 linear feet of perennial stream channel at 1 location. An additional 0.15 acres of
wetland will be mechanically cleared or temporarily impacted by construction activities. The
proposed two-lane roadway will measure approximately 360 feet long and 110 feet wide through
wetlands. Proposed side slopes are 1.5 to 1. The flow of an unnamed tributary to Rocky River
will be maintained through a series of 5 box culverts. Four of the box culverts measure 8 feet by
5 feet. The center culvert will measure 8 feet by 6 feet and will be buried 1 foot below the
channel bed elevation. The box culverts will measure 103 feet long. Two 36 -inch diameter flow
equalization pipes will also be installed through the roadway fill. The purpose of the proposed
work is to construct an additional access road to Phase II of Rocky River Landing in accordance
with local zoning requirements. Cumulative impacts for the entire project (Phase I and Phase II)
will include 1.62 acres of wetland and 300 linear feet of stream channel. The applicant proposes
to mitigate for wetland and stream channel impacts for Phase 11 through payment to the NC
Ecosystem Enhancement Program. Plans showing the proposed work are included with this
public notice.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
7

required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for certification under Section 401 of the Clean Water Act
should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ),
2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260 Attention: Ms Cyndi Karoly by
March 13, 2009.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.

Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, March 13, 2009. Comments should be
submitted to Mr. Steven Lund, US Army Corps of Engineers, Asheville Regulatory Field Office,
151 Patton Avenue, Room 208, Asheville, NC 28801-5006, telephone [phone].
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