Public Notice


Published Oct. 3, 2014
Expiration date: 11/3/2014

DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.

Issue Date: October 3, 2014

Comment Deadline: November 3, 2014

Corps Action ID Number: SAW-2008-03216

The Wilmington District, Corps of Engineers (Corps) received an application from John Wieland Homes seeking Department of the Army authorization to impact 1,007 linear feet of stream and 0.313 acre of wetland, associated with the development of Phase II of a single-residential subdivision called Olmsted in Mecklenburg County, North Carolina.

Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at


Mr. Andrew McCoy

John Wieland Homes

8325-D Arrowridge Blvd

Charlotte, North Carolina 28273

AGENT (if applicable):

Mr. Gregg Antemann

Carolina Wetland Services, Inc.

550 E Westinghouse Blvd

Charlotte, North Carolina 28273


The Corps evaluates this application and decides whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of the following Statutory Authorities:

X - Section 404 of the Clean Water Act (33 U.S.C. 1344)

   - Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

   - Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33

U.S.C. 1413)


Directions to Site: The site is located north of the terminus of Balcony Bridge Road, in Huntersville, Mecklenburg County, North Carolina. This site is located in the Rocky River Watershed of the Upper Pee Dee River Basin (8-Digit Cataloging Unit 03040105). From Interstate 485, drive north on NC Hwy115 (Old Statesville Road) for approximately 0.5 miles.

Turn right on Eastfield Road and drive for approximately 2.6 miles. Take a left onto Long Common Parkway and drive for 0.6 mile. Take a right onto Balcony Bridge Road and the project area is located immediately north of its terminus (See Figure 1, 2 & 4)

Project Area (acres): 292                                 Nearest Town: Huntersville

Nearest Waterway: Ferrelltown Creek             River Basin: Upper Pee Dee

Latitude and Longitude: 35.391817N, 80.795877W

Existing Site Conditions

The project area is wooded with adjacent residential developments and utility line right-of-ways. Dominant vegetation within the project area consists of ironwood (Carpinus caroliniana), tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), Eastern red cedar (Juniperus virginiana), red elm (Ulmus rubra), red maple (Acer rubrum), Virginia creeper (Parthenocissus quinquefolia), Japanese honeysuckle (Lonicera japonica), false nettle (Boehmeria cylindrical), Chinese privet (Ligustrum sinense), bedstraw (Galium sp.) and various sedges (Carex spp.).

According to the Mecklenburg County Soil Survey (see Figure 4), on-site soils consist of Cecil sandy clay loam, 8-15 percent slopes, moderately eroded (CeD2), Enon sandy loam, 2-8 percent slopes (EnB), Monocan loam, 0-2 percent slopes, frequently flooded (MO), Wilkes loam 4-8 percent slopes, 8-15 percent slopes, and 15-25 percent slopes (WkB, WkD, and WkE, respectively).

On-site Cecil, Enon, and Wilkes soil units are well drained soils. Monocan loam, 0-2 percent slopes, frequently flooded (MO) is somewhat poorly drained and is listed in the North Carolina Hydric Soils List for Mecklenburg County as having hydric inclusions. Monocan loam, 0-2 percent slopes, frequently flooded (MO) is also listed as partially hydric on the National Hydric Soils List.

The project area contains several jurisdictional waters of the U.S. to include stream channels and wetlands. These on-site jurisdictional features were delineated by CWS on January 24-28, 2005 and verified by Ms. Amanda Jones of the USACE on March 15, 2006 (SAW-2005-31604). The site was reinvestigated by CSW in 2008 and re-verified by the USACE in association with a Nationwide Permit 29 issued in April of 2008 (SAW-2008-01130). On November 19, 2013, CWS reinvestigated the site and felt there were no changes to the limits of jurisdiction of on-site waters. On July 29, 2014, Mr. Steve Kichefski of USACE field reviewed on-site jurisdictional features in the locations of proposed impacts. The applicant’s summary of Phase II jurisdictional Waters of the US are listed in Table 1 below.

Table 1. Summary of On-Site Jurisdictional Waters of the U.S.

Jurisdictional Feature

 Classification Approximat Length (lf)

Stream A

Perennial RPW (SCP1)


Stream F

Seasonal RPW


Stream G

Seasonal RPW


Stream H

Seasonal RPW


Stream J

Seasonal RPW



Stream K

Seasonal RPW (SCP2)


Stream L

Seasonal RPW


Stream M

Seasonal RPW (SCP3)


Stream N

Seasonal RPW


Stream O

Seasonal RPW (SCP4)


Stream P

Perennial RPW (SCP5)


Seasonal RPW


Stream Q

Seasonal RPW


Stream R

Seasonal RPW


Stream S

Seasonal RPW (SCP6)


Stream T

Seasonal RPW (SCP7)


Perennial RPW


Stream U

Seasonal RPW


Stream V

Seasonal RPW


Stream W

Seasonal RPW


Stream X

Seasonal RPW


Stream Y

Seasonal RPW


Seasonal RPW


9,804 lf

Perennial RPW


6,107 lf

Stream Total


15,911 lf

Jurisdictional Feature

 Classification Classification

Approximate Acreage(ac)

Wetland AA

Directly abutting RPW (DP3)


Wetland BB

Directly abutting RPW


Wetland CC

Directly abutting RPW


Wetland DD

Directly abutting RPW (DP1)


Wetland FF

Directly abutting RPW


Wetland GG

Directly abutting RPW (DP2, DP4)


Wetland LL

Directly abutting RPW


Wetland MM

Directly abutting RPW


Pond A

Impoundment of Stream A


Wetland Total


5.7 ac

Pond Total


10.53 ac

Applicant’s Stated Purpose

The purpose of this sumbittal is to construct the final phase of the Olmsted Subdivision, Phase II. Phase II will develop approximately 292 acres of wooded area into a residential subdivision to provide single-family housing to meet the growth and demand of an area of Mecklenburg County that is experiencing significant population growth.

Project Description

According to the applicant, the currently proposed site plan (see Figure 5) was developed as a result of the applicant’s alternative analysis and avoidance and minimization process. They felt that the impacts and crossing locations were constrained by the existing road layout from Phase I as well as the natural site topography and existing natural resources. The Olmsted Phase II proposed impacts to jurisdictional waters include 1,007 linear feet of stream and 0.313 acre of wetland. Impacts to on-site seasonal stream channels total 707 linear feet and most are the result of culverts and rip rap aprons associated with roadway crossings 1, 3, 4, and 10. Impacts to on- site perennial stream channels total 300 linear feet and are the result of the installation of culverts and rip rap aprons associated with crossings 6 and 7. Permanent impacts to jurisdictional wetlands total 0.313 acre and are the result of the placement of fill for road crossings, building pads and the conversion of forested wetlands to maintained herbaceous wetlands in utility easements. Proposed impacts are summarized in Table 2 below.

Table 2. Phase II Proposed Impacts to Jurisdictional Waters

(See PDF File page 4 for Table 2) 

Avoidance and Minimization

The applicant provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Road and utility crossings of jurisdictional waters of the U.S. were avoided and/or combined wherever possible in order to reduce impacts. Road crossings have been reduced to the minimum number necessary to meet local planning ordinances requiring appropriate emergency disturbances to jurisdictional waters of the United States. Additionally, a bottomless culvert will be implemented on one road crossing in order to reduce impacts to Perennial RWP Stream A. According to the applicant, a bottomless culvert was utilized despite the considerable expense involved, due to the high quality of this stream.

Retaining walls are used at headwalls and endwalls to minimize the length of culvert required for each crossing. In addition, the required amount of rip rap was limited to the maximum extent practicable and within specification of local ordinances. The temporary construction easement for the sanitary sewer will be limited to 15 feet in width through wetlands. Proper sediment and erosion control measures will be applied to minimize disturbances to downstream waters.

Compensatory Mitigation

The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant is proposing to offset impacts associated with this project by making payment into the North Carolina Ecosystem Enhancement (NCEEP) In Lieu Fee Program according to the ratios listed in the following table. NCEEP has agreed to accept this mitigation by letter dated August 26, 2014 in the Yadkin Basin (HUC 03040105).

Table 3. Total Proposed Mitigation


Rapanos Classification


Status of Impacts

Impacts (acre)



Mitigation Required

Seasonal RPW Completed -- 470


Seasonal RPW with Low Aquatic Function (Stream T)

Proposed -- 228 None
Seasonal RPW Proposed -- 464

Yes (1:1)

464 credits

Perennial RPW Proposed -- 300

Yes (2:1)

600 credits

Directly Abutting Wetlands



Proposed 0.313 --

Yes (2:1)

0.626 credits

Total Required Stream Mitigation

1,064 linear feet

Total Required Wetland Mitigation

0.626 acre


Essential Fish Habitat

Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps’ initial determination is that the proposed project would not effect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service.

Cultural Resources

Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

X - No historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO (or THPO).

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-indentified permit area.

Endangered Species

Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information:

X - The Corps determines that the proposed project would not affect federally listed endangered or threatened species or their formally designated critical habitat.

Other Required Authorizations

The Corps forwards this notice and all applicable application materials to the appropriate State agencies for review.

North Carolina Division of Water Resources (NCDWR)

The Corps will generally not make a final permit decision until the NCDWR issues, denies, or waives the state Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice, combined with the appropriate application fee, at the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a 401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this request for certification within sixty days of receipt of a complete application. Additional information regarding the 401 Certification may be reviewed at the NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for a 401 Certification should do so, in writing, by November 3, 2014 to:

NCDWR Central Office

Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit

(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617


(Physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604

North Carolina Division of Coastal Management (NCDCM):

   - The application did not include a certification that the proposed work complies with and would be conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2) the Corps cannot issue a Department of Army (DA) permit for the proposed work until the applicant submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant’s consistency certification. As the application did not include the consistency certification, the Corps requests, via this Public Notice, concurrence or objection from the NCDCM.

X - Based upon all available information, the Corps determines that this application for a Department of Army (DA) permit does not involve an activity which would affect the coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453).


The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency’s 404(b)(1) guidelines.

Commenting Information

The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials, including any consolidated State Viewpoint or written position of the Governor; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

The Corps of Engineers, Wilmington District will receive written comments pertinent to the proposed work, as outlined above, until 5pm, November 3, 2014. Comments should be submitted to Mr. Steve Kichefski, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006, at (828) 271-7980.

DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.