DEPARTMENT OF THE ARMY SAVANNAH DISTRICT, CORPS OF ENGINEERS 1590 ADAMSON PARKWAY, SUITE 200 MORROW, GEORGIA n

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1 REPLY TO ATTENTON OF DEPARTMENT OF THE ARMY SAVANNAH DSTRCT, CORPS OF ENGNEERS 159 ADAMSON PARKWAY, SUTE 2 MORROW, GEORGA n Regulatory Division SAS PUBLC NOTCE Savannah District The Savannah District has received a request from CFN (-2), nc., to extinguish a restrictive covenant on a.83-acre portion ofthe 97. acres of property that is protected by a perpetual restrictive covenant. The property is located approximately a half-mile east ofturner Hill Road, south of lnterstate-2 along Honey Creek and two of its tributaries within The Parks at Stonecrest mixed-use development in DeKalb County, Georgia. Permit Number: SAS Permittee: Ms. Sarah Kendall CFN (-2), nc. 1 Galleria Parkway, SE, Suite 15 Atlanta, Georgia 3339 Current Proposal: DeKalb County is proposing the Stonecrest Sanitary Sewer mprovement project, permit number SAS , that consists ofconstruction of two new sewer pump stations, approximately 9,7 linear feet ofsewer force main, and approximately 15,4 linear feet of gravi ty sewer main. This project is necessary to meet sewer capacity requirements in southeast DeKalb County, and to comply with a current consent agreement with the US Environmental Protection Agency to improve DeKalb County sewers to reduce inflow and infiltration, and eliminate sanitary sewer overflows. A portion of the Stonecrest Sanitary Sewer mprovement project will be within the area of the restrictive covenant for The Parks at Stonecrest (RC). DeKalb County's work will consist of removing the existing 18-inch and 3-inch reinforced concrete pipe gravity sewer and replacing it with new 36-inch and 42-inch ductile iron pipe gravity sewer. The new sewer will follow the alignment of the existing sewer within the RC except where the existing sewer is submerged in a permanently f1ooded wetland system contained within the RC. At the ponded wetland system, the new sewer will traverse approximately 25 feet of the upland riparian buffer in the RC to an alignment outside ofthe ponded wetland and RC. This deviation from the existing easement is necessary to prevent extensive damage to the ponded wetland and allow for future maintenance ofthe sewer. The sewer left in the ponded wetland system will be capped at both ends.

2 Within the RC, there is an existing 1 -foot wide sewer easement. The new sewer will require a permanent easement of2 feet in width (5 feet on each side ofthe existing 1-foot easement) to accommodate future operation and maintenance activities. Because ofthe size ofthe new sewer pipes and the depth they will be installed, large excavation equipment will have to be utilized. Therefore, a temporary 3-foot construction easement (15 feet each side) will be required to bring in materials such as pipe and select backfill material; and to provide bypass pumping during removal ofthe old sewer pipe and unsuitable backfill material; and installation ofthe new larger pipes. Upon completion ofthis work, all disturbed areas will be returned to pre-construction conditions; the 3-foot temporary easement area will be replanted with grasses, shrubs, and trees as appropriate; and the 2-foot permanent easement will be grassed. The new sewer easement will consist ofapproximately 2,4 linear feet ofsewer within the RC for a total of.4 acre ofexisting 1 -foot wide easement, 1.1 acres ofnew easement (5 feet on each side ofthe existing easement), and 1.7 acres oftemporary construction easement. About 25 feet ofsewer will deviate from the current sewer alignment; DeKalb County will abandon approximately 1,2 feet/.28 acre ofexisting easement within the RC area. DeKalb County will compensate for impacts within the RC by purchasing mitigation credits from an approved mitigation bank in the Upper Ocmulgee River Basin for the additional 1 feet ofpermanent easement at a ratio of2:1 mitigation credits (514.3 stream credits for 131 linear feet ofstream impacts and 6.3 wetland credits for impacts to 1.1 acres ofupland buffer and.4 acre ofwetland) and for the 3 feet oftemporary construction easement at a ratio of 1:1 mitigation credits (3.2 wetland credits for impacts tol.7 acres ofupland buffer). Adverse impacts to streams and wetlands in the restrictive covenant for The Parks at Stonecrest will require DeKalb County to transfer stream credits for 131 linear feet of stream and 3:6 wetland credits for 3.2 acres ofwetland/upland buffer impacts from SAS to SAS , and purchase 5.5 wetland credits for SAS from an.approved mitigation bank in the Upper Ocmulgee River Basin. For impacts within the restrictive covenant for The Parks at Stonecrest, a ten percent reduction in mitigation credits purchased within a 12-digit HUC will not be allowed. For permit number SAS , DeKalb County purchased 1, stream credits from the Honey Creek Mitigation Bank on December 16, 211, and 3.6 wetland credits from the Monastery Mitigation Bank on January 5, 212. The DeKalb County Stonecrest Sanitary Sewer mprovement project has been assigned Department ofthe Army permit number SAS This sewer project would qualify for a Nationwide Permit No. (12), Utility Line Activities, under our Nationwide Permit Program published in the February 21, 212, Federal Register, Vol. 77, No. 24, Pages ( Permits.html). SAS

3 Background: CFN (1-2), nc., and Stonecrest Atlanta, LLC (CFN), were issued a standard individual Department ofthe Army permit SAS on August 16, 25, for The Parks at Stonecrest. The permit authorized CFN to impact 2.9 acres ofwetlands and 1,779linear feet ofstreams to construct a mixed-use commerciavretail and residential development on a 7-acre tract ofland near the Mall ofstonecrest in DeKalb and Rockdale Counties, Georgia. Conditions in the issued permit required CFN to record arc on acre open/green space area along Honey Creek created as mitigation for the Mall of Stonecrest, permit number 74 OYN 6948, and to purchase 2,853.7 stream credits as compensatory mitigation for the wetland and stream impacts. On February 16, 26, CFN purchased 2,854 stream credits from the Monastery ofthe Holy Ghost Mitigation Bank. The 97.1-acre on-site compensatory mitigation area is a portion ofthe Mall at Stonecrest and the ±7-acre Parks at Stonecrest properties that were developed by CFN. An approximately 5,6-foot long X 1-foot wide sanitary sewer easement was granted to DeKalb County to maintain a gravity sewer within the 97.1-acre restrictive covenant area between Honey Creek Court and DeKalb County's Honey Creek pump station on Rockland Road in southeast DeKalb County. The 97.1-acre on-site compensatory mitigation for The Parks at Stonecrest includes preservation of acres offloodplain/wetlands within the floodplain ofhoney Creek; preservation ofriparian buffer along 1,4llinear feet ofhoney Creek; preservation ofriparian buffer along 1,57 linear feet ofstream 9; preservation ofriparian buffer along 46 linear feet of Stream 1; and stream restoration along approximately 745linear feet ofstream 1, ofwhich the upper 14 linear feet are non-credit generating. US ARMY CORPS OF ENGNEERS This Public Notice announces a request for authorization from the US Army Corps of Engineers to modify the restrictive covenant for Department ofthe Army permit number SAS , The Parks at Stonecrest. DeKalb County's proposed sewer work may require state and/or local governmental approval. Consideration ofpublic Comments: The US Army Corps ofengineers is soliciting comments from the public; federal, state, and local agencies and officials; Native American Tribes; and other interested parties in order to consider and evaluate the impacts and/or concerns of modifying the existing on-site mitigation area restrictive covenant for The Parks at Stonecrest to increase the size ofa sewer easement. Any comments received will be considered by the US Army Corps ofengineers to determine whether to modify the existing restrictive covenant and to determine the overall public interest ofthe proposed activity. SAS

4 Comment Period: Anyone wishing to comment on this proposal should submit comments in writing to the Ms. Mary Dills, US Army Corps ofengineers, Savannah District, 159 Adamson Parkway, Suite 2, Morrow, Georgia , no later than 15 days from the date ofthis notice. Please refer to the applicant's name (CFN (-2), nc.) and the permit number (SAS ) in your comments. f you have any further questions concerning this matter, please contact Ms. Mary Dills, Project Manager, Piedmont Branch, at (678) Enclosures 1. Figure 1: Site Location Map 2. Figure 2: Site Topographic Map 3. Figure 4, Sheet 1: On-Site Mitigation Area with Sewer 4. Figure 4, Sheet 2: Sewer Within On-Site Mitigation Area 5. Figures 1 & 2: Stonecrest Sanitary Sewer System mprovements 6. Figures 3 & 4: Stonecrest Sanitary Sewer System mprovements 7. Purchase of 1, Stream Credits 8. Purchase of3.6 Wetland Credits SAS

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6 y=-sologlcal Cadillac Fairview The Parks at Stonecrest t.solutfons~ Site Topographic Map Fig ure 2

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9 RfSTRCllV!: COVtNANT BOUNDARY Pf<OrOSEO AJOTONAL EAS~ M: N T -. 1.ACRF.S HON!'Y CRhK PS , - -- FGURE! The Parks at Stonecrest Sewer Within On-Site Mitigation Area \.....\ <)]!. --t,-.:. : :. -\ \...\... : ~ txist. S[WfJ< r A5EM NT PROO'O: ;>o AOO QML CASD tnt O.OJ ACHL.$ (PO \CRr S \ ;-..._..... _ - LXJST. SfWfR t:as(min1.11 ACRF5. PRO"O!'>'fl All111NAL CA~EM CN f -.2 ACHES R $TRCT\o CO\ot:NANT floljnoar Y / flgurf ~ SAS Encl 5: Stonecrest Sanitary Sewer System mprovements

10 r---~ ~----~---~ EXST. Sfi'ER c.asement -.8 1\CRl$ PROPOSEll ADDTONAL f.asemt.n -.:12 ACRES d,,. iii RESRCTVE COVENANT OOUN!lARY Sl;;lo,t:R f'a SEM[N1-- 5 ACRES f'roposeo A O)tTtONA.l EASEMENT - 1),5 ACR~!; / ~----~----~ ~ "--F.:._ GU.:._ Rf:..:J i The Parks at Stonecrest Sewer Within On-Site Mitigation Area :. --- EXlS ', S~.WER EASEMENT.9 A CRE'S... PROPOSED AOOTONAL EASEMENT -.6 A<'.RCS / SAS Encl6: Stonecrest S anitary Sewer System mprovements

11 MTGATON CREDT SALES, LLC December 28, 211 Ed Johnson U.S. Army Corps of Engineers, Savannah Regulatory Division, Piedmont Branch 159 Adamson Parkway, Suite 2 Morrow, Georgia Subject: Required Credit Sale Statement Dear Mr. Johnson n accordance with the Savannah District's instructions for reporting credit sales, we are providing the following to document a mitigation bank credit sale: Date ofsale Permitee USACE File No. Permitee County Watershed of mpact Stream Credits Sold Wetland Credits Sold Project within Service Area of Bank mpacts meet Sales Restrictions on Bank Mitigation Bank,...: Please contact me with any questions. Also, enclosed is a sales ledger for the Mitigation Bank tl) Sincerely, December 16, 211 SAS-2o1o-o12.11 DeKalb Cowrty DeKalb Ocmulgee HUC , Primary Yes Honey CreekMitigation Bank USACE File# D..Ci),:.: Matt Peevy u 5665 New Northside Drive NW, Suite 26 c: w Atlanta, GA 3328 CD CD (44) cc: Mr. Matt Peevy, Bank Sponsor 1 C) Mr. David Crosby, USACE Savannah District Regulatory Branch ~ Mr. Rudy Chen, DeKalb County V) <( V) 1 M... oi Ql... tl)o ~E U V... Ql ;:, q WW W.MTGAT1NCRFD1TS.COM

12 WET LANDS MANAGE MENT, NC Westside Way Suite 1 Alpharetta, Georgia 39 January 5, 212 (77) (678) (Fax) Mr. David E. Crosby U.S. Army Corps ofengineers Regulatory Division, Savannah District P.. Box 889 Savannah, Georgia Re: Wetland Credit Withdrawal from the Monastery Mitigation Bank Permit No. 964 Dear Mr. Crosby: n accordance with the Piedmont Branch's instructions for reporting credit sales, we are providing the following information: Date ofsale January 5, 212 Dept. ofthe Army File Number Permittee DeKalb County Stonecrest Sanitary Sewer mprovement County DeKalb County Type ofcredits Wetland Total Number ofcredits 3.6 Project within Service area ofbank Yes mpact Meets Sales Restrictions on Bank Yes have also enclosed a sales ledger for Wetland Technologies summarizing all credit releases and sales. Please contact me with any questions..). RJH:blc cc: Mr. Ed Johnson Enclosure

Savannah District. Regulatory Program. reg199.ppt 1

Savannah District. Regulatory Program. reg199.ppt 1 Regulatory Program reg199.ppt 1 U.S. U.S. ARMY ARMY CORPS CORPS OF OF ENGINEERS ENGINEERS SAVANNAH SAVANNAH DISTRICT DISTRICT IN-LIEU FEE MITIGATION PROGRAM reg199.ppt 2 2008 2008 MITIGATION MITIGATION