19970141 Ver 1_COMPLETE FILE_19960218

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Kendall Foster
Ridgeline Development Corp.
4500 Cameron Valley Pky.
Suite 350
Charlotte, NC 28211
Dear Mr. Foster.
IF
IT?IW
ED F-= F10
March 4, 1997
Mecklenburg County
DWQ Project # 970141
You have our approval, in accordance with the attached conditions, to place fill material in 0.27 acres of
wetlands or waters for the purpose of constructing the Claybrooke subdivision (Galloway Road subdivision),
as you described in your application dated 12 February 1997. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3108. This certification
allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
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 and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
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 which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919-733-1786.
Sincerely,
1
ton Howar , Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
Taney Browder, Burnell Associates
970141.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper

401 ISSUED
TRANSMITTAL LETTER
BURNELL ASSOCUTES
1300 East 4th Street, Suite 302
Charlotte, NC 28204-2231
7041375-9638 [phone]
To: DIVISION OF WATER QUALITYIENV. SCIENCE BRANCH
attn: John Dorney
4401 Reedy Creek Rd
Raleigh, N. C 27607
[phone]
Job Re: Claybrooke Subdivision(aka Galloway Rd Sub.)Mecklenburg Co.
Galloway Rd (South side) & Garrison Rd
Section 404(Clean WaterAct,33 U.S.C. 1344) Documentation
+9
Per our phone conversation this morning regarding the referenced project, I am writing this letter
to obtain documentation from your office that we have made contact and the proposed work does not
require further input from your office.
Per the attached US Army Corp of Engineers General Permit, the proposed disturbed area is less
that 1/3 of an acre, but the proposed length of channel to be disturbed is in the order of 120-ft, not 150 as
stated. This is due to proposed road crossing only (50-ft ROW).
If you have any questions or need further information, please contact our office. Thanks for your
assistance in providing this Owner requested documentation.
Signed.
Taney O. Browder, P.E.
Date: Feb. 12, 1997
91
cc- trnfile
file
Ridgeline Dev. Corp.
J.S. ARMY CORPS OF'ENGINEERS
WILMINGTON DISTRICT`;
Action Id. 12 ?/ % G l 1 % County /r1 L(-' ,'d. t /J)- L' )U
GIENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner 17 L V 61-C P Al L;ti T- CC, r, 1`' c AA M C
Address A 7 ]""/? X'E,ti D /t ? ?C ? L f C G (.A /q.
75
Telephone. No. -7 b 36, :?. -- j C; 6, j
Size and Location of project (water body, road name/number, town,:etc.)
A P Vic: F c 5 D R,5- S r 1>_
i A. 4L/?Q D e-
/?nj tls.?;,,?1i???C1? i ,?(?.?;r;'i?.j,. jV
4
Description of Activity r =Y LL ?} "`"C `'i L G D 7 A C-A L.S '6
??'r .)'kra t. ?G
Applicable Law- Section 404. (Clean Water Act, 33 U.S.C. 1344)..
(check all that apply) Section 10 (River and Harbor tact of 1899).
Authorization: Regional General Permit Number.
Nationwide Permit Number:
?. ?.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in. strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also. receive a Section 401 water
quality certification. from the N.C. Division of Environmental Management, telephone (919) 733=1786. For-any
activity within the.twenty coastal counties, before beginning work you must contact the N.C.'Division of Coastal
Management,. telephone {919) 733-2293.
Please read and carefully comply with th-e attached conditions'of the RGP or NWR Any`violation of the' conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This. Department of the Army RGP or NWP verification does not relieve the permittee ofthe responsibility to obtain
any other required Federal, State, or local approvals/permits., The permittee,may need,to cQntactappTopriat?. State _
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date 1,7--o-3-q6
Corps-Regulatory Official Telephone No. 7c S Z71 #-55 7
Expiration Date of Verification I I Z/ L9
SURVEY PLATS, FIELD SKETCH, WETLAND. DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Forth 591
Revised July 1995
x :
GENERAL CONDITIONS
I., Navigation. No activity may cause more than a rhinimal adverse effect on navigation. µ
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public
safety. .
3. Erosion and Siltation.'Controls. Appropriate erosion and siltation controls must pe used and maintained ineffective
,
operating
practicable date. durin9construction, and all exposed soil and other fills must be permanently, stabilized at the earliest
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic-life indigenous
to the waterbody, including; those species: which normally migrate through the area; unless ihe activity's primary purpose is to
impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must betaken to minimize.
soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which-may have been
added by the Division Engineer and any case specific conditions added by the Corps,:
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a
river officially designated by Congress as a "study river" for. possible inclusion in the. system, while the river is in an official
study status. Information on Wild and Scenic Rivers may be. obtained from the National Park Service and the U.S. Forest
Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water
rights and treaty fishing and hunting rights.
9. Water Quality Certification, In, certain states; an individual state water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence :•
must be obtained or waived.'
11. Endangered Species. No activity is authorized under,any NWP which is like',lyto,jeopardize the continued existence of
a threatened or endangered species or a species proposed for such- designation, as identified under the, Federal Endangered
Species. Act, or which is likely to destroy or adversely. modify the critical-habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall
not begin work on the activity until..notified by the District Engineer that the requirements oftbe Endangered Species Act have
been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be
obtained from the U.S. Fish a:nd Wildlife Service and National.Madrib Fisheries Service:
12. Historic Properties. No. activity which may affect Historic Properties listed, or eligible for listing, in the National Register
of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The
prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National
Register of Historic Palaces, and shall not. begin the activity until notified by the District Engineer that the requirements of the:
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and .
existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic
Places (see 33 CFR 330.4(g)).
13: Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake .,
except where the discharge isrepair of the public water supply intake structures or adjacent bank stabilization.
i4. Shellfish Production. No: discharge of dredged or fill material may occur in area"s'of concentrated' shellfish production, ,
unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit
15. Suitable Material No discharge of dredged or fill material. may consist of unsuitable material (e.g., trash, debris, car
bodies,, etc.) and material discharged. must be free from toxic, pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the
maximum extent practicable at the project site {i:e.; ori-site), unless the District Engineer has approved, a compensation
mitigation plan for the specific ,regulated activity. m
17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent
practicable.
18. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede`
the passage of normal or expected high flows or cause the relocation of the.water (unless the. primary purpose.ofi.the fill is to,
impound waters).
19, Adverse Impacts from. Impoundments. If the discharge.creates an impoundment of water, adverse impacts on the
aquaticsystem caused by the accelerated:passage of water and/or the restriction of its flow shall be minimized to the maximum
extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum
extent practicable.
21. Removal of Temporary. Fills. Any temporary fills must be removed in their. entirety and the affected areas returned to
their preexisting elevation.