19970020 Ver 1_COMPLETE FILE_19971104

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
C) EHNR
January 21, 1997
Union County
DWQ Project # 970020
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Mike Rackley
Marvin Development Group, LLC
1312 Matthews-Mint Hill Road
Matthews, NC 28105
Dear Mr. Rackley:
You have our approval to place fill material 0.50 acres of wetlands or waters for the purpose of
developing a residential and golf course community at SR 1312, as you described in your application dated 14
January 1997. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 2671. 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 except as
modified below. 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 and any additional conditions listed
below. Stormwater from the golf course shall be directed so as not to flow directly into streams. Deed
restrictions or conservation easements shall be added to all remaining wetlands to prevent future fill. In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations. 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.
Howard, Jr. P
Attachment U v
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dom ey#
Central Files
Kevin Martin; Soil and Environmental Consultants 970020.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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FAOS1MILE SHEET
FAXN0, (91,9) 846-9467
DATE: L )I15- q ?1
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FROM: SUBJECT:
T'he following items are being faxed. Number of pages including transmittal sheet:.
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Soil nviromneuta l Consultants, Inc.
244 West M91brook Road ¦ Raleigh, North Carolina 27649 N (919) 846-590o w Fax [phone]
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North Carolina Department of Environment,
Health, and Natural Resources
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Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
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January 14, 1997
Via US Overnight
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US Army Corps of Engineers - Regulatory US Army Corps of Engineers
Attn: Mr. Steve Lund Attn: Mr. Robert Riggs
151 Patton Avenue
Room 143
Asheville, NC 28801-5006
334 Meeting Street
Charleston, SC 29402
Dear Mr. Lund and Mr. Riggs:
The purpose of this letter is to revise our use of a Nationwide Permit 26 for the
project known as Marvin Development Group II, LLC. The project located near
Marvin, NC (Union County). The site is shown on the attached plans and USGS
Topo Quad vicinity map. On December 20, 1996, I notified you of our client's
intention to impact 0.32 acres in NC and 0.65 in SC. Detailed surveying and site
plan changes have resulted in changes of impact locations and sizes.
Use of a Nationwide Permit 26 will be necessary to impact 0.90 acres (see map)
of jurisdictional waters and wetlands above headwaters for the construction of
the proposed project. Project construction will be under contract on or before..
1/20/97 and, therefore, will have "commenced".
The lakes that are proposed will offer some increased wetland functional values
in comparison the existing on-site jurisdictional areas. The proposed lakes will
be capable of holding more stormflow and will better allow for suspended solids
to settle out. In light of the proposed development of the watershed, an
increased stormwater flow holding time will assist in maintaining water quality
downstream. Several acres of wetland and waters will be inadvertently created
when the lakes are constructed. Road and lot impacts are designed to minimize
wetland impacts to the greatest extent practicable. High value wetlands adjacent
to Six Mile Creek have been avoided.
Wetland impacts are to wet seepage areas at the toe of the slope and to
unvegetated channels. Impacts in. NC total 0.5 acres while impacts in SC total 0.4
acres.
Sail/Site Evaluation ¦ Mapping :ind Physical Analysis ®Wetlands Mapping and Mitigation W I:nvir<>n.mental Audii?
on-Site wistc 'Treatment Systems, Evadwitiort and Design

The subsequent conversion of the headwaters of the lake and some margins of
the lake to wetlands will more than off-set adverse impacts to vegetated
wetlands.
The attached conceptual plan contains information regarding the sizes of
channels and wetlands that are to be impacted.
We realize notification for impacts above headwaters less than 1 acre is not
required under current criteria but have chosen to do so as a professional
courtesy and for your records.
Sincerely,

Kevin C. Martin
President
Owner:
Marvin Development Group II, LLC
Attn: Mr. Mike Rackley
1312 Matthews-Mint Hill Road
Matthews, NC 28105
[phone]
cc: John Dorney, NCDWQ
Additional general information is provided in the attached letter from Harris
Engineering.
KCM/mag

DEM ID:
26
Nationwide Permit Requested (Provide Nationwide Permit #):
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven.(7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owner's Name: Marvin Development Group II, LLC
2. Mailing Address: Attn: Mr. Mike Rackley
-P.© , Pox ?'i?;
1312 Matthews-Mint Hill Road Subdivision Name: Firethorne
City:
Matthews
Corps Action ID:
State: NC
,D8 IC LO
Zip Code: 28105
Project location address, including subdivision name (if different from mailing address
above): South of Six Mile .Creek West of Marvin Road (SR 1312), North of Newtown
Road
3) Telephone Number (Home):
(Work): [phone]
4) If applicable, agent' s name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: [phone]
244 W. Millbrook Road
Raleiah. NC 27609
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Union County, NC Nearest town or city: Marvin
Specific Location (include road numbers, landmarks, etc.):
See Item 2 above and the attached vicinity map
6. Impacted or nearest stream/ river: Six Mile Creek
River Basin: Catawba
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
M? YES ( ) NO (X) If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ( ) NO (X)
7c.
If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation?
8a. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO ( X ) If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
8b.
Are additional permit requests expected for this property in the future?
YES ( ) NO ( X ) If yes, describe anticipated work:

Unless utility lines require permits
9a. Estimated total number of acres in tract of land: t350 acres
9b. Estimated total number or acres of wetlands located on project site:
Unknown but more than 10

10a. Number of acres of wetlands impacted by the proposed project (in NC) by:
Filling: 0.30
Flooding:
Drainage: 0.20
Excavation:
Other:
Total acres to be impacted:
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation): NA (not relocated)
Length before:
ft After:
ft
Width Before (based on normal high water contours): ft
Width After:
ft
Average depth before:
ft After:
ft
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: Placement of pipe in channel: X
Channel Excavation: Construction of a Dam/Flooding: X
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? See attached sketch for each pond area, all are less than 150 acres
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 8 1/2" x 11" drawings only):
Typical construction practices to be utilized (see attached site plan)

13. Purpose of proposed work: Allow construction of a golf course residential
community
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
High value wetlands (e.g. those along Six Mile Creek) have been avioded.
See attached letter from S&EC.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed for listing endangered or
threatened species or critical habitat in the permit area that may be affected by the
proposed project. Date contacted: (attach responses from these agencies).
NA <1 acre
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
NA <1 acre
17. Does the project involve an expenditure of public funds or the use of public" (state)
land?
YES ( ) NO (X) If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ( ) NO ( )
b. If yes, has the document been reviewed through the North Carolina
Department of Administration Stat Clearinghouse?
YES ( ) NO ( )
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
r
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All
streams (intermittent and permanent) on the property must be shown on the
map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or
their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant
to the placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? Residential, rural undeveloped
f. If applicable, what is proposed method of sewage disposal?
Municipal
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
C ?a 1 j
I li ? ?{ a"N \
Owner Agent' Signature
_J
Date
(Agent' s signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
FAX TRANSNUTTAL
TO: Kevin Martin, S & EC, Inc. FE
Fax # [phone]
No. of pages (including cover sheet)
FROM: Wayne Harri HARRIS ENGINEERING
Engineering
DATE: 1/14/97 V)?,J Planning - Surveying
RE: Firethorne Golf Club - Revised Wetland Impact Map
HE Job No. H1896
Per our phone conversation, we have revised the subject map and are transmitting excerpts of
same for your use. The revisions are summarized as follows:
Added Impact Area #16 (road crossing) which was omitted on the previous plan.
2. Revised Impact Areas #1 and #2 to insure that the proposed pond construction can be
performed as indicated.
3. Revised Summary Table per items 1 and 2 above.
4. Labeled the 100 Year Flood Line along the Six Mile Creek area to avoid confusion with
the wetland delineation line.
As we discussed, this plan only shows the proposed impact areas and does not reflect all
delineation lines which we have located. For those wetland areas that are not shown as effected,
we are not proposing any impact. Wetland areas that are in the line-of-play for the golf course
will either be left undisturbed or will be hand cleared. Examples of these situations are creeks
thru Holes #5 and #13, and the wet area in front of the #6 tee. I am meeting this afternoon with
the golf course architect, Tom Jackson, to review the wetland map and proposed impact areas
so that he can finalize any necessary course revisions to insure that impacts are no greater than
shown on the subject plan.
I will forward the Wetland Delineation Map to you in the near future pending completion of all
mapping and will enclose copies for you to forward to Steve Lund. Please give me a call if you
have any questions or require additional information.
XC: Steve Lund w/ encls. @ 704-271-4858
Please call Hams Engineering at 704-3341325 if you do not receive all pages as noted.
1325 Harding Place
Charlotte, 228204
704.334.1325
704.334.1330 rax
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January 13, 1997
Mr. Kevin Martin
Soil & Environmental Consultants, Inc.
244 West Millbrook Road
Raleigh, NC 27609
Re: Firethorne Golf Club
HE Job No. H1896
Dear Kevin:
if:
HARRIS ENGINEERING
Engineering
Planning - Sun'cving
Please find enclosed the revised Proposed Wetland Impact Map for the subject project. We have
revised this plan per your comments and discussions with the developer and the golf course
architect. Due to comments that we had previously received from the local Planning Staff, we
have retained the street crossing at Lots 61/87 in order to maintain internal street connections
as they requested. By placing the street at this location, we only cross this area one time which
also serves as the utility corridor, therefore, minimizing further adverse impacts.
Please give me a call if you have any questions or require additional information.
Best regards,
HARRIS ENGINEERI G
Wayne . Hams. P.E.
President
WMH/jc
H1896\inartin.1tr
xc: Steve Lund w/ encls.
Mike Rackley w/ encls.
L: 25I Emiing
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