20000621 Ver 1_COMPLETE FILE_20000512

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Trep McMahon III
1 ? •
AWEN%
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 23, 2000
Mecklenburg County
DWQ Project # 000621
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
McMahon Development, Inc.
Post Office Box 31876
Charlotte. NC 28231
Dear Mr. McMahon:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.2 acres of wetlands
for the purpose of constructing the Thornton Oaks subdivision at Alexander Road near Shaftsbury Lane as described in your application dated
May 12. 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number
3288. This certification allows you to use Nationwide Permit Number 14 when the Corps of Engineers issues it. 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 Water shed regulations. This approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
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 the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to notify the state in order
to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this
letter or the issuance of the 404 Permit (whichever is later).
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 Domey at 919-733-9646.
Sin rely,
sevens
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
file copy
Central Files
Todd St. John
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer •
50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Thornton Oaks c/o McMahon Development
Project Number 00 0621
Recvd From APP
Received Date 5/12/00
Project Type subdivision
County Mecklenburg
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 6TH WT _0N F__ I1-137-9 F C -F-F30-,834 0.30
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q YO N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y QQ N Recommendation: Q Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 350704 Longitude (ddmmss) 804606
Comments:
There is a breached pond on the north end of the proper near Alexander Road that has become a-
-standing water wetland of black willow, rushes, and alligator weed. There is no flow into the area
and the out flow is tryjng to create a small wetland. The old pond area is about 50ft X 70ft. Since
there is no plan showing the entire property it is unknown what the plans are for this area.
The "stre am" is not a stream. It is a vegetated swale within some small stormwater channels that
receive r unoff from an adi ca ent ap rking lot. The marginal wetland created by the stormwater runoff
is about 0.2 acres.

Even wit h the nonded area, the total wetland impacts on the property will not exceed 1/3 acre.

Recvd By Region 5/24/2000
cc: Regional Office
Central Office Page Number 1

DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
000621
FOR NATIONWIDE PERMITS THAT REQUIRE: PAYMENT
1) NOTIFICATION TO THE CORPS OF ENGINEERS RECEIVED
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE N.C. DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE F
THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO
THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE
DD rkrr
1. OWNERS NAME: MGM-'0YoM Z2t"Lo?"CW 7'r _,rtlt,
2. MAILING ADDRESS: Pa. Fox. 3 I S? lP , C yAtLCl7t` e C, 2823.
SUBDIVISION NAME: TEbnA AJ 0011k.S
CITY: C!-f-A'Yt.t-V'rrV STATE: NC
ZIP CODE: ?gj ? -')'7
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): 4t4-?.09"14,OM r?0. 146120?S r2oM 6447"75#60/aYLoAlo
3. TELEPHONE NUMBER (HOME): (WORK): (704)'''''x.- 55'x(0
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: _ 71-9 C-W -'lc/VFY1*n,cB ?` u-7 _
_..y ? ?. sax, 3 (8*7 (o, Cl-ftqn, q, C. 2 g ?,3
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: = CI?CCZ.f C112(p GD, NEAREST TOWN OR CITY: CfFl*t-e_D'f -
MAY 1 2

SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
CNi-.lp cFmrSTi.t ?r??- c-tLt't_ oftrc°t"T??
01,2ee r.;f-Y fl?rtr?ss Sl-f?PS' Brs7l.`, c..t1, o?
".
Srz 3q-3 i
Vic.
6. IMPACTED OR NEAREST STRFAMIRIVER: A'(-??iu(t c6W
RIVER BASIN:
eh rA7.416 4--
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-II)? YES O NO g IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
AREA OF ENVIRONMENTAL CONCERN (AEC)? YES O NO A
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? X to
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES O NO IR IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES O NO X IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: ACRES
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0,o f ACRES
2

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 19?0D1 ACRES EXCAVATION:
FLOODING:
OTHER:
DRAINAGE: TOTAL ACRES TO BE 114PACTED: ?p7 ACRES
I Ob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: ? 45 FT. AFTER:
FT.
r
WIDTH BEFORE (based on normal high water contours): FT.
WIDTH AFTER: A-14 CV1PC-p? FT.
AVERAGE DEPTH BEFORE: 0? d FT. AFTER: FT.
(2) STREAM CHANNEL. IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING
OTHER:
IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND?
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%z" X I V DRAWINGS ONLY):
?,usT k`w S 3?0 `' ?rPC 2p, XleJ6 s
SEE ATTACHED SHEETS.
13. PURPOSE OF PROPOSED WORK: SU(j01yrS16 ./ (SIV6Lr r0jxqfc.Y
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
acs
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MAINE 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 T?RMIT AREA THAT MAY BE AFFECTED
BY THE PROPOSED PROJECT. DATE CONTACTED: ao ?SO To SctO w(DGSIPIro?(ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
-"GV~r To atp fteftwTo ?af.4 -ro s ca,ur;9cT ?',RPG?J? Pav+Lsxc. c? o c,
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 STATE CLEARINGHOUSE?
YES ? NOD
IF ANSWER 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.
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].
4
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 MUS 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 IlVIPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TOT.HE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORM WATER MANAGEMENT PLAN IF REOUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? 7Z05(, (F"7 tft-
, . IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Nf
9. 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.
1/uj"L Al U"ov-4?-=
OWNER'S/AGENT'S SIGNATURE TE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
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TRANSMITTAL LETTER
BURNELL ASSOCIATE'S
1300 East 4th Street, Suite 302
Charlotte, NC 28204-2231
704/375-9638 (fax [phone])
PAYMENT
RECEIVED
Date: May 11, 2000
000621
To: N.C. Dep. of ENVIRONMENT, & NATURAL RESOURCES
DIVISION OF WATER QUALITY
attn: John Dornay Mailed 5111100
4401 Reedy Creek Rd. P.O. Box 29535
Raleigh, N.C. 27607 Raleigh, NC 27626-0535
919/733-1786 ((fax)919-733-9959)
Re: Thornton Oaks Subdivision - Alexander Rd., Charlotte, N.C.
NCDENR 401 Certification Application
Attached for your use in approval of the proposed work are:
1. 7 copies of the Pre-Construction Notification Application, which includes a USGS map of the area and a
copy of the subdivision grading plan for the area in question.
2. Copy of the transmittal sent to the Corps' Steve Charpin for 404 certification.
3. CH&. -1b A( ?Dcs u n. Faw, ,*Wat.- t
Please note that this Swale only has a drainage area of 11.2 Acres, and I believe that the swale has wet weather
only runoff, and is very questionable as to any significant stream attributes.
Your prompt attention and approval in this matter will be greatly appreciated.
Sincerely: '?
Taney O. Browder, P.E.
I?ih'; 12 ?UtO
cc: file
trn.file EGROUP10N
McMahon Dev.,Inc./trans. Fax to 376-3578 5/11/00 MSEC1