19961169 Ver 1_COMPLETE FILE_19961227

MEMORANDUM PRINT NAMES:
Reviewer: (.am Jv `"-
TO : JOHN DORNEY WQ SUPV .: (tats
ENVIRONMENTAL SCIENCES BRANCH DATE: 7 1? 7
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
''**EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 96 PERMIT NO: 0001169 COUNTY: MECKLENBURG
APPLICANT NAME: TOLL BROTHERS, HERNDON PROPERTY, PECORA.
PROJECT TYPE: RESIDENTIAL SUBDIV PERMIT TYPE: NW26
COE #: DOT #:
RCD
CDA:
FROM APP DATE
FRM
CDA: 12/27/9(jr
nwT.0r
_
_
REG OFFICE:
- MRO _
_ ,
SaytRoKmr;•rr. R? ?c?
UTAL'k
a NAT
RIVER AND SUB BASIN J: 030838
STREAM CLASS: C
WL-IMPACT?: Y/N
WL_REQUESTED:
WL SCORE M :
MITIGATION?: Y/N
MITIGATION-SIZE:
.40
STR INDEX-NO: 11-138-3
- - Jill s 1997
WL TYPE : WF ®f f" ?"^ £l i k
WL_ACR-EST?: Y/N
WATER IMPACTED BY FILL?: Y/N
MITIGATION TYPE:
DID YOU REQUEST MORE INFO?: Y/N
?F
.01
s
IS WETLAND RATING SHEET ATTACHED?: Y/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSUE /SSUE/CON DENY
COMMENTS : 1 Inv \L fi) w e4 1cr?5 < GL &t4.1 A- on.. ? y141a p
iln J test!
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CC: Regional Office (oLlev")
Central Files
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lkkd an otrea- la?yevpe/'c4d
J
Project na e
County ffleaklew
Name of evaluator
Wet{and wid
- Date
n. weight
Water storage x 4.00 = :-
?- Wetland Score
A Bank/Shoreline stabilization ? x 4.00 =
,r Pollutant removal ? x 5.00
Wildlife habitat Z
Aquatic life value
Recreation/Education x 1.00 """'%
G * Add 1 point if in sensitive watershed and > 10% nonpoint disturbaince wither 1 /2 mile upstream, upslope, or radius
,96116,
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
NCDEH & NR- DWQ
Water Quality Planning
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. Dorney and Mr. Lund:
mnssi w
December 18, 1996
US Army Corps of Engineers
Asheville Field Office
Attn: Mr. Steve Lund
151 Patton Avenue, Room 1
Asheville, NC 28801. E ' 4
DEC 2 71996
wt?uaws cRQup
IMATFR A AMY SE00 _.J
The purpose of this letter is to request a Nationwide 26 Permit for the project to
be known as the Herndon Property. The project is located near Charlotte, NC
adjacent to Highway 16 as shown on the enclosed maps. The only main
jurisdictional areas to be impacted on-site were created by excavation of uplands
and construction of a dam for the purpose of creating a farm pond many years
ago. Part of the dam is within the right-of-way of Highway 16 (Providence
Road) which is to be widened by DOT.
The surveyed wetland delineation is shown on the attached map. These
delineations were submitted to Mr. Lund in the form of a sketch and letter on
4/15/96. Upon receiving our Water Quality Certification, we will then proceed
with filling the area to allow for its use as a residential property. Due to the
poor quality and small size of the vegetated wetland areas to be impacted and
since impacts to 0.4 acres of those areas were avoided, we believe our request is
reasonable.
Fill in Waters of the U.S. on site will be required to utilize the property for a
residential development including roads, lots, etc.
It will be necessary to fill 2.80 acres (see map) of jurisdictional Water of the U.S.
above headwaters for placement of the proposed facilities. The 2.33 acres of
waters to be filled are contained within an old pond which still technically
qualifies as jurisdictional waters. The area within old pond sites does not appear.
to be a high quality since the pond is at the very top of a drainageway. It will be
destroyed (drained) by road construction ultimately and, if not authorized now,
the client will wait for the pond to drain and perform a new delineation that
would likely reduce jurisdictional area significantly. Requiring our client to go
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
through the draining and waiting process does not seem to be in anyone's best
interest
I would also like to point out to DWQ that impacts to vegetated wetlands are
only 0.4 acres and should therefore not require mitigation. As I interpret your
rules, mitigation requirements are for wetland impacts, not waters, so the pond
impacts should not require mitigation either.
I request, on the client' s behalf, that if either one of you will not issue approval
for the entire 2.8 acres that you consider this request a mended to only the
shaded areas on the site plan which total 0.85 acres. Therefore, such impacts
would not require Corps authorization or DEM mitigation. Our client would
then proceed with draining the pond, a re-delineation and an additional permit
request (if necessary) at a later date.
Please call if you have questions or require further information. If you intend to
perform a site visit, please call me to schedule it
Sincerely,
Kevin C. Martin
President
cc: USF&WS, Asheville
NC Cultural Resouces
Enclosure
KCM/mag
DEM ID: 961169
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 26
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: Toll Brothers Attn: Mr. T.J. Pecorak
2. Mailing Address: 1706 Reverdy Oaks Drive
Subdivision Name: Herndon Property
City: Matthews State: NC Zip Code: 28105
Project location address, including subdivision name (if different from mailing address
above): Providence Road between Belicourt Drive and Providence Country Club
Drive
3) Telephone Number (Home): (Work): _(704) 849-2625
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: [phone]
244 W. Millbrook Road
Raleigh, NC 27609
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Mecklenburg Nearest town or city: Charlotte
Specific Location (include road numbers, landmarks, etc.): Adjacent to
Providence Road (Highway 16) west side of road, north of Six Mile Creek,
east of SR 3628, south of SR 3626 (Providence Road West).See attached map
6. Impacted or nearest stream/river: Unnamed tributary of 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-
II)? 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:
9a. Estimated total number of acres in tract of land: ±50
9b. Estimated total number or acres of wetlands located on project site: _0.87 acres
wetlands and 2.33 acres waters
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 2.8
Flooding:
Drainage:
Excavation:
Other:
Total acres to be impacted: 2.8
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation): NA
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) NA
Open channel relocation: ? Placement of pipe in channel: ?
Channel Excavation: ? Construction of a Dam/Flooding: ?
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? NA
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Development of a residential subdivision including lots and roads
13. Purpose of proposed work: To allow use of the property for a residential
subdivision.
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
See attached letter from S&EC. Inc.
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).
Copied with this application
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:
Copied with this application
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.
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 or undeveloped
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
Owner's Agen s Signature
12/18/96
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
DEC-16-1996 09:31
7043666949 P.02i02
TO BE COMPLETED BY CURRENT PROPERTY OWNER
OR CONTRACT PURCHASER
- NO EXCEMONS -
Now, _"
mss: ,. W--
Ad&=, b o5
Pbottt:
.Project NMODcsdr om. .:
Date: I*X• 6 •P&
The Dcpartmcat of the Axmy
U.S. Army Corps of Engineers
Wilminipa District
PO Box 1894
Wdmuiugton, NC 28402
Attn: Ske.'J e_ ?... ?r
Field Office: Ng\v-,ed L`1 e-
Re: Wedamb Rclatod Consttking aW Pomutting
To Whom h may Cancmm
1, the currant R owim, b=by domwim a and aut min Soil and Emrimmamta} Consultants,
Inc_ to act in my bdif m my inthe pmooo ft ofpaadnk applications, to fiamish upon
rrqucst suppleU=W imbduaboa in a qpm orapplicafidw etc. fivm this day forward. This tho
day of %
This notification npmwfm my provio s °OI -lmhvvior z ag the agmxt #ar this project.
Wo wn ora Name
(Or Contract Pu'rabaser) -V L(. (or C fiii t Pu?hSat r :
cc: Mr. Jobn Domey riot simed by Quviier, put Owners address below
N.C. D of M &NR
Division of)R iv. Mgt. Nam: X!; R063
Water Quality Pbai iog Address. lZZue ?jfDd1o&!m 12b.
4401 Roddy Crock Roved ti-
Ralcigb, NC 27607
Mr. Kevin C. Mardu
Soil and Etiviron l Coawftata,1ac.
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Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(198 COE Wetlands Delineation Manual)
Project/Site: Date: I.0 ?0
Applicant/Owner: County: ec P°` o`a{
?r Sfate: ?\
Investigator. e-4 ,t\ AA,(
Do Normal Circumstances exist on the site?
Is the site significantly disturbed
(Atypical Situation)?
Is the area a potential Problem Area?
(If needed, explain on reverse.)
Ye No Community ID:
Yes TransectID•
Yes to Plot ID:
VEGETATION
Dominant Plant Species Stratum Indicator
1 Ca 4? e-k Spa l' C. uG
2 \ . r9d"-x s v?.? i,.v cee
3. Lr_ T«, ortca Vc?e c'? "
4.?C ?ecc.?s olro ?a5 ;ee ?,?vg -

7. U.?kua.a Kcc1?° t y ?, C?
8.
Dominant Plant SEpecies
9.
10.
11.
12
13.
14.
15.
16.
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).
Remarks:
V
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
S
Depth to Surface Water. (in.)
tl
Depth to Free Water in Pit (in.)
i?
Depth to Saturated SoiL- (in.)
(- ka M tt
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Second4rV Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
_Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
_Other (Explain in Remarks)
S'w4\' ©d'Q -f-
Remarks:
SOILS
Map Unit Name Q
(Series and Phase): Drainage Class: \ `J
Taxonomy(Subgroup): a ?a\` Field Observations
Confirm AQaTped Type? Y NO
rrowe Lies-won: -
Depth Matrix Color Mottle Colors Mottle
(ins.) Horizon Munsell Moist (MansellMoist) Abundance/Contrast
_ RA -
\Z ?E. 1©VdLb?2
Hydric Soil Indicators:
Histosol
Histic Epipedon
?Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks:
Texture, Concretions,
Structure etc.
d.'4' „.wA
C'\Q y
--A-Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
?? Listed on Local Hydric Soils List
_`Listed on National Hydric Soils List
Other (Explain in Remarks)

Wetland Determination
Hydrophytic Vegetation Present? a No (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? Y No Circle)
Hydric Soils Present? a No Des No
Remarks:

Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609 a
Ph: 919/846-5900
DATA FORM

ROUTINE WETLAND DHI MMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site:csv.c?Ar Date:
Applicant/Owner: County:
Investigator. State:
Do Normal Circumstances exist on the site?
Is the site significantly disturbed
(Atypical Situation)?
Is the area a potential Problem Area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum
1 1v r? nee f ?S\tlt?N?GNQ
2 r\?C?4 G?o?1 V1
3. U?A 5c j ec
4.
5.
6.
7.
8.
Yes No Community ID:
Yes No Transect ID:
Yes No Plot ID:
Indicator Dominant Plant Species
_Yucu- 9.
c - 10.
11.
T
12.
13.
14.
15.
16.
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC
(excluding PAC-). S e k?
Remarks:

HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth Surface Water ._L ? (in.)
u
Depth to Free Water in Pit; l? (in.)
Depth to Saturated Soil:- t Z\\ (in.)

Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
Wager Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
??
SOILS
Map Unit Name
(Series and Phase): < <? u Drainage Class:
Field Observations
Taxonomy(Subgroup): I? ?? : a 9 w? Confirm Mapped Type? Ye No
Profile Description
Depth Matrix Color Mottle Colors Mottle
(ins Horizon
fflunsell Moist
K'Y
(MunsellMoist) Abundance /Contrast
-1???.b?a.?Z.??S/lo corno?. rAtd?rc?
Texture, Concretions,
Structure etc.
,S b 4 Ao -'-
C\0'
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
?Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
CrA-tz(?A mtc
Wetland Determination
Hydrophytic Vegetation Present? Yes (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? Yes (Circle)
Hydric Soils Present? ©e N Yes No
Remarks:

M o \
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
11
US Army Corps of Engineers
Attn: Mr. Steve Lund
151 Patton Avenue, Rm 143
Asheville, NC 28801-5006
June 20, 1997
NCDEHNR - DWQ
Attn: Mr. John Dorney pr
4401 Reedy Creek Drive
Raleigh, NC 27607
RE: Herndon Property, Charlotte, Mecklenburg County
DWQ: 961169
Dear Mr. Lund and Mr. Dorney:
The purpose of this letter is to notify your offices that impacts prieviosly approved under
Nationwide Permit 26 for the construction of a subdivision, permitted as the Herndon
Property, are being proposed to be re-distibuted to areas previously not permitted.
Wetland impacts totalling 0.99 acres were approved prior to the January 21, 1997
expiration of prior Nationwide permits and are valid until January 21, 1998 because the
project had commenced prior to their expiration. Therefore, we believe that the re-
distribution of impacts is subject to the Army Corps' rules of December 1997 and the
Division of Water Quality's rules of October 1996.
We understand the rules applicable during the permit period did not require Pre-Discharge
Notification to the Corps for impacts less than 0.99 acres. Therefore, this letter serves as a
professional courtesy to the Army Corps as we believe that no notification is required.
We further understand that DWQ required notification for impacts greater than 0.33 acres
during the permit period. Attached is a copy of the issued Water Quality Certification.
We believe that DWQ would require this notification.
An on-site pond has been breached and the jurisdictional limits have been reduced to 0.29
acres (See Map 1); under the existing permit impacts to this pond totaled 0.79 acres (See
Map 2). The reduction in impacts results in a total of 0.50 acres of permitted impacts that
have not been utilized by this project. It is this 0.50 acres that we wish to redistribute to
other areas on the site (See Map 3). The areas that we wish to fill are low quality
wetlands associated with a confirmed violation site on an adjacent property. The
excavation of a ditch on the adjacent property was identified by the Corps.
Wetlands impacts associated with the drained pond (Map 1) do not exceed 0.33 acres but
are within 50 feet of a surface water and total (site) wetland impacts are less than 0.99
acres. Mitigation is not required.
fV
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
Please call if you have questions or require further information. If you decide to perform a
site visit, please contact us so we can arrange for someone to accompany you.
jerely
s Huy m , Biolog t
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 and
Toll Brothers
Attn: T.J. Pecorak
1706 Reverdy Oaks Drive
Matthews, NC 28105
Dear Mr. Pecorak:
January 15, 1997
Mecklenburg County
DWQ Project # 961169
ADDITIONAL CONDITIONS
You have our approval to place fill material in 0.99 acres of wetlands or waters for the purpose of
residential development at Herndon Property, as you described in your application dated 18 December 1996.
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. If wetland fills exceed 0.81 acres for this subdivision in the future, wetland mitigation will be
required. A deed restriction or conservation easement shall be added to all remaining jurisdictional wetlands.
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. 276 1 1-7447. 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 919-733-1786.
Sincerely,
s on 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
Kevin Martin; Soil and Environmental Consultants
961169.1tr
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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7043666949 P.02/02
TO BE COMPLETED BY CURREN'T' PROPERTY OWNER
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PO Box 1890
Wdu)i.ngtan, NC 28402
Attn: S?, e \j e L. u-r
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Rc: Wetlands Related Cmsuliing and Pcxmitting
To Whom It May Concern:
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?Owncsa Narz?: l'tvp& Owncra Signature:
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cc: Mr. 7obn Dorsey
N.C. Dcpaitmzsit of M & NR
Division of )6w. Nf*.
Water Quality planning
4401 Reedy Creek Road
Rnkigh, NC 27607
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Quality Homes by Design"
August 7, 1997
Mr. John R. Dorney
Water Quality Certification Program
State of NC/Dept. Of Environment, Health & Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27686-0535

RF,: Herndon Property
Dear Mr. Dorney:
lift
?N ?UG
?Rpry?NTgC ?
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I am in receipt of your letter dated August 4, 1997 denying our request for permission to fill an additional .99
acres of wetlands for our residential development at the Herndon Property.
Please accept this correspondence as official notice that we withdraw our request for the additional .99 acres
of fill. However, we intend to immediately begin development of the Herndon Property based on the original
Nationwide 26 issued on January 17, 1997.
Please confirm your receipt of and acceptance of this request as soon as possible.
Sincerely,
Pecorak
Vice President/Regional Manager
TJP/lrg/ltr.
Enclosure
cc: Mr. Todd St. John
Wilmington Corp of Engineers
Chris Huysman
Soil & Environmental Consultants
file
Charlotte, North Carolina Division
1706 Reverdy Oaks Drive • Matthews, NC 28105 • [phone]
f , -r,-+e n4A--. Z 7 A Q Dl.ilm.,.,+ A- T-T-+i.,.rA-- I7 11- DA 7 nnnL2
'roll `Brothers, ITnc.
Quality Homes by Design*
August 7, 1997
Mr. John R. Dorney
Water Quality Certification Program
State of NC/Dept. Of Environment, Health & Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27686-0535
RE: Herndon Property
Dear Mr. Dorney:
I am in receipt of your letter dated August 4, 1997 denying our request for permission to fill an additional .99
acres of wetlands for our residential development at the Herndon Property.
Please accept this correspondence as official notice that we withdraw our request for the additional .99 acres
of fill. However,.we intend to immediately begin development of the Herndon Property based on the original
Nationwide 26 issued on January 17, 1997.
Please confirm your receipt of and acceptance of this request as soon as possible.
Sincerely,
fi
Pecorak
Vice President/Regional Manager
TJP/irg/ltr.
Enclosure
cc: Mr. Todd St. John
„,.... _ ? n orp of tngincers
Chris Huysman
Soil & Environmental Consultants
file
Charlotte, North Carolina Division
1706 Reverdy Oaks Drive • Matthews, NC 28105 • [phone]

DEPARTMENT OF THE ARMY '•
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 17, 1997---------- -•
IN REPLY SUER M
Regulatory Branch

Action ID No. 199702267 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. T.J. Pecorak
Toll Brothers, Incorporated
1706 Reverdy Oaks Drive
Matthews, North Carolina 28105
Dear Mr. Pecorak:
Reference your application of December 18, 1996, for Department of the
Army (DA) authorization to fill 0.79 acres of open water pond and 0.19 acres
of forested wetland on unnamed, headwater tributaries to Six Mile Creek to
construct a residential subdivision on approximately 50 acres of land off
Providence Road (NC Highway 16) south of Charlotte, Mecklenburg County,
North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register an November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the
North Carolina Division of Environmental Management (NCDEM). You should
contact Mr. John Dorney, telephone [phone], regarding water quality
certification. In addition, the following special condition will apply to
this particular authorization:
1. Surface drainage from the western one-half of the property will be
directed and discharged through the existing forested wetlands located along
the western property boundary. Post development flow (Q) to the wetland area
will be equivalent to the pre-development
condition.
This nationwide permit does not relieve you of the responsibility to obtain
other required State or local approval.
Provided that you have commenced or are under contract to commence this
work by January 21, 1997, this verification will be valid until January 21, .
1998. If the authorized work is not completed by this date, reauthorization
will be subject to the terms and conditions of the revised nationwide permits
of December 13, 1996.
J . •
-2-
Questions or comments may be addressed to Mr. Steven Lund in our
Asheville Field Office, Regulatory Branch, telephone [phone].
Sincerely,
Robert. W. Johnson
Office Manager
Asheville Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
oil & Environmental" Consultants, Inc.
231 16th Avenue, N.E. ¦ Hickory, North Carolina 28601 ¦ [phone] ¦ Fax [phone]
NCDEHNR - DWQ
Attn: Mr. John 'Dorney
4401 Reedy Creek Drive
Raleigh, NC 27607
1A
????'F?? r X99
RE: Herndon Property, Charlotte, Mecklenburg County
DWQ: 961169
Dear Mr. Dorney:
July 24, 1997
Per our phone conversation today we request an extension to the two week response time
noted on your letter dated July 22, 1997. This extension is needed to ensure that we get a
response from Mr. Lund of the Corps regarding the re-distribution of impacts. We will
inform your office of our decision after we have discussed this project with the Corps.
In the mean time we will be consulting with our client regarding the feasibility of installing
a stormwater wetland to replace the functions lost by filling the pond in exchange for
filling lots associated with rear portion of the project.
afely,
uysman
cc: Mr. T.J. Pecorak, Toll Brothers Development
Mr. Steve Lund, USACOE, Asheville
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluation for On-Site Septic Systems Environmental Assessments
Home Office: 244 West N illbrook Road Raleigh, North Carolina 27609 Phone: [phone] Fax: [phone]
AUG-07-1997 17:20
oII mothers, GInc.
Quality Hvrnes by Design'*
August 7,1997
Mr. John R. Dorney
Water Quality Certification Program
State A£NC Dept- Of Environment, Health dt Natural Resource-,
4401 Reedy Creek Road
Raleigh, NC 27686-0535
RR: Herndon Property
Dear Mr. DO Mey:
7043666949 P.01f01
I am in receipt of your letter dated Augtw1t 4, 1997 denying our request for permission to fill an 2dditiOna1.99
acres of wetlands for our residential development at the Hemloat Property.
Please Accept this correspondence as offlciul notice that we withdraw our request for the additiona1.99 acres
of fill. However, we intend to immcdiatcly bcgin doydopmont of the Herndon Property based on the original
Nationwide 26 issued on January 17, 1997.
Please eonrum your receipt of and acceptance of this request as soon as possible.
Sincerely,
_ . Ptxorak
Vice President/Regional Manager
Up/h'g(hr.
Enclosure
ce: Mr. Todd St. John
Wilmington Corp of Engineers
Chris Huysman
Soil dt Environmental Consultants
filo
Charlotte, North Carolixla Division
1706 Reverdy Oaks Drive • Matthewq, NC 28105 • [phone]
r.. %--atP nmrr• A 10.9 MITnant Ave.. ]-Iunitzgton Vallcy, PA 19006
TOTAL P.01
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
Toll Brothers
Attn: Mr. T.J. Pecorak
1706 Beverly Oaks Drive
Matthews, NC 28105
WQC #961169
Mecklenburg County
North Carolina Department of Environmental
Health and Natural Resources
DtWQ/Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607 1690-6901
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July 22, 1997
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J hn R. Domey
ater Quality Ce is 'on Program
cc: Mooresville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
Asheville Field Office Corps of Engineers
Chris Huysman; Soil and Environmental Consultants
961169.nty
Division of Water Quality - Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone],, FAX [phone]
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O AMPAD REORDER
?NPY1D EFFICIENCY' #23-006
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
Toll Brothers
Attn: Mr. T.J. Pecorak
1706 Beverly Oaks Drive
Matthews, NC 28105
WQC #961169
Mecklenburg County
Dear Mr. Pecorak:
I'T
[D E--= F1
July 22, 1997
The Division of Water Quality has reviewed your plans for the discharge of fill material into
0.99 acres of waters and/or wetlands located at Hwy 16 in Mecklenburg County for residential
development at Herndon Property. Based on this review, we have identified significant uses which
would be removed by this project. These uses are wildlife habitat, water storage and pollutant
removal. Furthermore, insufficient evidence is present in our files to conclude that your project
must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H.0506.
Notably we approved the fill of a different 0.99 acres of wetlands on 15 January 1997 with the
explicit understanding that no additional wetland fill would be needed to develop this subdivision.
This approval included a requirement for deed restrictions. It is unclear why additional fill is
needed at this time for the same design. Therefore, we are moving toward denial of your 401
Certification as required by 15A NCAC 2H .0507(e). Until we receive additional information, we
are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C.
Division of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your residential development with no more than
one-third acre of wetland fill or in compliance with 15A NCAC 2H .0506(c)(2) on nearby
uplands or prior converted farmland? Any documentation such as maps and narrative that you
can supply to address alternative designs for your project may be helpful in our review of your
401 Certification. Please respond within two weeks of the date of this letter by sending a copy of
this information to me and one copy to Mr. Todd St. John at the Mooresville Regional Office at
919 North Main Street, Mooresville, NC 28115. If we do not hear from you in two weeks, we
will assume that you no longer want to pursue this project and we will consider the project as
withdrawn. I can be reached at 919-733-1786 if you have any questions.
z scerely,
J hn R. Dorney
Water Quality Ce is 'on Program
cc: Mooresville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
Asheville Field Office Corps of Engineers
Chris Huysman; Soil and Environmental Consultants
961169.nty
Division of Water Quality - Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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
Mr. T.J. Pecorak, V.P.
Toll Brothers, Inc.
1706 Reverdy Oaks Drive
Matthews, N.C. 28105
Dear Mr. Pecorak:
Re: Herndon Property Site
DWQ #961169
Mecklenburg County
[D FE F1
August 19, 1997
Thank you for you 7 August 1997 letter formally with drawing your modified application
for fill of 0.99 acres of wetlands as described in the 20 June 1997 letter from Soil and
Environmental Consultants. Our previous approval dated 15 January 1997 is still applicable to
this project. You are hereby reminded of the condition for a deed restriction, conservation
easement or similar device to be added to all lots with remaining wetlands to restrict future fill
(see attachment).
Please call me at 919-733-1786 if you have any questions.
Sincerely,
Johni R. Dorney
cc: Wilmington District Corps of Engineers ll
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
Kevin Martin; Soil and Environmental Consultants
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 - 5010% recycled/10% post consumer paper
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Quality Homes by Design® RECEIVED
NOV 2 4 1997.
ENVIRONmENTALSCIENCES
November 21, 1997
Mr. John R. Dorney
Water Quality Certification Program
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27626-0535
Re: WQC #961169
Herndon Property, Mecklenburg County.
Dear Mr. Dorney,
Per our conversation yesterday, please find enclosed the proposed wetland/pond revision.
It is y understanding that this will be a revision to the current wetlands permit.
If you have any question please feel free to contact me at [phone].
cc: Todd St. John
DEHNR, Mooresville
919 North Main Street
Mooresville, NC 28115
Via.
11 1,_ V-O
Charlotte, North Carolina Division
1706 Reverdy Oaks Drive • Matthews, NC 28105 • [phone]
----.... L.. f'N4M ..._ O 1 n0 nL.?l.,.,. «4 n_.., u..«N?...eA ...?, c7 11.._. 1lA 1 nnnc
Sincerely,
January 13, 1997
Mr. Kevin Martin
Soil & Environmental Consultants, Inc.
244 West Millbrook Road
Raleigh, NC 27609
Re: Herndon Property
HE Job No. H1696
Dear Kevin:

HARRIS ENGINEERING
Engineering
Planning • Surveying
Per your request, please find enclosed the revised Wetland Impact Map for the subject property.
As we discussed the following revisions have been incorporated into the plan:
1. Revised impact areas to minimize loss of wetland at rear lots.
2. Added topo.
3. Added ridge line to clarify drainage pattern.
Please note that we have not specified the drainage area as this will be determined at the time
that we complete the Construction Documents. We will analysis the storm drainage system
design to insure that the post-developed drainage flow (Q) to the wetland area is equivalent-to
the pre-developed condition.
Please give me a call if you have any questions or require additional information.
Best regards,
HARRIS ENGINEE NG
Wayne . Harris. P.E.
President
WMH/jc
141696Xmartin.1tr
xc: Steve Lund w/ encls.
T.J. Pecorak w/ encls.
1325 Harding Place
Charlotte, NC 28204
704.334.1325
704.334.1330 Fax
State of North Carolina
Department of Environment,
Health and Natural Resources 0
Division of Water Quality I A& rr
James B. Hunt, Jr., Governor K EL
7
Wayne McDevitt, Secretary p E H N F1
A. Preston Howard, Jr., P.E., Director
December 11, 1997
Mecklenburg County
DWQProject #961169
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Dave Gullick
Project Manager
Toll Brothers
1706 Reverdy Oaks Dr.
Matthews, NC 28105
Dear Mr. Gullick:
You have our approval, in accordance with the attached conditions and those listed below, to
pace fill material in 0.52 acres of wetlands or waters for the purpose of constructing a residential
subdivision with lot fill and road fill for Chancelot Lane at Country Club Subdivision as you
described in your revised application dated November 21, 1997 with lot and road fill as shown on
the November 25, 1996 map "Preliminary Site Plan". 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. 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.
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.
1. Deed notices, conservation easet.,ents or similar mechanisms shall be placed in all lots with
remaining jurisdictional wetlands and waters to restrict 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 Dorney at 919-733-1786.
Attachment
Sinc ly,
ston Howard, Jr. E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
961169.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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 and
Toll Brothers
Attn: T.J. Pecorak
1706 Reverdy Oaks Drive
Matthews, NC 28105
Dear Mr. Pecorak:
A
T4
4?jj
mid&
ID EHN1?
January 15, 1997
Mecklenburg County
DWQ Project # 961169
ADDITIONAL CONDITIONS
You have our approval to place fill material in 0.99 acres of wetlands or waters for the purpose of
residential development at Herndon Property, as you described in your application dated 18 December 1996.
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. If wetland fills exceed 0.81 acres for this subdivision in the future, wetland mitigation will be
required. A deed restriction or conservation easement shall be added to all remaining jurisdictional wetlands.
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 Domey at 919-733-1786.
Sincerely,
on Howar 1,Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ_ Regional Office
Mr. John Domey
" Central Files
Kevin Martin; Soil and Environmental Consultants
961169.1tr
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
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
Toll Brothers
Attn: Mr. T.J. Pecorak
1706 Beverly Oaks Drive
Matthews, NC 28105
WQC #961169
Mecklenburg County
Dear Mr. Pecorak:
?EHNR
July 22, 1997
The Division of Water Quality has reviewed your plans for the discharge of fill material into
0.99 acres of waters and/or wetlands located at Hwy 16 in Mecklenburg County for residential
development at Hemdon Property. Based on this review, we have identified significant uses which
would be removed by this project. These uses are wildlife habitat, water storage and pollutant
removal. Furthermore, insufficient evidence is present in our files to conclude that your project
must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506.
Notably we approved the fill of a different 0.99 acres of wetlands on 15 January 1997 with the
explicit understanding that no additional wetland fill would be needed to develop this subdivision.
This approval included a requirement for deed restrictions. It is unclear why additional fill is
needed at this time for the same design. Therefore, we are moving toward denial of your 401
Certification as required by 15A NCAC 2H .0507(e). Until we receive additional information, we
are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C.
Division of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your residential development with no more than
one-third acre of wetland fill or in compliance with 15A NCAC 2H .0506(c)(2) on nearby
uplands or prior converted farmland? Any documentation such as maps and narrative that you
can supply to address alternative designs for your project may be helpful in our review of your
401 Certification. Please respond within two weeks of the date of this letter by sending a copy of
this information to me and one copy to Mr. Todd St. John at the Mooresville Regional Office at
919 North Main Street, Mooresville, NC 28115. If we do not hear from you in two weeks, we
will assume that you no longer want to pursue this project and we will consider the project as
withdrawn. I can be reached at 919-733-1786 if you have any questions.
z S cerely,
J hn R. Dorney
ater Quality Cert is ion Program
cc: Mooresville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
Asheville Field Office Corps of Engineers
Chris Huysman; Soil and Environmental Consultants
961169.nty
Division of Water Quality - Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
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