20030144 Ver 1_COMPLETE FILE_20030311

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1
DWQ Project No.:
Applicant:
Project Name:
Michael F. Easley, Governor
William Q. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
County:
(7 ? lei ,? rl ->t? •r ? /?, 1?
Date of Issuance of 401 Water Quality Certification: ., 23 2 oc
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This. form may be returned to DWQ
by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from
all of these.
Applicant's Cert{ftcation
I, UL/414y- A' X61 a hereby state that, to the best of my abilities, due care and diligence
waused in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporti materi VVI-'?71pJ51401 nn''''
Wp
Signature: Date:.
Agent's Cen Ovation WATER QUALITY.SECTIsW
hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to. be built within substantial
compliance-and-intent of the 401 Water Quality Certification and Buffer Rules, the-approved plans, and specifications,
and other supporting materials.
Signature:
#this project was designed by a Cerft led Professional
Date:
I, KdL TW A, A,n/ TN oA/Y as a duly registered Professional E A/ 6.1 N 60(i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically;
weekly, full time) the construction of the project, for the Perhiittee hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the construction such that the. constructign was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature: - egistration
N. C. Division of Water Quality, 401 Wetlands Certification Unit, 11GW
1850 Mall Service Center, Raleigh, NC 27899-1850 (Milling Address
2321 Crabtree Blvd., Raleigh, NC 27804-2280 (Location) )N
[phone] (phone), 919.733-8893 (fax), (httpJ/h2o.enr.state.nc.u
° Date 6 - 19 -- 03

C WATT
O R Michael F. Easley, Governor
Willi
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North Carolina Department of Environment and Natural Resources
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tT'- Alan W. Klimek, P.E., Director
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2003
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
I )a cordance with Title 15 NCAC 211 .0500, the following DEED NOTIFICATION shall be recorded in the
County Regis pr*or to the conveyance of lots. Said Deed Notification shall apply to name of
subdivision, lot numbers in ?- County, Nort C r line as shown on plans titled
(insertubd'vision name) prepared by (insert name of
designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland, stream or protected
stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state rules adopted by
the State of North Carolina in force at the time of the proposed alteration. The intent of this provision is to prevent additional
wetland, stream or buffer filling or draining, so the property owner should not assume that a future application for filling or
draining would be approved. The property owner shall report the name of the subdivision in any application pertaining to
said rules. This covenant is intended to ensure continued compliance with all rules adopted by the State of North Carolina
and therefore the State of North Carolina may enforce benefits. This covenant is to run with the land and shall be binding on
all Parties and all persons claiming under them".
Signature
Owner's name: ffi -? P, -k
Address: C v u 'k4 /I I
City, State, Zip Code:
Phone Number:
?-
C'4-
NULM/401 MVVr
alp iN `G 7 Mijj
STATE OF NORTH CAROLINA
<20 -b6il-k rL C COUNTY
I, &"d(a o r't? ?t?7 , a Notary Public of the State of North Carolina,
NATRQUALIT saM
CdLba.,r?-u S
County,
hereby cei 'ify that owner personally appeared before me this day and executed by above certification.
Witness my hand and notorial seal, this I, day of JwJE , 2003
q4vldj?
N tary Pub 'c
My commission expires: My CoMrnISSion Expires March 07, 200

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
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April 23, 2003
DWQ# 03-0144
Cabarrus County
M.S. Ritchie
M.S. Ritchie Construction, Inc.
9604 Callis Court
Harrisburg, NC, 28075
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ritchie:
You have our approval, in accordance with the attached conditions, to place permanent fill in 210 linear feet of
intermittent streams in order to construct residences on Lots 173 and 174 in the Bradford Park Subdivision in Cabarrus
County, as described in your application received by the Division of Water Quality on February 11, 2003, and in additional
correspondence received March 11, 2003. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army 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, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 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. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional condition listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds on the property. 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). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
2. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed.
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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. 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 Alan Johnson in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the
Central Office in Raleigh 919-733-9721.
Sincerely,
. yq4
41-04 Alan W. Klimek, P.E.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Customer Service
1 800 623-7748
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Danny Smith
Andrew Davis, 4301 Taggart Creek Road, Charlotte, NC, 28208
030144
ENGINEERING, INC.
March 10, 2003
qN4 J%ROUP
MAK )" 1 200
Mr. John R. Dorney
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: PCN Application Addendum
DWQ403-0144
M.S. Ritchie Construction, Inc.
Lot 173, Bradford Park
Harrisburg, North Carolina
Shield Project No. 1010048
Dear Mr. Dorney:
WATER QUALITY SECTION

On the behalf of M.S. Ritchie Construction, Inc. (M.S. Ritchie), Shield Engineering, Inc.
(Shield) is submitting this Addendum to the Pre-Construction Notification (PCN) Application
Form concerning the above Notice of Violation. This additional information was requested in
your letter dated February 21, 2003.
Request 1 Please indicate, as overlays on the site plan, the lot layout including the footprint
of houses and driveways on lots 171, 172 and 174.
Response: Figure 5 from the PCN Application has been revised to show house
locations and driveways on lots 171, 172 and 174.
Request 2 Also, please locate all isolated or non-isolated wetland, streams and other water of
the State as overlays on the site plan.
Response: Figure 3 of the PCN Application has been revised to indicate location of
waters of the State.
Request 3 Please display the extent of rip-rap and location of the headwall on the project plan.
Response: Figure 3 of the PCN Application has been revised showing the details for the
riprap headwall
4301 Taggart Creek Road
Charlotte, NC 28208
www.shieldengineering.com
Telephone [phone]
Fax [phone]
i4
If you have any other questions concerning this submittal please do not hesitate to contact us
at [phone]
Sincerely,
Shield Engineering, Inc.
NN 013,
Andrew A. Davis PE a SEAL "
Keith A. Antl?ny E
, E 1126 ?
Project Engineer Principal Eng ,
Attachments y?""?wru? ?;,, w??"e1??
0 3
cc: Steve Chapin
Rex Gleason
Mike Ritchie
H/engineering/2001/1010048-01 WNapplctnADEND

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"WSHIELD
ENGINEERING. INC.
4301 Taggart Creek Road
Charlotte, North Carolina 28208
704-394-6913 • Fax [phone]
LETTER OF TRANSMITTAL
FIL 1app
E COP Y fE6
I LTO: MR, ANNK 51m TN Date:
Divisle-1 of WATEk QVAL?TY Project#
51 Z IV, 5AL1513 vQY 57-, Task #
A A LC/" , n/ G 2 `7(, O y Attn:
RE:
The following items are: Attached
D Shop drawings 0 Prints ? Plans
Specifications Copy of letter
?-10- &L:?j_
0 Under separate cover via
0 Samples E Change Order
? As noted ?
Copies I Date No. Description
PG IV q P P L 1 Gp7"1olv5

These are transmitted as checked below:
0 For approval ? No exceptions taken 0 Resubmit
? For your use ? Exceptions taken as noted ? Submit _
? As requested ? Revise and resubmit ? Return _
0 For review and comment 0 Rejected ?
Remarks
Copy w/attachments to:_
Copy only to:
/r n
Signed:
- copies for review
copies for distribution
revised prints
Triage Check List
Date: 3_ f 3-
Project Name: ?c•r
DWQ#: S - Ol L/
County: r
To: ? . ARO Mike Parker
? FRO Ken Averitte
Ca'-MRO Mike Parker
? RRO Steve Mitchell
? WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Cyndi Karoly (Central Office)
From: L? 4 ? Ik? S?l? r
Telephone : (919) X33? ???
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
E Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable? .
Check drawings for accuracy
62Lk the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:

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?'7:xd North Carolina Wildlife Resources Commission 9
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources
FROM: Ron Linville, Regional Coordinator,"
Habitat Conservation Program f
DATE: February 24, 2003
SUBJECT: Review of 401 Certification Application, DWQ # 030144, M. S. Ritchie
Construction, Bradford Park, Lots 173 & 174, Cabarrus County
The applicant is requesting 401 Water Quality Certification from the North Carolina
Division of Water Quality. The NCWRC has reviewed information provided by the applicant,
and field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C.
466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
Based on our review of the project submittal, it appears that 210 linear feet of intermittent
channel will be impacted with riprap and that a concrete flow spreader device will be installed.
Although we have not visited the site, we recommend that consideration be given to relocating
the channel so that it runs either behind or in front of lots 172, 173 and 174 or along property
lines. Softer techniques, such as bioengineering or vegetation could provide better water quality
and habitat values. If the channel is relocated, we recommend minimum 25-foot to 50-foot
naturalized buffers that are permanently protected by deed restrictions. Another option may be to
combine the lots in order to preserve existing waters (to the extent practicable). Low impact
development techniques (LID) should be evaluated to determine if these alternatives could be
cheaper and provide improved stormwater management. Low impact development information
can be obtained at www.lowimpactdevelopment.org. These methodologies should be used
whenever possible, especially where stormwater may contribute cumulative and secondary
impacts (CSI) to sensitive watersheds or where dense development is occurring. Information on
CSIs is available at http://www.ncwildlife.org/pg07 WildlifeSpeciesCon/pg7c3 impacts.pdf.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 336/769-9453.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
?0? N1 ATF19 p Michael F. Easley, Governor
William G. Ross Jr., Secretary
`p G? North Carolina Department of Environment and Natural Resources
r? r
> Alan Klimek, P. E., Director Division of Water Quality
February 21, 2003
DWQ # 03-0144
Cabarrus County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
M. S. Ritchie Construction, Inc.
9604 Callis Court
Harrisburg, NC 28075
Dear Sirs:
On February 11, 2003 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill waters for the purpose of residential construction in Cabarrus
County. Approval from DWQ is required to disturb these waters. Please provide 7 copies of the
following information and refer to the DWQ # listed above in your reply. Please show these on maps of
suitable scale (for instance V = 100 feet) so we can begin to determine your projects' compliance with
15A NCAC 2H.0500.
1. Please indicate, as overlays on the site plan, the lot layout including the footprint of houses
and driveways on lots 171, 172 and 174.
2. Also, please locate all isolated or non-isolated wetland, streams and other water of the State
as overlays on the site plan.
3. Please display the extent of rip-rap and location of the headwall on the project plan.
Please telephone Mike Horan at 919-733-1786 if you have any questions or would require copies
of our rules or procedural materials. This project will remain on hold as incomplete in accordance with
15A NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
Y,
o R. Dorney
40 Water Quality Ce ification Program
JRD/bs
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files

File Copy
Keith A. Anthony, Shield Engineering, 4301 Taggart Creek Road, Charlotte, NC 28208
.Tv
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
MEMORANDUM
TO: John Dorney Regional Contact: Alan Johnson
Non-Discharge Branch WO Supervisor: BPx Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bradford Park * (After the fact) * Violation County Cabarrus
Project Number 03 0144 County2
Recvd From APP Region Mooresville
Received Date 2/11/03 Recvd By Region 3/17/2003
Project Type road crossing Lot 173 & 174
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
39 Stream O Y O N 13-17-8 C r- 30,711. F-F 215.00 F- 215.00
15Y O
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more Info? Q YQ N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? Q Y O N Recommendation: *issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 351700 Longitude (ddmmss) 803930
cc: Regional Office
Central Office Page Number 1
,SHIELD
INC.
February 10, 2003
Mr. Danny Smith
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
?aQy
Re: Notice of Violation of NCGS 143-215.3(al
M.S. Ritchie Construction, Inc. '
a
Lot 173, Bradford Park
Harrisburg, North Carolina
Shield Project No. 1010048
Dear Mr. Smith:
FEB 12003
w
On the behalf of M.S. Ritchie Construction, Inc. (M.S. Ritchie), Shield Engineering, Inc.
(Shield) is submitting this Pre-Construction Notification (PCN) Application Form concerning
the above Notice of Violation.
As part of this notification submittal the following items are attached:
• Narrative on Project History
• Pre-Construction Notification (PCN) Application Form
• Figure 1 - Site Location Map
• Figure 2 - Site Direction Map
• Figure 3 - Project Plan
• Figure 4 - Energy Dissipator
• Figure 5 - Property and house location drawing
• Photographs of project area
4301 Taggart Creek Road Telephone [phone]
Charlotte, NC 28208 www.shieldengineering.com Fax [phone]
CA

If you have any other questions concerning this report please do not hesitate to contact us at
[phone]
Sincerely,
Shield Engineering, Inc.
o =?
aF>~ss"?r?''•?
SEA
112 0
Andrew A. Davis, EIT 1 ?c Kkilh Gk. Anthony, PE
Project Engineer NOf c -7al Engineer
?. r(
Attachments
cc
Steve Chapin
Rex Gleason
Mike Ritchie
H/engineering/2001 / l 010048-01 /PCNappl ication

PROJECT HISTORY
• On April 20, 2001, Mr. Pete Colwell of the North Carolina Department of
Environment and Natural Resources (NCDENR) sent a letter to M.S. Ritchie
Construction Company (M.S. Ritchie) notifying them that they may be in violation of
impacting a stream without the proper authorization. The letter requested additional
information concerning the pipe that had been placed in the drainage feature at the
above referenced property.
• In response to the request, M.S. Ritchie sent a letter dated May 3, 2001 explaining
that they had contracted with Shield Engineering, Inc. (Shield) to assist them with the
issue.
• On June 1, 2001, Mr. Keith A. Anthony, PE of Shield had a telephone conversation
with Mr. Steve Chapin of the Corps of Engineers to schedule a site visit. After
explaining the project, Mr. Chapin stated the impact would fall under Nationwide
Permit #39 and that permitting process should be coordinated with Mr. Pete Colwell
of the Mooresville Regional Office (MRO) of NCDENR.
• On June 28, 2001, Mr. Pete Colwell, Mr. Keith Anthony, PE of Shield and Mr. Mike
Ritchie of M.S. Ritchie performed a site visit. During the site visit, Mr. Colwell
indicated that mitagation would be not required for the project. Justification should
be given as to why the project was necessary. A PCN application would need to be
submitted to Mr. John Downey of DWQ and copied to Mr. Steve Chapin of COE.
• On August 23, 2001, Shield issued an application for the impact.
• On September 21, 2001, Mr. Pete Colwell issued a letter asking for additional
information; specifically permission from the adjacent property owner on Lot 274 for
the riprap discharge apron.
• On November 5, 2001, Shield issued a letter stating that a revised PCN would be
developed.
• During the first quarter of 2002, M. S. Ritchie continued to negotiate with the
adjacent property owners (Bagwell). On March 18, 2002, Mr. Keith Anthony, PE of
Shield met with the Bagwells and M. S. Ritchie to explain how a upgraded energy
dissipator and riprap apron would look. A 12" stormwater pipe from Naron Lane cul-
de-sac empties into the drainage ditch on Bagwell's property. The negotiations with
the Bagwells included how the energy dissipator, to be installed by M. S. Ritchie,
would assist in correcting discharge issues related to the stormwater pipe from the
cul-de-sac. It had always been M. S. Ritchie's desire to work with the Bagwells in
improving the entire issue of stormwater, both from the pipe he installed as well as
the 12" stormwater pipe from the cul-de-sac.
• On April 12, 2002, Mr. Keith A. Anthony, PE of Shield informed Mr. Samar-Bou
Ghazale of the MRO of the continued negotiations between M.S. Ritchie and the
Bagwells.
• On August 23, 2002, M.S. Ritchie received a letter from Mr. Alan Johnson of
NCDENR requesting a response as to actions being taken.
• On September 4, 2002, Shield notified the MRO that negotiations with the property
owner was getting nowhere and M.S. Ritchie intended to remove a portion of the pipe
in order to contain the impact area entirely on his property.
• During the month of September, M.S. Ritchie had several telephone conversations
with the Bagwells discussing further implications on leaving the discharge apron on
their property. M.S. Ritchie again reiterated to the Bagwells that as part of his permit
submittal he needed written approval that the Bagwells have given permission to
leave the discharge apron on their property.
• During much of this timeframe Shield indicated to M.S Ritchie that it appeared that
the Bagwells did not have a strong desire to work things out with M.S. Ritchie.
On October 16, 2002, Shield issued a notification to the MRO that a PCN would be
prepared indicating the plan to modify the piping and discharge apron entirely on
M.S. Ritchie property.
• During December 2002 and early part of January 2003, both M.S. Ritchie and Mr.
Keith A. Anthony had conversations with Mr. Danny Smith of the DWQ in Raleigh
concerning this project. Shield informed Mr. Smith that Shield would prepare a PCN
indicating the original impact and requested modifications.
Summary
Mr. Keith Anthony, PE of Shield has been involved in this project from the early stages
when M.S. Ritchie was notified of a violation. It is Shield's observation that:
• M.S. Ritchie was unaware that a permit was required to pipe a stormwater
ditch across his two properties.
• By combining his discharge apron with the 12" stormwater cul-de-sac pipe on
the Bagwell property he thought he was doing them a favor.
• Upon notification that a permit violation had occurred, M.S. Ritchie
immediately contacted Shield Engineering.
• On good faith, and attempting to be a good neighbor, M.S. Ritchie tried to
negotiate with the Bagwells to keep a portion of the discharge apron on their
property.
It has been Shield's opinion for some time now that the Bagwells had no
strong desire to work with M.S. Ritchie on resolving the issue of the discharge
apron located on their property.
• At this time Shield recommended to M.S. Ritchie that the PCN application
should include modifying the existing piping by shortening it so that the
discharge apron is located entirely on M.S. Ritchie property and that the PCN
would reflect this change.
HAEngineering (0110)\2001\1010048-01\attachment.doc
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
rrr .........,.a:.... i.,.:m- ;. .,,,t onnlir•ahln t„ this nrniect_ nlease enter "Not Applicable" or "N/A".)

1. Processing
Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
Q 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide #39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: M. S. Ritchie Construction Inc.
Mailing Address: 9604 Callis Court
Harrisburia. NC 28075
Telephone Number: 704-455-8303 Fax Number: NA
E-mail Address: NA
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Keith A. Anthony, PE
Company Affiliation: Shield Engineering, Inc.
Mailing Address: 4301 Taggart Creek Road
Charlotte NC 28208
Telephone Number: 704-394-6913 Fax Number: 704-394-6968
E-mail Address: kanthony@sh ielden$ineering com
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
Name of project: Lots 173 & 174 Bradford Park
2. T.I.P. Project Number or State Project Number (NCDOT Only)
3. Property Identification Number (Tax PIN): 5506 61 4783 000
4. Location
NA
County: Cabarrus Nearest Town: Harrisburg
Subdivision name (include phase/lot number): Lots 173 & 174 Bradford Park
Directions to site (include road numbers, landmarks, etc.): From Rocky River Road in
Harrisurg, NC turn on Millen Drive, turn left on Snow Lane, Turn right on Naron Lane
5. Site coordinates, if available (UTM or Lat/Long): 35°17'00" 80°39'30"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 0.83 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Reedy Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Lots are single family. Residential use lot 173 has home
on it while lot 174 is waiting construction of a home.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
See attached "Description of Activity"
11. Explain the purpose of the proposed work:
See attached "Purpose of Project"
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
NA
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests for this project
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts:
See "Description of Activity"
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***

List eacn impact separately ana wentity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
* excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
Lot 173 & 174 Culvert, RIPRAP 210' UT of Reedy Creek 0' to 2' Intermittent

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.top2zone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 210'
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name p Watele)

(if applicable) Type of Waterbody
(lake, pond, estuary, sound.

bay, ocean, etc.)

* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
if construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attached "Purpose of Project" -
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
of
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm-gide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No miti ation proposed
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): --
Page 10 of 12
H
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No D
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No El If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
stare feet
Multiplier Required
Miti
gation 3
2 1.5
Total
Lone t extends out JU teet perpendicular trom near Danx of cnannet; Lone L emenas an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
i

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Total disturbed area to construct homes on both lots 173 & 174 is 0.83 acres. Builder has
installed silt fencing during construction activities with subsequent seeding.
XH. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sewage disposal from residences discharge to city of Harrisburg
XM. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes 0 No ?
Is this an after-the-fact permit application?
Yes 0 No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent'sAignature bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Description of Activity
As shown on the attached Figure 3 - Project Plan a portion of the intermittent stream is now
being conveyed by a 42-inch pipe which has been covered over. The pipe is a reinforced
concrete pipe and discharge apron with a current length of approximately 215 feet. The area
filled in around the pipe is approximately 20 feet in width. This equates to a total fill area of
less than 1/10 of an acre. The area at the headwall of the pipe has been protected with riprap
and the end of the tailrace of the pipe discharges to a riprap apron. The contractor then seeded
the area and placed a silt fence on the lower end of the area.
Subsequently it was discovered that a portion of the riprap discharge apron was placed on the
neighboring property (Lot #274). Negotiations with the neighboring homeowner has resulted
in a decision by M.S. Ritchie Construction to "pull back" the length of pipe to allow the entire
discharge apron on M.S. Ritchie property. As part of this work an energy dissipator will be
constructed at the end of the pipe emptying to a riprap discharge apron (See Figure 4). As a
result the total impact of the ditch will be approximately 210' long and 20' wide.
Purpose of Project
The purpose of placing the pipe along the creek across these two pieces of property was to
facilitate construction of the houses. Both of these lots have the drainage feature running
through the middle of the property. The back half of each of these lots has a steep rise as well
as a sanitary sewer easement running through it. Considering this along with the required
building setbacks and the size of homes typically found in this neighborhood, the only practical
house location is on the front portion of the property. As shown on Figure 5 the average
footprint of a typical home in this neighborhood would have overlapped or butted up to the
drainage ditch on Lots 173 and 174. In order to provide a buildable lot the drainage ditch was
piped through these two lots. The attached Figure 5 shows the existing homes on the cul-de-sac
relative to their location off the street front. The photographs attached also show the house
locations along the project site.

Addresses of Adjoining Property Owners
Lot 172
M. S. Ritchie
9250 Naron Lane
Harrisburg, NC 28075
Lot 274
Tammy Bagwell
9298 Naron Lane
Harrisburg, NC 28075
Lot 111
Tim Phelps
9579 Millen Dr.
Harrisburg, NC 28075
Lot 118
Wendall Vainer
9605 Callis Ct.
Harrisburg, NC 28075
Lot 121
M. S. Ritchie
9604 Callis Ct.
Harrisburg, NC 28075

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Photo 2 - View of existing homes in the Naron Lane c
174 on right side of photograph
173 &
Photo 1 - View looking down Naron Lane

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Photo 3 - View of front yards for Lots 173 & 174. Garage for Lot 173
shown on right side of photograph
Photo 4 - View looking at Lot 174
bradford park
Subject: bradford park 1 }
Date: Tue, 22 Apr 2003 17:03:58 -0400 i 1
From: Alan Johnson <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: [e-mail] 3
The Bagwell's are the complainants. Removal of the dissipators
probably won't make them happy. The problem is that two stormwater
drains from the street discharge above their property line. One right
on the bagwell's property line and another 200 ft further upstream
(right at the upstream point where the culvert begins. So there is alot
of water coming from the street and discharging at his property line.
AJ
Alan Johnson - [e-mail]
%TITLE%
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: [phone] Fax: [phone]

Alan Johnson <[e-mail]>
%TITLE%
NC DENR - Mooresville
Div. of Water Quality
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UNITED STATES POSTAL SERVICE [Firs
t-Class
Postage &
USF
Permit No.
• Sender: Please print your name, address, and ZIP+4 in this box
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
0% ItI12111

¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
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or on the front if space permits.
1. Article Addressed to:
M. S. Ritchie Construction
9604 Callis Court
Harrisburg, NC 28075
DWQ# 03-0144 - Cabarrus County
A. S' lure
xi l Agent
? Addre
B. Received by (Printed Name) C. Dqte of feel
77-
D. Is delivery address different from item 1?I U Ydk
if YES, enter delivery address below: ? No
3. Se- e Type
L?J Certified Mail ? impress Mail
? Registered ld Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7002 2410 0003 0275 0843
(Transfer from service labe
PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-Z-09i
UNITED STATES POSTAL SERVICE
First-Class Mai
Postage & Fee
USPS
Permit No. G-1
111111
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
0 % I I I I I I 1 0 6 1 111111111I11 1111111111III111111111111111tIIIIIIIIIII
DWQ# __Pa-n ?I c Triage On-Hold Letter 2.0 Staff Contact
$$) Plan Detail Incomplete

Date -- _1 'Z-- V ?>
? Please provide a location map for the project. a ti
? Please show all stream impacts including all fill sloes, dissipators, and bank stabilization on the site plan.
vJ
La Please show all wetland impacts including fill slopes on the site plan. n ( 11
? Please indicate all buffer impacts on the site plan. a.v' ) bf S
Please indicate proposed lot layout as overlays on the site plan. t/ t L t 1
r? . Please indicate the location of the protected buffers as overlays on the site plan,
pQ Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
/?\ Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
r
?1#
c3 Please Indicate the diffuse flow provision measures on the site plan, v ` PI QASL' ?? s? Icy ? t,?k-?
Avoidance and/or Minimization Not Provided

? Please indicate all stonnwater ouffalis on the site plan.
b? t??-t'atP
? Please Indicate whether or not the proposed Impacts already been conducted. o? k'roI , t'c
(The.a on the plants does not appear to be necessary. Please eliminate the or provide additional Information as to why
It is necessary.for this project
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the Please
revise the plans to avoid the Impacts..
This Office believes that the ? labelarton the plans ar can be moved or reconfigured to minimize the impacts to the Please
revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please
revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If It Is not possible to achieve diffuse
flow through the entire buffer then. It may be necessary to provide stormwater management practices that remove nutrients before the slomtwater
can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was requested. Please provide $
This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
D Please provide a signed copy of the application.
? Please provide copies of the application,
$$) Mitigation
copies of the site plans and other supporting information.
? of compensatory mitigation Is required for this prcject. Please provide a compensatory mitigation plan, The plan must conform
to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of Impacts proposed.
? Please Indicate which 404 Permit the USACE would use to authorize this project,