19880171 Ver 1_COMPLETE FILE_19880701

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
Director
S. Thomas Rhodes, Secretary June 29, 1988
Mr. Kevin Caldwell.
William G. Daniel & Assoc.
910 East Boulevard
Charlotte, NC 28203
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Dam for Lakes
NCNB Community Development
Corporation
Irwin Creek
Mecklenburg County
Dear Mr. Caldwell:
Attached hereto are two (2) copies of Certification No. 2250
issued to NCNB Community Development Corporation dated June 29, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Original Signed By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Moorevsille Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention PaYs
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
:. r
NORTH CAROLINA
Mecklenburg County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to NCNB Community Development
Corporation pursuant to an application filed on the 1st day of June,
1988 to construct 2 lakes along Irwin Creek associated with Gateway
Center.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Irwin Creek
in conjunction with the proposed dam in Mecklenburg County will not
result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
condition is made a condition of the Federal Permit.
This the 29th day of June, 1988.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For
R. Paul Wilms, Director
WQC# 2250

DIVISION OF ENVIRONMENTAL MANAGEMENT
June 17, 1988
MEMORANDUM TO: Bill Mills
''! 2
FROM: D. Rex Gleason i
SUBJECT: 401 Water Quality Certification
NCNB Community Development Corporation
Fill Placement in Irwin Creek
Mecklenburg County, N. C.
This office has reviewed the subject proposal to place
3900 cubic yards of fill material in Irwin Creek for the
establishment of two lakes near the intersection of I-77 and
Trade Street in Charlotte, North Carolina. Based on our review
we anticipate localized effect in water quality during the
construction phase. The effect should be of short duration
with no lasting or irreversible impact on water quality in
Irwin Creek.
If you have questions regarding these comments, please
advise.
DRG:sju

State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
June 10, 1988
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No. 0352 dated
6/2/88 describing a project proposed by The NCNB Community Dev. Copp.
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 6/24/88
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
JRP:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
RECEIVED
L,
MAY 2 3 1988
API WATiON
REGULATORY BRANCH
F
PER TO EXCAVATE AND/OR FILL WATER oUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER C^MA PERMIT FOR MAJOR DEVELOPMENT
Deoartniant of the Aiwiy
Depourmat of Adnilribvatlon State of North Carolina corps a Eri ift" , WYaii Owe Dbww
(GS 14&121 Depwtriant & Natunt Reaewraa and Co?ipaadty Oewalo0m
(GS 113-229,143-215.31&1(11, 143.2115.3(c), 113A•112 (33 CFA 209.324329)
Please type or print and fill in all blanks, if infatuation is not applicable, so indicate by placing NIA in Wank.
Applkarit Inn tion //
rrtv?li •,?
A. Nam W i i t-JA T[7ao-.11 Ed MC45-
Las First Middle I
5. Address 611o FULACD
? Street, . 4. Box or Route
e?l ? (O? /3
_ o k? ZSZo3 ?a? 33( R'
Citv or Town state: Zip Code Phone
it. Location of Proposed Projec
A. County Ma__L* s?ufzu
8. 1. City, town, community or landmark rvl2-t'l? i A
2. Is proposed work within city limits? Yes "No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
_J 7V_ liLk ,t?GI;IL..
111. Doscription of Project of i f
i?,+.t?uvrt:brs- ?1oc(E2- D.M?t?_
A. 1. Maintenance of existing project 2. New work
9. Purpose of excavation or fill
1. Access channel A/ length-width __depth -
2. Boat basin AJ IA- length-width depth
3. Fill area length width depth
4. Other l1Jk2*V- 04 i:61 length width depth - -
C. 1. Bulkhead length _.Alk.__ Average distance waterward of MHW (shoreline) - -
2. Type of bulkhead construction (material)
0. Excavated material (total fqr protect)
1. Cubic yards a- 2. Type of material
E. Fill material to be placed below MHW (see also VI A)
1. Cubic yards 3 Imp x'_ 2. Type of materfal
IV. Land Type, Disposal Area, and Construction Equipment.
A. Does the area to be excavated include any marshland, swamps or other wetlands Yes No
S. Does the disposal area include any marshland, swamps or other wetland' Yes No
C. Disposal Area ??
1. Location
2• Do you claim title to disposal area'
D. Fill material siiwce if lill is to be trucked in oG04- ;tL 6,1
E. How will excavated material be rntr Aped and erosion controlled) )kti
G T e t. ut?c?s D fn dnl? G? .?? n
F. T ypz of cquijimcnt io h; used 1.._,."Lliz ---
G, Will marshland he crossed in transporting equipment to project site' It yes, explain &12
D&F41
er IA"s
IL I. Lot sue(s) la I I&
2 EMvatlan of lot(") abate m"n high water
3. Sail type card texttm
4. Type of building facilities or structures S. Sewatp disposal andlor waste water treatment A. Exisdnj dIft Planned
a. Describe
6. Land Classification (circle one) EVELOP` TRAPvSt njNAi. COMMUNITY " RURAL
CONSERVA lUN ATHLR (See CAAAA Local Land Um Plan Synopsis)
VL hrlainint to fill arts Water Quality .
A. Does the prooosed cirnlect orvolve the placement of fill materials hefraw !-%eatt st3h water? Yrti_&/ _No _
L 1. Will any runoff or discharge enter adWent waters as result of praect activity or planned usa of the
area following praect carp tiona Yes.-No ?
2 Type of discharge -
3. Location of dischu>X
VIL Ptown rate of shwohne erosion of known)-,
VOL Ust perndt nnwribefli and isaw bates of previ Dowor sent of Army Cups of Enpnem or State perri to for
. auk In protect area, if aoplicalsle: ?a-h k
IX. Lxet{th of tMhe reouind to comokt* took t:
X Is addition to the cm -oieted mWicadon fears, the Wowim irons trust be protruded:
A. Attach a copy of the deed (with State aopiit atlon only) or ocher inwument under which applicant
cairns title to the affected orcoerty. OR if applicant b not claiming to be the owner of said property,
then forward a copy of the doled or other instrwnNtt mdw which the owner claiaw titre plus written
permission from the owner to carry out the woieet on his land.
L Attach an accurate work olat drawn to scale on 9% X 11"white paver (see instruction booklet for
doUils). Note: Original drawings preferred • only h,gh quality copies accepted.
G A r=opy of the application and plat must be served uvon adiacent riparian landowners by registered at
certified mail or by ouoltcatton (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the rtoartan landowners with prooerty adloining applicant's.
Such owners have 30 davs to which to submit comments to agencies listed below.
XL Certification requirement: I certify that to L"e best of my knowiedes, the proposed activity complies
with the State of North Caroltnak approved coastal management orovarn and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this aaaltcation will allow only the development described in this apph
cation and plat. Apoficants should therefore describe in the aoolialion and playall ntlclpated deve!-
opnwrit activities, including construction, excavation, filling, an nd clearing.
DATE
Aoolicant's Signature ?/?1F3 ?pinmutilt

LOCATION MAP
SCALE: 1200'

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 26, y 1988
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO88-N-060-0352
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:

Enclosed is the application of the NCNB Community Development
Corporation, represented by William G. Daniel and Associates, for
Department of the Army authorization and a State Water Quality
Certification to place fill material in the waters/wetlands of
Irwin Creek to establish 2 lakes, associated with Gateway Center,
Charlotte, Mecklenburg County, North Carolina. Your receipt of
this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant
to Section 404 of the Clean Water Act, and we have determined that
a water quality certification may be required under the provisions
of Section 401 of the same law. A Department of the Army permit
will not be granted until the certification has been obtained or
waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is a reasonable time
for State action. Therefore, if you have not acted on the request
by July 26, 1988, the District Engineer will deem that waiver has
occurred.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
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Copy Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC088-N-060-0352
June 2, 1988
PUBLIC NOTICE
THE NCNB COMMUNITY DEVELOPMENT CORPORATION, represented by WILLIAM G.
DANIEL AND ASSOCIATES, 910 East Boulevard, Charlotte, North Carolina 28203,
has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN THE
WATERS/WETLANDS OF IRWIN CREEK TO ESTABLISH TWO LAKES, ASSOCIATED WITH GATEWAY
CENTER, CHARLOTTE, Mecklenburg County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of approximately 3,900 cubic yards of
fill material below the elevation of ordinary water in Irwin Creek. The work
is to result in the establishment of 2 lakes on the northeast and southwest
sides of West Trade Street, southeast of its intersection with Interstate
Highway 77. The lake on the north is to be constructed above the channel of
Irwin Creek which is to be directed through a box culvert connecting the
existing culverts under West Trade and 5th Streets. The connecting culvert is
to be sized to accommodate the 100-year flood. This lake is to have 3 levels,
separated by waterfalls, and a depth of about 4 feet. Water elevations in
this lake are to be maintained by a water supply well and pump system. The
downstream or southern lake is to be impounded by installation of a rubber dam
across Irwin Creek. Under normal flow of approximately 12 cubic feet per
second (cps), a depth of flow of about 2 inches would crest above the dam.
The dam is to be constructed to deflate during flood events so as not to raise
the 100-year-flood elevation upstream of the project. An alternative is to
construct the downstream lake in a manner identical to the upstream lake. The
purpose of the work is to provide a water amenity to the proposed "Gateway" to
Charlotte. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
o'r ". ..a4 N
-2-
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United-States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria,•a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
?^ r
w
-3-
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of-reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
June 24, 1988.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before June 20, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above,
will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m.,
July 1, 1988, or telephone [phone].

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LOCATION MAP
SCALE: I"= 200'
t
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWCO88-N-060-0352
June 2, 1988
PUBLIC NOTICE
THE NCNB COMMUNITY DEVELOPMENT CORPORATION, represented by WILLIAM G.
DANIEL AND ASSOCIATES, 910 East Boulevard, Charlotte, North Carolina 28203,
has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN THE
WATERS/WETLANDS OF IRWIN CREEK TO ESTABLISH TWO LAKES, ASSOCIATED WITH GATEWAY
CENTER, CHARLOTTE, Mecklenburg County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of approximately 3,900 cubic yards of
fill material below the elevation of ordinary water in Irwin Creek. The work
is to result in the establishment of 2 lakes on the northeast and southwest
sides of West Trade Street, southeast of its intersection with Interstate
Highway 77. The lake on the north is to be constructed above the channel of
Irwin Creek which is to be directed through a box culvert connecting the
existing culverts under West Trade and 5th Streets. The connecting culvert is
to be sized to accommodate the 100-year flood. This lake is to have 3 levels,
separated by waterfalls, and a depth of about 4 feet. Water elevations in
this lake are to be maintained by a water supply well and pump system. The
downstream or southern lake is to be impounded by installation of a rubber dam
across Irwin Creek. Under normal flow of approximately 12 cubic feet per
second (cps), a depth of flow of about 2 inches would crest above the dam.
The dam is to be constructed to deflate during flood events so as not to raise
the 100-year-flood elevation upstream of the project. An alternative is to
construct the downstream lake in a manner identical to the upstream lake. The
purpose of the work is to provide a water amenity to the proposed "Gateway" to
Charlotte. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the.applicability of a
Water Quality Certificate as required by PL 92-500.

-2-
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
r
o4i ,.
-3-
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of'reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
June 24, 1988.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before June 20, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above,
will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m.,
July 1, 1988, or telephone [phone].

six
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LOCATION MAP
SCALE: I"= 200'