19890433 Ver 1_Complete File_19890101

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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
William %V Cobey, Jr., Secretary April 5, 1989 Director
Mr. Ted L. Waters, P.E.
Barrett Kays & Associates
304 E. Jones Street
Raleigh, NC 27601
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
McMahan-Carver Properties
-North Ridge Shopping Center
Gaston County
Dear Mr. Waters:
Upon review of your request for Water Quality
Certification to place fill material in wetland areas
adjacent to Duharts Creek, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2176 issued November 4, 1987. A copy of
the General Certification is attached. This Certification
may be used in qualifying for coverage under Corps of
Engineers' Nationwide Permit No. 26.
If you have any questions, please contact Bill Mills at
919/733-5083.
RPW/dkb
Attachment
Sincerely,
?R. Paul Wilms
cc: Wilmington District Corps of Engineers
Mooresville Regional Office
Pollution Prerentior Pays
P.O. Box 27687, Ralcigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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Bane ft Xays s ssodates
Civil Engineering/Environmental Engineering/Environmental Assessment
March 30, 1989
Mr. Bill Mills
NC Division of Environmental Management
Department of Natural Resources
and Community Development
P.O. Box 27687
Raleigh, NC 27611
Re: North Ridge Shopping Center Tract
Gaston County, North Carolina
Dear Mr. Mills:
Attached is a copy of the COE Predischarge Notification Form for
Nationwide Permit 26 and a map showing the location of proposed
fill on the North Ridge Shopping Center tract. It is proposed to
fill a total of 1.0 acres of wetlands to allow for the
construction of a shopping center with utility extensions and
parking. The areas to be filled are located above the headwaters
of Duhart Creek.
This letter is to request written confirmation that this proposed
fill is authorized by your General 401 Certification covering
fills of one to ten acres of wetlands above the headwaters.
Sincerely,
()Ted L. Waters, P.E.
Associate
TLW:jw
Attachment
J ?
MAR 3 0 I M
WATER QUALITY "ECTIU.d
GPER,A1'IOMS i'rtN?iChf
304 East Jones Street / Raleigh, North Carolina 27601
Telephone: [phone] Fax: [phone]
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
SAW26-89- ATTN: CESAW-CO-E
PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26
NOTES: If Item A.7. (below) is 10 acres or more or if any of the
conditions listed in Section B. (below) are not met, the applicant must
submit an individual permit application. Please contact the District for
forms and information.
Applicant is required to obtain a Section 401 Water Quality Certification
from the State of North Carolina for NWP 26 to be valid. This
certification should be furnished with this pre-discharge notification.
PLEASE PRINT
A. 1. NAME: McMahan-Carver Properties c/o Barrett Kays & Associates
2. ADDRESS: 304 East Jones Street
Raleigh, NC 27601
3. PHONE NUMBER (HOME): (WORK): [phone]
4. LOCATION OF PLANNED WORK: COUNTY: Gaston
SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS, ETC.):
Property bounded on the south by Duhart Creek and I-85. on the north
by Remount Road, and on the east by Aberdeen Blvd (Flyroad).
5. DESCRIPTION OF PROPOSED WORK: Filling of jurisdictional wetlands
and waters of the U.S.
6. PURPOSE OF PROPOSED WORK: Urban Commercial Development
7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE
LOST OR SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE
PROPOSED WORK (EXPRESS IN TENTHS OF ACRES): 1.0
8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE:
Wetlands and waters are above the headwaters.
10 .
9.
DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED
SPECIES ON OR NEAR THE PROPOSED PROJECT AREA: YES [
IF YES, INDICATE WHAT SPECIES:
10. DO YOU HAVE KNOWLEDGE OF HISTORIC PROPERTIES WHICH ARE
LISTED OR DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL
REGISTER OF HISTORIC PLACES THAT OCCUR IN THE VICINITY OF THE
PROPOSED PROJECT? YES [ ] NO [X]
11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ ] NO [X]
B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE
NATIONWIDE PERMITS TO BE VALID (33 CFR 330.5-.6):
MET NOT DIET
1. DISCHARGE OF DREDGED OR FILL [X] [ ]
MATERIAL WILL NOT OCCUR IN THE PROXIMITY
OF A PUBLIC WATER SUPPLY INTAKE.
2. DISCHARGE OF DREDGED OR FILL [X] [ ]
MATERIAL WILL NOT OCCUR IN AREAS OF
CONCENTRATED SHELLFISH PRODUCTION UNLESS
THE DISCHARGE IS DIRECTLY RELATED TO AN
AUTHORIZED SHELLFISH HARVESTING ACTIVITY.
3. THE ACTIVITY SHALL NOT SIGNIFI- [X] [ ]
CANTLY DISRUPT THE MOVEMENT OF THOSE
SPECIES OF AQUATIC LIFE INDIGENOUS TO
THE WATERBODY (UNLESS THE PRIMARY
PURPOSE OF THE FILL IS TO IMPOUND
WATER) .
4. DISCHARGE OF DREDGED OR FILL [X] [ ]
MATERIAL SHALL CONSIST OF SUITABLE
MATERIAL FREE FROM TOXIC POLLUTANTS IN
TOXIC AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED [X] [ ]
SHALL BE PROPERLY MAINTAINED.
6. THE ACTIVITY WILL NOT OCCUR IN A [X] [ ]
COMPONENT OF THE NATIONAL WILD AND
SCENIC RIVER SYSTEM; NOR IN A RIVER
CURRENTLY DESIGNATED BY CONGRESS AS A
"STUDY RIVER" FOR POSSIBLE INCLUSION.
] 110 [X]
7. THE CONSTRUCTION OR OPERATION OF [X] [ ]
THE ACTIVITY WILL NOT IMPAIR RESERVED
TRIBAL RIGHTS.
C. MANAGEMENT PRACTICES. THE FOLLOWING MANAGEMENT PRACTICES
SHALL BE FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE. FAILURE
TO COMPLY WITH THESE PRACTICES MAY BE CAUSE FOR REQUIRING AN
INDIVIDUAL PERMIT. APPLICANT SHOULD PROVIDE EXPLANATION FOR
MANAGEMENT PRACTICES NOT MET.
14ET NOT MET
1. DISCHARGE OF DREDGED OR FILL [XJ [ ]
MATERIAL INTO WATERS OF THE UNITED
STATES SHALL BE AVOIDED OR MINIMIZED
THROUGH THE USE OF OTHER PRACTICAL
ALTERNATIVES.
2. DISCHARGES IN SPAWNING AREAS [X] [ ]
DURING SPAWNING SEASONS SHALL BE
AVOIDED.
3. DISCHARGES SHALL NOT RESTRICT OR [X] [ ]
IMPEDE THE MOVF14ENT OF AQUATIC SPECIES
INDIGENOUS TO THE WATERS OR THE PASSAGE
OF NOP14AL OR EXPECTED HIGH FLOWS OR
CAUSE THE RELOCATION OF THE WATER
(UNLESS THE PRIMARY PURPOSE OF THE FILL
IS TO IMPOUND WATERS).
4. IF THE DISCHARGE CREATES AN [XJ [ ]
IMPOUNDMENT OF WATER, ADVERSE IMPACTS
ON THE AQUATIC SYSTEM CAUSED BY THE
ACCELERATED PASSAGE OF WATER AND/OR THE
RESTRICTION OF ITS FLOW SHALL BE
MINIMIZED.
5. DISCHARGE IN WETLAND AREAS SHALL [XJ [ ]
BE AVOIDED.
6. HEAVY EQUIPMENT WORKING IN [X] [ ]
WETLANDS SHALL BE PLACED ON MATS.
7. DISCHARGES INTO BREEDING AREAS FOR [XJ [ J
MIGRATORY WATERFOWL SHALL BE AVOIDED.
8. ALL TEMPORARY FILLS SHALL BE [X] [ ]
REMOVED IN THEIR ENTIRETY.
Ted L. Waters, P.E.
Associate
Barrett Kays and Associates
and Agent for Owner
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P IdANT'S SIGNATURE DATE