19910006 Ver 1_COMPLETE FILE_19910202

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street A Raleigh, North Carolina 27611
James G. Martin, Govemor May 3, 1991 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
H.H.J. L&M Associates
c/o Mr. George Bason, Jr.
6129 South Church Street
Burlington, North Carolina 21090
Dear Mr. Bason:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Pond Construction
Alamance County
Upon review of your request for Water Quality Certification
to place fill material in 0.36 acres of wetlands for construction
of four ponds at Mill Pointe at the Country Club,.-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 John Dorney
at 919/733-5083.
Sincerely,
George T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
W?inston-Salem Regional Office
, r. John Dorney
Central Files
Polludon Pmvendon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
+r
GENERAL CERTIFICATION ,
THIS GENERAL 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
1514CAC2H, Section .0500 for the discharge of fill material
to navigable waters or adjacent wetlands areas which are
above the headwaters or to wetland areas that are not a part
of the surface tributary system to interstate waters or
navigable waters of the United States (i.e..isolated
wetlands) as described in 33 CFR 330.5(a) (26) of the Corps
of Engineers' regulations. The category of activities shall
include any fill activity in these headwaters and•,,,isolated
wetlands . areas .where.(the -.activity -does -?oVrresU'ktfJz0the
loss or • substantial:-modi-fibation 'off4.10 *acres -,or more of
waters of the United .:-.States,_ includifiq-?44ietlands
The State of North:,Carol-.na: ca ftifies that -the
specified category-of- :activity ---Will' not _-violate Sections
301, 302, 3.03, 306 .•and .-307* of =the 'Public Laws--.92-500 `and i
95'-217•if conducted in,accordance with the conditions
hereinafter set forth.
Conditions of Certification:
1. Proposed fill or-substantial modification of 1-to
10 acres of such waters, including wetlands,
requires a written concurrence from the Division
.of Environmental Management. Activities involving
less than one acre do not require written
concurrence.
2. Excluded from this General Certification are
discharges of fill in waters classified WS I, II,
or III (pub) ic water supplies) and SA (shellfish
waI eI- :l T11i" ox(-.-lesion also appl ies to fill in
w t l:rn i r(i l,icont t.) t hose waters. Discharge
rnl>r.?<;cc? f()r these waters or wetlands must be
rn ; i dore(l f or cert i f i cat ion on a case-by-case
w
4l
- 2 -
3. That the discharge will consist of suitable
material free from toxic pollutants in other than
trace quantities;
4. That established erosion control practices are
utilized to prevent excessive increases in
turbidity and settleable solids concentrations in
the water body as a result of the-discharge;
5. That the discharge of fill material-shall be in
accordance with the conditions and management
practices specified by the Corps of Engineers in
33.CFR.330.5.and 330.6 for.nationwide permit
Non-compliance: with or violation oi-=the-conditioas
herein set forth :by;Atim iecific fill project?,shall-result in
revocation of this.: Ceit f catioin for•,cthe-F:pro jest: •-
The Director of orth.Carolina Division-of
Environmental-•Managemgntls 'age requiremsiibmissiba:iof --a - formal
application -forcati on, for-:any, projeot- in this
category of activity, 'if it is. determined'_thit''the project
is likely-to have a significant adverse effect upon,vater
quality or degrade the waters so that existing uses are
precluded.
Public Hearings may be held for specific applications
or group of applications prior to Certification if deemed in
the public's best interest by the Director of the North
Carolina Division of Environmental Management.
This the day of ?ld rte.. j !
?
D I V I S I ON OF' I:r`V I RONYF.NTA MAN AGFMENT
1? iI;IIII Wilms,, I)lrCCI
1 0-4*
NORTH CAROLINA DEPARTMENT OF ENVIRONMEN 0?lL
C?
HEALTH AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMEN
April 23, 1991
M E M O R A N D U M
- - - - - - - - - -
TO: John Dorney
THROUGH: M. Steven Mauney
FROM: Eric Galamb r'!
SUBJECT: 401 Certification
Burlington Municipal Airport
Mill Pointe at the Country Club
Alamance County
The WSRO recommends that the 401 Certificates be issued
for the above subject.
Attached are the wetland rating sheets for the subject
projects.
EEG/vm
Attachment
cc: WSRO

WETLAND RATING SYSTEM WORKSHEET
Project No. or description A16
?r ?j
Location ??ze-
k ?asf C?SW
River asin and nearest permanent stream
Evaluator Eric
Agency aRd address l (JJS,?y
Date and time evaluated f l t 3
Major Wetland Type
Approximate size of wetland system acres
Approximate extent of wetlands in area acres
within miles
Three most dominant plant species (in order) S`(??""
to
Soil Series `1?uS5
(if known)
Hydrologic indicators
Direct hydrologic connection? (circle one) YES O
Existing Conditions
Drainage a
Disturbance
Restoration potent
. Does site provide habitat for endangered or threatened
species? If yes, then score equals 100%. State reasons for
exceptional status.
Item No. Score (circle one)
I. Location/Landscape '

1 Natural area buffer
5 r
1
2 Sensitive watershed 5 0
II. Ecological Values
3 Special ecological attributes 5 3

4 Dispersal corridor system
5
W V
5 Wildlife 5 3 0
6 Aquatic life 5 3 1 OCR
7 Water storage 5 3 1
8 Streambank stabilization 5 3 0
9 Removal sediment/toxicant 5 3 1
10 Removal/transform nutrients 5 3 1
11 Groundwater recharge/discharge 5 3 1
III. Human Values
12 Outdoor recreation/education 5 3 1
13 Commercial value 5 3 1
Total score
s0
Percent score
5 ?
(out of a total of 65 points)
Site. description and notes: , S
\S

12

RStff.
Arch itects•Engineers•Planners, Inc.
Oak Branch Drive, Suite 2-A
Greensboro, North Carolina 27407
919.852.6152
Fax [phone]
March 13, 1991
Mr. John Dorney
Water Quality Section
Division of Environmental Management 12131
N.C. Department of Environment, Health, and
'
Natural Resources 4l
o
?
9
P.O. Box 27687 c
,?
'
9?9
Raleigh, NC 27611-7687
Re: Mill Pointe At The Country Club 3 dOO'?gBa-''
El on College, NC
AEP N
290
0534
002
o.
-
-

Dear Mr. Dorney:
Enclosed are two (2) copies of our preliminary site plan for the above
mentioned project. Phase I of the proposed construction has recently been
completed. At thi.s time we are beginning design for the four (4) small,
recreational ponds as indicated on the map. We would lik e for your office to
look at this project in regards to the Section 401, Water Quality
Certification.
We are certainly available to meet you or someone from yo ur staff at the site,
if necessary. If we may be of this or any other service, please advise.
Very truly yours,

Paul Fisher, P.E.
kc
Enclosures

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 7, 1991
Regulatory Branch

SUBJECT: File No. CESAW-C091-J-001 and Nationwide P
'
(•?-.?? 0
{'?y9n{NA x¢9
li"Jf; •' 4
HHJL&M Associates N1
c/o Mr. George Bason, Jr. ". a
1629 South Church Street
Burlington, North Carolina 21090
.! //JJJyyJ,/?J J
'SS 4_?J?
Gentlemen:
On February 25, 1991, Mr. John Thomas of my staff conducted a site visit
of the proposed Mill Point housing development located at Truitt Drive
adjacent to Gum Creek south of Elon College, Alamance County, North Carolina.
Also in attendance was Mr. Robert Grill and Mr. Paul Fisher of RS&H
Engineering Consultants, and Mr. George Bason, Jr., of Remax Realty. The
purpose of this meeting was to discuss plans for the proposed housing
development and to inspect the site for wetlands subject to Department of the
Army permitting authority.
The meeting revealed that the site is located adjacent to Gum Creek. A
review of the proposed development plans and the delineation of wetlands on
the proposed site showed that approximately 15,750 square feet of wetlands
(0.36 acre) located adjacent to and above the headwaters of the aforementioned
tributary would be directly altered as the results of the construction of four
separate ponds. All other proposed development was on high ground.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330, published in the Federal Register
on November 13, 1986, lists nationwide permits. Authorization was provided
for discharges of dredged or fill material into non-tidal rivers, streams, and
their lakes and impoundments, including adjacent wetlands, that are located
above the headwaters and other non-tidal waters of the United States,
including adjacent wetlands, that are not a part of a surface tributary system
to interstate waters or navigable waters of the United States.
4
Your proposed work, involving the discharge of fill material into less
than an acre (0.36 acre) of waters and wetlands of the United States located
above the headwaters of the aforementioned tributary, is authorized by
nationwide permit provided it is accomplished in strict accordance with the
enclosed conditions. Please be aware that this authorization does not relieve
you of the responsibility to obtain any other required State or local
approval. You should contact Mr. John Dorney, North Carolina Division of
Environmental Management, [phone], to obtain the necessary Section 401,
Water Quality Certification prior to starting work.

of 4... .0•%
-2-
This verification will be valid until the nationwide permit is modified,
reissued, or revoked. All nationwide permits are scheduled to be modified,
reissued, or revoked prior to January 13, 1992. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing changes when they occur. Furthermore, if you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have 12 months from the date of the
modification or revocation to complete the activity under the present terms
and conditions of this nationwide permit.
Please be reminded that no excavated or fill materials may be placed in
any waters or wetland areas without prior Federal permit authorization.
Please contact this office for any future proposed impacts in any water or
wetland areas subject to Department of the Army permitting authority.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. Thomas, Raleigh Regulatory Field Office, telephone (919)
846-0648.
Enclosure
Copies Furnished (with enclosure):
Mr. Robert Grill
RS&H Architects, Engineers, & Planners
Suite 2A Oak Branch Drive
Greensboro, North Carolina 27407
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Regional Office Manager
North Carolina Department of
Environment, Health and
Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Mr. John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Management
of
27611-7687
J r_0*
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 7, 1991
Regulatory Branch
SUBJECT: File No. CESAW-C091-J-001 and Nationwide Permit No. 26
HHJL&M Associates
c/o Mr. George Bason, Jr.
1629 South Church Street
Burlington, North Carolina 21090
Gentlemen:

-`
On February 25, 1991, Mr. John Thomas of my staff conducted a site visit
of the proposed Mill Point housing development located at Truitt Drive
adjacent to Gum Creek south of Elon College, Alamance County, North Carolina.
Also in attendance was Mr. Robert Grill and Mr. Paul Fisher of RS&H
Engineering Consultants, and Mr. George Bason, Jr., of Remax Realty. The
purpose of this meeting was to discuss plans for the proposed housing
development and to inspect the site for wetlands subject to Department of the
Army permitting authority.
The meeting revealed that the site is located adjacent to Gum Creek. A
review of the proposed development plans and the delineation of wetlands on
the proposed site showed that approximately 15,750 square feet of wetlands
(0.36 acre) located adjacent to and above the headwaters of the aforementioned
tributary would be directly altered as the results of the construction of four
separate ponds. All other proposed development was on high ground.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330, published in the Federal Register
on November 13, 1986, lists nationwide permits. Authorization was provided
for discharges of dredged or fill material into non-tidal rivers, streams, and
their lakes and impoundments, including adjacent wetlands, that are located
above the headwaters and other non-tidal waters of the United States,
including adjacent wetlands, that are not a part of a surface tributary system
to interstate waters or navigable waters of the United States.
Your proposed work, involving the discharge of fill material into less
than an acre (0.36 acre) of waters and wetlands of the United States located
above the headwaters of the aforementioned tributary, is authorized by
nationwide permit provided it is accomplished in strict accordance with the
enclosed conditions. Please be aware that this authorization does not relieve
you of the responsibility to obtain any other required State or local
approval. You should contact Mr. John Dorney, North Carolina Division of
Environmental Management, [phone], to obtain the necessary Section 401,
Water Quality Certification prior to starting work.
w1
s
sA
-2-
This verification will be valid until the nationwide permit is modified,
reissued, or revoked. All nationwide permits are scheduled to be modified,
reissued, or revoked prior to January 13, 1992. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing changes when they occur. Furthermore, if you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have 12 months from the date of the
modification or revocation to complete the activity under the present terms
and conditions of this nationwide permit.
Please be reminded that no excavated or fill materials may be placed in
any waters or wetland areas without prior Federal permit authorization.
Please contact this office for any future proposed impacts in any water or
wetland areas subject to Department of the Army permitting authority.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. Thomas, Raleigh Regulatory Field Office, telephone (919)
846-0648.
Enclosure
Copies Furnished (with enclosure):
Mr. Robert Grill
S&.H Architects, Engineers, & Planners
Suite 2A Oak Branch Drive
Greensboro, North Carolina 27407
Copies Furnished (without enclosure):
Regional Office Manager
North Carolina Department of
Environment, Health and
Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Mr. John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Management
of
27611-7687
?i
•
r'
CONDITIONS
a. Any discharge of dredged or fill material will not occur in the
proximity of a public water supply.
b. The activity will not jeopardize a threatened or endangered species as
identified under the Endangered Species Act, or destroy or adversely modify
the critical habitat of such species.
C. The activity will not significantly disrupt the movement of those species
of aquatic life indigenous to the.waterbody (unless the primary purpose of the
fill is to impound water).
d. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
e. Any structure or fill will be properly maintained.
f. If the activity may adversely affect historic properties which the
National Park Service has listed on, or determined eligible for listing on,
the National Register of Historic Places, or if significant historic
properties are encountered before or during work, the permittee will notify
the District Engineer.
g. An individual state water quality certification must be obtained or
waived. Conditions of certification will be considered to be special
conditions of the Federal nationwide permit.
h. The following management practices will be followed to the maximum
extent:
(1) Discharges of dredged or fill material into waters of the United
States will be avoided or minimized through the use of other practical
alternatives.
(2) Discharges in spawning areas during spawning seasons will be
avoided.
(3) Discharges will not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of normal or expected high
flows or cause the relocation of the waters (unless the primary purpose of the
fill is to impound water).
(4) If the discharge creates an impoundment of water, adverse impacts
on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow will be minimized.
(5) Discharge in wetland areas will be avoided.
(6) Heavy equipment working in wetlands will be placed on mats.
(7) Discharges into breeding areas for migratory waterfowl will be
avoided.
(8) All temporary fills will be removed in their entirety.