19920251 Ver 1_COMPLETE FILE_19920625

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State of North Carolina
Department of Environment, Health, and Natural Resources
James G. Martin, Governor
Will WToom XI46t er tan
Robert C. Rhein
9101 Southern Pi.
Suite 200
Charlotte, N.C.
Dear Mr. Tucker:
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
June 25, 1992
Interests, Inc.
nes Blvd.
28273
George T. Everett, Ph.D.
Director
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Residential development
Mecklenburg County
DEM Project #92251
Upon review of your request for Water Quality Certification
to place fill material in 0.995 acres of wetlands for
residential fill located at Pineville, west of NC 16, off of Tom
Short Drive in Mecklenburg County, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2671 issued January 21, 1992. 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. Additional conditions are that
stormwater may not be discharged directly into adjacent streams
but must be designed to sheetflow across the remaining wetlands
on the site. Also, all private lots with wetlands must have deed
restrictions to prevent additional fill without written approval
of the Corps of Engineers and Division of Environmental
Management.
If you have any questions, please contact John Dorney
at 919/733-5083.
Peo rge T. E
verett
GTE:JD/rhein.ltr/jrd-gc
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files REGIONAL. c)Fl1Cf-5
Ashcville Mr. F>r?jAill9panglgw.,,,awirrett ?jpys and V?"paiates Wilmington Winston-Salem
704251-6208 919/486-1541 7(4/663-1699 919/571-47(X) 919/94C4A81 919/395-39(X) 919/890-7007
S' c ,
oy
Pollution Prevention Pays
P.U. Box 29535, Raleigh, North Carolina 276204)535 Telephone [phone]
An Equal t)plwmtmity Alfirmatw Action f`mplcwr
WETLAND RATING SYSTEM WORKSHEET
i 111
?roject No. or description L
Location
County a/ N arrest road or town
River basin
Nearest stream and classification
Evaluator
Agency and address
qMK7U) ?-)
Date and time evaluated- (n I )Lfq), r'?' Y--?
acres
acrnees? FDA -
t,? ? ? (D?J na.?
P C4i"?
Three most common plant species (in order):
Major Wetland Type 1y Ft-?j
Approximate size of wetland system
Approximate ex ent of wetlands in area
within miles
Soil Series (if known)
Hydrologic indicators PIatY,
Direct surface hydrologic connection,
Disturbance
Restoration potential
Restoration value
Existing Conditions
Drainage V? C-
NO
Is site known to provide habitat for rare, endangered or
threatened species?(Nri if so, list species observed or recorded.
Item No.. .
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11 Economic value
Total score
Site description and notes:
0 'W =01WAOi FP
0
0
<0 mo sl •
0
0
0
5 ? 1
Score (circle one)
5
5 4 3 2
5 4 3 0
5 4 3 /Q 1
5 4/<t? 2 1
5 4 3 1
5 4 3 1
5 4 3 2 1
5 4 3 1
5 4
5 4 2 1
? sew
r

13
WETLAND RATING SYSTEM WORKSHEET
Project No. or description
---?_d[
Location
County " Nearest road or town
River basin
Nearest stream and classification
Evaluator
Agency and address
Date and time evaluated d I
Major Wetland Type tJOAO
Approximate size of wetland syste 0,3 acres
Approximate extent of wetlands i areaacres
within Il miles r`
Three most comm n plant species (in order): r
I?OI
Soil Series (if known)
Hydrologic indicators S1
Direct surface hydrologic c
Existing Conditions
Drainage
Disturbance
Restoration potential-
Restoration value
Z S?
ection. YES
Is site known to provide habitat for rare, endangered or
threatened species?If so, list species observed or recorded.
Item No..
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11 Economic value
Score (circle one)
5
5 4 3 2 1
5 4 3 2 1
5 4 3 1
5 4 2 1 0
5 9 2 1
5 4 3 2 1
5 4 3 2 1
5 4 3 2 1 0
5 4 3 0 1 0
5?` 3 2 ® 0
Prr( 4r' 1?
(1A r V'L '
Total score
Site description and notes:
13
J

?C

WETLAND RATING SYSTEM WORKSHEET
project No. or description TJ) JJ A
saw
Location ??nn
County DV` Nearest road or town
River basin
Nearest stream and classification C
Evaluator
Agency and address
Date and time evaluated
Major Wetland Type
Approximate size of wetland system acres
Approximate ext?nt of wetlands in area 10 acres
within 1-' miles
Three most common plant species (in order):
off..
Soil Series ?- /
(if known)
Hydrologic indicators
Direct surface hydrologic c nection? ES NO
Existing Conditions
Drainage
Disturbance A
Restoration potential yl
Restoration value
Is site known to provide habitat for rare, endangered or
threatened species?. If so, list species observed or recorded.
Item No...
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11 Economic value
Score (circle one)
5
5 4 3 2 1
5 4 ® 2 1
5 4 2 1
5 2 1
5 4 2_ 1
5 4 2 1
5 3 ?_ 1
5 3 2 1
0<1
5 4 (W 2 1
5 4 3 Q 1
Total score
Site description and notes:
9
0
0
0 b 100 - ,,r-. -
0
0
0

13
W
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 11, 1992
Regulatory Branch
Action ID. 199202380 and Nationwide Permit No.,01,261
(Headwaters and Isolated Waters)
Mr. Tom Tucker
Robert C. Rhein Interests
9101 Southern Pines Boulevard, Suite 200
Charlotte, North Carolina 28273
Dear Mr. Tucker:
JINN I ? 1992
id[A bs G mt-1'
Reference your application of April 29, 1992, for Department of the Army
authorization to place fill materials into approximate1y''"ik'99-acres "bf forested
wetlands adjacent to Flat Branch at Hunter's Gate Subdivision off Landen Ford
Drive and Tom Short Road south of Charlotte, Kadklenburg County, North
Carolina. The purpose of this proposed work is to develop residential lots.
Flat Branch is a headwaters tributary to Sixmile Creek.
For the purposes of the U.S. Army'Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
C. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
a
10
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. In addition
to the conditions on the enclosed sheet, the following special conditions also
apply to this project and are required to insure minimal impacts:
1. Prior to any filling activity, the permittee will stake the proposed
fill limits on lots 94, 96, 105, and 106 and have this line verified
in the field by a representative of the Corps of Engineers.
2. The permittee will notify the purchasers of lots 69, 70, 71, 72
73, 94, 96, 99, 105, and 106 that wetlands, subject to Corps of
Engineers regulatory jurisdiction, are located on their property.
Notification will include a copy of the Wetland Location Map for
Hunter's Gate at Landen dated March 5, 1992.
This nationwide permit does not relieve you of the responsibility to
obtain any required State or local approval. You are reminded that any
additional fill in wetlands within this subdivision will be subject to the
notification requirements under Nationwide Permit 26.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Steven Lund, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
0
I' s?
-3-
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Wality Section
Dof Environmental Management
M/nvironment, e orney
rolina Department of
Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
r
ao
DIVISI(
June 5
)N OF ENVIRONMENTAL MANAGEMENT
1`92
MEMORANDUM TO: John Dorney D L5 D U L5
FROM; D. Rex Gleason,
rp V11 JUN -- 919A2
PREPARED BY: W. Allen Hardy WAA
SUBJECT: 401 Certification Re iew
DEM ID No. 92251
Mecklenburg County
This Office has reviewed the subject: 401 Certification and
offers the following comments:
An on-site inspection revealed the wetlands to he of low
value. The application package states that there will only be
a total of 0.995 acres of wetlands imparted.
It is recommended that the permit. be issued.
L7
'q? ? Z?-- I
DEM ID: / (- . L ?? ACTION ID: -
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT f):
1) r.
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENT,
NC DEPARTMENT OF ENVIRO
AND NATURAL RESOURC
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
L&"GEMENT ---
11MEALTHI,
r M Ay 1992
ND;
ALf(Y SL?;i?''
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Robert C. Rhein Interests, Inc.
2. OWNERS ADDRESS: 9101 Southern Pines Blvd., Suite 200
Charlotte, NC 28273
3. OWNERS PHONE NUMBER (HOME): N/A (WORK) : [phone]
' 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Mr. Tom Tucker Rbt C Rhein Interests, Tnr
Mr. James Spangler, Barrett Kays and Assnr;atPC, P A
304 E. Jones Street
Raleigh NC 27601 [phone]
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Mecklenburg
NEAREST TOWN OR CITY: Pineville
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
West of NC 16, South of Providence Road West Located adjacent to Landen
Ford Drive, just off of Tom Short Drive just past the Polo Club grounds.
6. NAME OF CLOSEST STREAM/RIVER: Flat Branch, trib. to Simile Creek.
7. RIVER BASIN:
Catawba
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [X)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [X) NO [ ) Action ID # 199200002
IF YES, EXPLAIN. October 22, 1991 General Permit # CESA14-CO81-N-060-0049
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 13.5 acres
3/30/92
t
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED: _
TOTAL IMPACTED:
0.995
-0-
-0-
-0-
0.995
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Grading and site
preparation jor residential development.
13. PURPOSE OF PROPOSED WORK: Residential development.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED-OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Impact minimization includes: 1) 11.952 acres deeded to Meck. Co.
Parks & Rec for Greenway; 2) 0.884 additional acres on development parcels
not to be filled; 3) 25' buffer along back of lots 69-73 to be deed restricted
to prevent clearing.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES ( ) NO (X)Not required
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES ( J NO [X]Not required
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. Map dated 3/5/92 (Revised 4/29/92).
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. N/A
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. On file with Corps.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. N/A
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Package Plant.
EE RR 'SS SIGNATURE DATE