19930199 Ver 1_COMPLETE FILE_19930729

State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ® E H N
A. Preston Howard, Jr., P.E., DirecArly 29, 1993
Mr. Robert J. Leslie
Route 11, Box 714
Mooresville, N.C. 28115
Dear Mr. Leslie:
Subject: Proposed fill in Wetlands or Waters
Commercial development
Iredell County
DEM Project # 93199, COE # 199301536
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.44 acres of wetlands or waters which are
tributary to Reed Creek for commercial development located at US 21
and NC 150 in Iredell County as described in your submittals dated 8
May and 25 May 25 1993, 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. An additional condition is
that a final stormwater plan including a wet detention pond design
must be approved by DEM.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincer 1
U"
A. P eston ward, Jr. P.E.
93199.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
B.K. Barringer; B. K. Barringer and Associates
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
olurC uj ivurrn ?_aroiina
Department of Environment,
Health and Natural Resources 4 7• •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary C) C H N F1
A. Preston Howard, Jr., P.E., Director-
June 21, 1993
Mr. Robert J. Leslie READER FILE
Route 11, Box 714
Mooresville, N.C. 28115
Dear Mr. Leslie:
RE: 401 Water Quality Certi:?`ication
DEM Project # 93199
Iredell County
On 22 April 1993, I sent you a letter concerning additional
information needed by the Division of Environmental Management
concerning your proposed fill of 0.44 acres of wetlands near NC 150
and US 21 in Iredell County. Your consultant (Mr. Donald Munday)
responded with additional information on 25 May 1993. We still
believe that the wetlands are performing significant pollutant removal
functions which help to protect the downstream water supply. Also we
are not certain that the wetlands will need to be filled for the
entire project (Phases I and II). However we are willing to agree to
the fill of the 0.44 acres of wetlands if a wet detention pond is
built to handle runoff from the entire site (Phases I and II). The
pond would have to handle upstream runoff as well as runoff from the
site and be built and maintained to meet DEM specifications for water
supply watersheds.
Please advise whether this general approach is acceptable. I can
be reached at 919-733-1786. I believe that this solution will allow
you to build your development as planned and take advantage of the
commercial value of the property as well as result in protection of
downstream water quality for the water supply.
Sincerely,
<<o nn R. Do-finey
93199a.stp
cc: Mooresville DEM Regional Office ?
Asheville Field Office COE
Wilmington District COE
Central Files
Mr. Donald Munday; B.K. Barringer, Jr. P.E.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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IMPORTANT
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WHILE YOU WERE OUT
CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
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WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Messa
Signed
N.C. Dept. of Environment, Health, and Natural Resources

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MEMORANDUM' PRINT NAMES: ?L?
Reviewer
TO: John Dorney WQ Supv. .: IP1400 2
Planning Branch DATE: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000199 COUNTY: IREDELL
APPLICANT NAME: ROBERT J. LESLIE
PROJECT TYPE: STORMWATER DRAIN PERMIT-TYPE: NW12/26
COE_#: DOT-#:
RCD_FROM_CDA: APP DATE _FRM_CDA: 03/08/93
REG_OFFICE: MRO RIVER AND SUB BASIN 4: e,#r
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03D03
STREAM _CLASS: STR_INDEX _NO: _?5

WL_IMPACT?:(Y/N WL_TYPE:
WL_REQUESTED : Q, ?y WL_ACR_EST? : OIN
WL_.SCORE (#) • WATER IMPACTED BY FILL?: 0/N
HYDRO_CNECT?: ®/N MITIGATION?: YV
MITI GATION_TYPE: Av11+ MITIGATION-SIZE:
IS WETLAND RA TING SHEET ATTACHED?: 61N
RECOMMENDATION (Circle One): ISSUE ISSUE/CON DENY
COMMENTS:

0 U
cc: Regional Office
Central Files u
1 9 1993
APR
F: WETLANDS GROUP
weTFR QUALITY SECTION ,.?

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N.C. Dept. of Environment, Health, and Natural Resources

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B.K. BARRINGER, JR., P.E.
104 Westfield Center
( MOORESVILLE, NORTH CAROLINA 28115
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FAX [phone]
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> WE ARE SENDING YOU ? Attached ? Under separate cover via U5 p5 uOpREuIIdI? V410 goffas:
? Shop drawings R-15rints ? Plans ? Samples ? Specifications
? Copy of letter ? Change order ?
COPIES DATE NO. DESCRIPTION
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? For approval
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> As requested
? For review and comment
? FOR BIDS DUE
? Approved as submitted
? Approved as noted
? Returned for corrections
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? Resubmit copies for approval
? Submit copies for distribution
? Return corrected prints
? PRINTS RETURNED AFTER LOAN TO US
REMARKS

COPY
?MTs.a ninc.rte,smours,
SIGNED:
If enclosures are not as noted, kindly notify us at once.
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TO: SUBJECT:
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From:
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> ti North Carolina Department of
Health, and Natural Resources
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Environment,
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary April 22, 1993 Director
Mr. Robert J. Leslie
Route 11, Box 714
Mooresville, N.C. 28115
Project # 93199
Dear Mr. Leslie:
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for commercial
development on 0.44 acres of water and wetlands at NC 150 and US
21 in Iredell County. Based on this review, we have identified
significant uses which would be removed by this project. These
are pollutant removal and streambank stabilization. Furthermore,
insufficient evidence is present in our files to conclude that
your project must be built as planned. Therefore, we are moving
toward denial of your 401 Certification.
Please provide us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your commercial development on nearby upland
and therby minimize wetland fill? Any documentation such as
maps and narrative which you can supply to address upland
alternatives may be helpful in our review of your 401
Certification. Please respond within two weeks of the date of
this letter.
If you have any questions, please call me at 919/733-1786.
Sincerely,
i?
Jo n R orney
93199.stp _
cc: Mooresville DEM Regional Office
John Parker, Coastal Management
Wilmington Office COE
Central Files Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 7041663-1.699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

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ROW
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS D U
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 3 Q
IN REPLY REFER TO
Regulatory Branch
March 29, 1993
VVtILANON GHOUP
MATER 01141 ITY cI=rTI
Action ID. 199301536 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Robert J. Leslie
c/o B.K. Barringer, Jr., P.E.
104 Westfield Center
Mooresville, North Carolina 28115
Dear Mr. Leslie:
Reference your March 3, 1993 application for Department of the Army
authorization to fill approximately 0.44 acres of wetlands in the headwaters
of Reed Creek, at the intersection of NC 150 and U.S. 21, near Mooresville, in
Iredell County , North Carolina. The purpose for the fill is to prepare the
site for commercial development.
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 1 acre 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.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. It is recommmeded that you contact Mr. John
Dorney with the State of North Carolina, at telephone [phone],
to insure that you have complied with state water quality certification
requirements.

-2-
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. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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
VMr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535

DEM ID: -DH I
ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
?-II19931
?1 .
v l"2.
PLEASE PRINT.
OWNERS NAME:
L_ES U. E

OWNERS ADDRESS: ?T. I , FoX -71q-
L L
V-"'?3. OWNERS PHONE NUMBER (HOME) : 704 j 4 77O {
(WORK):?o¢?63- 3777
? 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL ADDRESS
PHONE NUMBER: __ g,K, ?3a22?,?/-, -T ? ? > ? ,
Moo2esvtt.rs- At 7fDI'-
?
X6.
V'-"7.
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY:
-7Q
NEAREST TOWN OR CITY;. /ulDbl2?S ,r r !-C
SPECIFIC LOCATION (INCLUDE,ROAD NUMBERS, LANDMARKS, ETC.): 5n?a
QuAhL2dLLr /l.G. 157) £ „e- '!.. -, HE,QST
NAME OF CLOSEST STREAM/RIVER: _ZF-En GZ;=jc-::
RIVER BASIN:
V?1Z L5A
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO ( ]
ul/9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED
PROPERTY? YES [ ] NO [? FOR USE ON THIS
IF YES, EXPLAIN.
t?10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
O,44
2/3/92
-2-
V '1.
/12.

NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 6,44
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
DESCRIPTION
OF PROPOSED WORK (ATTACH PLANS):
EGJ AND F/ !?i AR A -r9 pi2ovin Comm c4,nL
U L S/T?S
13. PURPOSE OF PROPOSED WORK:
nylr??--
?ti-ti„
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.
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 [ j NO [ J
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
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 [ ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
.A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
OWNER S SIGNATUR DATE
WLLdLif:e Renoureee Comminniun Finheries Riologlnts
District 7 District 8 District 9
Joe Mickey ChrLs Goudrenu Micky Clemmotin
Rt 2 Box 278 Rt 6 (lox 685 Rt I Box 624
State Road, NC 28676 Marion, NC 28752 Waynesville, NC 28786
[phone] [phone] [phone]
Counties Counties Counties
Alleghany Avery Buncombe
As lie Burke Cherokee
Stokes Caldwell Clay
Surry McDowell Graham
Watauga Mitchell Ilaywood
Wilkes Rutherford lienderson
Yancey Jackson
Macon
Madison
Polk
Swain
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DEM ID: '7399
ACTION ID:
JOINT NATIONWIDE PERMITS THATREQUIRELNOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION

v/1. OWNERS NAME:
Z2. OWNERS ADDRESS:
Rr
R
3too ,
V-'*'3. OWNERS PHONE NUMBER (HOME):
77 (WORK) ?4Ye ,3,.. 3777
? 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL ADDRESS,
PHONE NUMBER: 3aRg?N
g Kt-rz R i> E ? cNb,? 1
? 5.
_L.ES U !:--
LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: ?gEn F L-t
NEAREST TOWN OR CITY;. -dtpo2?cY?i? i
SPECIFIC LOCATION (INCLUDr, ROAD NUMBERS,_ LANDMARKS, ETC.):
D??a n?2a,? r /?1. G DSO ..C 1 t. .
6. NAME OF CLOSEST STREAM/RIVER: c--E-p q c,?
V-**'7. RIVER BASIN: a-rAW15 A 21V5I2- BASir l
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
PROPERTY? YES [ ) NO ['? FOR USE ON THIS
IF YES, EXPLAIN.
t,-'10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
o,44
U
D
-1993
2/3/92