19930806 Ver 1_COMPLETE FILE_19930922

State of North Carolina
Department of Environment,
Health and Natural Resources, 6
Division of Environmental Management
James B. Hunt, w Governor H N F1
Jonathan B. Howes, , Secretary
A, Preston Howard, Jr., P.E., Director
November 12, 1993
Dave Canaan
Mecklenburg County
Engineering Department
700 North Tryon Street
Charlotte, N.C. 28202
Dear Mr. Canaan:
Subject: Proposed fill in Wetlands or Waters
Stream stabilization
Mecklenburg County
DEM Project # 93806
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.18 acres of wetlands or waters which are
tributary to McMullen Creek for stream stabilization located between
Sharonview Road and Mountainbrook Road in Mecklenburg County as.
described in your submittal dated 20 September 1993, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2665. A copy of the General Certification
is attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 13.
Applicant is reminded that work on other portions of the creek will
need separate approval and may not be approved unless conditions are
taken to maintain water quality.
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.
Sincerely,
93806.1tr reston Howard, Jr. P.E.
Attachment
cc: Wilmington District rps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
,An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer gaper

MEMORANDUM PRINT I,TAME S :
Reviewer :
TO: John Dorney WO Supv.: --
Planning Branch DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
`EACH ITEM MUST BE ANSWERED? (USE N/A FOR NOT APPLICABLE) * * Y
PERMIT YR: 93 PERMIT NO: 0000806 COUNTY: MECKLENBURG
APPLICANT NAME: MCI+ZULLEN CREEK STREAMBANK STABILIZA"-`ION
PROJECT TYPE: BANK STABILIZATION PERMIT TYPE: NNW1I
CJE DOT #:
RCD FROM_CDA : APP DATE FRIM CDA : 0 9; 2 0 / 9 3
REG_OFFICE : MRO RIVER-AND-SUB-BASIN-#: C?3o 8 3Lt
STREAM CLASS: C
WL_IMPACT?:(2)/N
WL_REOUESTED: 0t4? A,zE5'
WL_SCORE (#) : q(,(\
HYDRO_CNECT?:(Y'N
MITIGATION-TYPE:?jk
STR_INDEX_NO : \\-\3-4- 9- S
WL_TYPE : S'C 2
WL_ACR_E. ;T? : Y,Q
WATER IMPACTED BY FILL?:(2YN
MITIGATION?: Y/C
MIT! GATION_SIZE:A)iA
IS WETLAND RATING SHEET ATTACHED?: Y/N
RECOMMENDATION (Circle One): ISSU ISSUE/COND DENY
COMMENTS : &a_-Ck?_v?m_
cc: Regional Office
Central Files
l?f ?

Comments on 401 Certification #0000806
Recommend issuance of the certification due to limited size of
this project; however, this office does offer the following
comments:
1. Removal of stream bank vegetation may lead to degradation of
water quality and aquatic life habitat.
2. The use of rip rap for stream bank stabilization may require
the use of herbicides adjacent to streams for maintenance.
3. The channel improvements will increase channel capacity which
will help prevent flooding.
4. This stream is listed as 'not supporting' by the Division.
5. The removal of shade along the stream channel may increase
water temperatures.
6. The project has already been started. Approximately 400 feet
of the channel has already been stabilized.
The applicant should be advised that further projects on
McMullen Creek may be denied due to the above mentioned concerns.
If you have any questions, please advise.
IMPORTANT
To
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WHILE YOU WERE OUT
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TELEPHONED PLEASE CALL
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Message( t
Si ned
N.C. Dept. of Environment, Health, and Natural Resources
DEM ID: ACTION ID: _
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
-WILMINGTON-DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIR • R Q ? ??
P.O. Box 1890 AND NATURAL RESOURCES nn l5 ,
Wilmington, NC 28402-1890 P.O. Box 29535 Y t
A=- CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATIN: MR. JOHN DORNEY s 2, 0 10 L
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT PER
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF E AGEMEN
.. ?._
PLEASE PRINT. -
1. Owners Name: MECKLENBURG COUNTY ;
2. Owners Address: 700 North Tryon Street 28202
3. Owners Phone Number (Home): (Work): (704) 33673736
4. If Applicable: Agent's name or responsible corporate official, address, phone number_
Dave Canaan
(same as above)
5. Location of work (MUST ATTACH MAP). County: Mecklenburg
Nearest Town or City: Charlotte
Specific Location -(Include road numbers, landmarks, etc.): M c M u 11 e n Creek between -
Sharonview Road and Mountainbrook Road
6. Name of Closest S tream/River. McMullen 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 kA
9. Have any Section 404 permits been previously requested for use on-this property? YES [X] NO [ ]
If yes, explain. Permit was issued for a similar project immediately down streE
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0-72
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2600Linsar ft. of rip-rap _i?xtending three (3) feet into
waters of the U.S.
Drained: xm x - n = 7800 ft.2
Flooded:
= 0.18 Acres
Excavated:
Total Impacted: 0.18 Acres
12. Description of proposed work (Attach PLANS-8 1/2" X I1" drawings only):
Stream bank stabilization with rip-rap
13. Purpose of proposed work: to reduce further stream bank erosion
14. State rea§ons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to mini_mizewetlandimpacts. Rip-rap must be placed from below water line to
the top of '}x til: to prevent wtm?ed bark erosion caused ty brbanization Lp?m. Lame, established
15. You are required tq contact the U.S. Fish and Wildlife Service (USFWS) and/or Nadorml-Marino-Fisheries-Service?
(NMFS) regaiding'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 [Ky NO [ J
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 ?X] NO [ ]
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.
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? Res l dent l a I
F. If applicable, what is proposed method of sewage disposal? N/A
Owner's Signature Date