19990844 Ver 1_COMPLETE FILE_19990810

?OF 1/?l /? ]F9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
.
?O G North Carolina Department of Environment and Natural Resources
r? r Gregory J. Thorpe, Ph.D.
> Acting Director
p Division of Water Quality
March 18, 2002
Mecklenburg County
DWQ project # 99 0844
APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDTIONS
Mr. Jeff Avery
Lake Wylie Developers, LLC
P.O. Box 47288
Charlotte, NC 28247
Dear Mr. Avery:
You have our approval, in accordance with the attached conditions and those listed below, to impact
174 linear feet of stream, as you described in your application and mitigation plan dated August 9, 1999 and the
subsequent modification request dated November 27, 2001, provided by Kimley-Horn Associates, Inc. After
reviewing your application and the subsequent request, we have decided that this fill is covered by General
Water Quality Certification Numbers 3101. 3105, and 3108. Further, this approval replaces the 401
Certification issued October 6, 1999. These Certifications allow you to use Nationwide Permit Numbers 14,
16, and 26 when the Corps of Engineers issues them. In addition, you should get any other federal, state or
local permits before you go ahead %%ith your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-discharge and Water Supply regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If the property is sold. the new owner must be given a copy of this Certification and approval
letter. The new owner is thereby responsible for complying with all conditions. If total wetland fill for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nation-wide Permit expires
or as other wise provided in the General Certification. For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional condition.
Wetland Restoration Program payment is required within 90 days of the issuance of this 401 Certification.
This mitigation payment was a requirement noted in the initial October 6, 1999 401 Water Quality ,
Certification and as such remains a requirement of this Certification. Accordingly, we understand that you
have chosen to perform mitigation through an in lieu of payment to the North Carolina Wetland Restoration
Program (NCWRP), and that the WRP has agreed to implement mitigation for the project. In accordance
with 15A NCAC 2R. 0500, the contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2H .506(h). MR- Ron Ferrell may be contacted at 919 733-5208 if you have any questions.
Note: Compensatory mitigation cost is calculated at 174 feet* $125.00/linear feet and totals $21,750.00.
The area located adjacent to the outlet of the 54 inch culvert shall be modified as follows: An area
approximately 100 feet wide and 140 feet long shall be excavated an average one foot deep below existing
surface elevations. The excavated area should be replanted with wetland plants as indicated in the
restoration plan submitted in August 1999. These efforts shall be completed within Iyear of the date of this
certification or the issuance of the 404 permit (whichever is later). An as-built plan shall be submitted to
Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 and to the Wetland 401 Unit,
2321 Crabtree Blvd. Raleigh, NC 27604-2260.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Brrd_, Raleigh, NC 27604-2250 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetlands/
3. The existing stormwater outlet located at the mouth of the 54 inch culvert shall be cleaned out and shall be
maintained as presently configured.
4. An area containing approximately 2000 cubic yards of sediment shall be dredged from Lake Wylie.
Dredging shall take place along the silt curtain that was installed to help contain sediment. Further, any
egress or ingress to the lake must be replanted and restored. Also, dredged material must be deposed of in
uplands, in such a manner that runoff does not cause water quality violations, and in full compliance with
Division of Land Resources or Local Delegated Sedimentation control program requirements. However, if
Duke Power does not to allow the removal of the deposited sediment, the applicant must provide written
documentation for this decision. In this case DWQ, shall require payment to the NC Wetland Restoration
Program to off set this impact. These dredging or efforts shall be completed within 1 year of the date of
this certification or the issuance of the 404 permit (whichever is later). An as-built plan shall be submitted
to Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 and to the Wetland 401
Unit, 2321 Crabtree Blvd. Raleigh, NC 27604-2260
5. Waste, spoil, or fill shall not be placed, dumped or located in wetlands or waters beyond the footprint of the
impacts proposed for fill as described in your application.
6. All conditions in General Certifications 3101, 3105, and 3108 must be met.
7. A conservation easement shall be recorded on the wetland and stream areas located on the tract and DWQ
shall be provided with a copy of the easement within 120 days of the date of this Certification. A copy of
this easement shall be submitted to Mooresville Regional Office, 919 North Main Street, Mooresville NC
28115 and to the Wetland 401 Unit 2321 Crabtree Blvd. Raleigh, NC 27604-2260.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 4011Wetland Unit of the
Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition, which conforms to Chapter 150B of the North Carolina General Statures to the Office of
Administrative hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Danny smith at [phone] or John Dorsey at
[phone].
Sincerely,
regory J. ho e, Ph.D
Attachment
Cc: Corps of Engineers - Asheville Regional Office
Mooresville Regional Office
File Copy
Division of Land Resources - Mooresville Regional Office
Kia Whittlesy, Mecklenburg County
401 Wetland Unit - Danny Smith
Harlan Britt, Kimley-Horn and Associates, Inc.
P.O Box 33068, Raleigh, North Carolina 27636-3068
3. The existing stormwater outlet located at the mouth of the 54 inch culvert shall be cleaned out and shall be
maintained as presently configured.
An area containing approximately 2000 cubic yards of sediment shall be dredged from Lake Wylie.
Dredging shall take place along the silt curtain that was installed to help contain sediment. Further, any
egress or ingress to the lake must be replanted and restored. Also, dredged material must be deposed of in
uplands, in such a manner that runoff does not cause water quality violations, and in full compliance with
Division of Land Resources or Local Delegated Sedimentation control program requirements. However, if
Duke Power does not to allow the removal of the deposited sediment, the applicant must provide written
documentation for this decision. In this case DWQ, shall require payment to the NC Wetland Restoration
Program to off set this impact. These dredging or efforts shall be completed within 1 year of the date of
this certification or the issuance of the 404 permit (whichever is later). An as-built plan shall be submitted
to Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 and to the Wetland 401
Unit, 2321 Crabtree Blvd. Raleigh, NC 27604-2260
5. Waste, spoil, or fill shall not be placed, dumped or located in wetlands or waters beyond the footprint of the
impacts proposed for fill as described in your application.
6. All conditions in General Certifications 3101, 3105, and 3108 must be met.
7. A conservation easement shall be recorded on the wetland and stream areas located on the tract and DWQ
shall be provided with a copy of the easement within 120 days of the date of this Certification. A copy of
this easement shall be submitted to Mooresville Regional Office, 919 North Main Street, Mooresville NC
28115 and to the Wetland 401 Unit 2321 Crabtree Blvd. Raleigh, NC 27604-2260.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetland Unit of the
Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition, which conforms to Chapter 150B of the North Carolina General Statures to the Office of
Administrative hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions
are final and binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Danny smith at [phone] or John Dorney at
[phone].
Sincerely,
egory J. ho e, Ph.D
Attachment
Cc: Corps of Engineers - Asheville Regional Office
Mooresville Regional Office
File Copy
Division of Land Resources - Mooresville Regional Office
Kia Whittlesy, Mecklenburg County
401 Wetland Unit - Danny Smith
Harlan Britt, Kimley-Horn and Associates, Inc.
P.O Box 33068, Raleigh, North Carolina 27636-3068
W A TFRQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
-
?O G North Carolina Department of Environment and Natural Resources
0) r Gregory J. Thorpe, Ph.D.
Acting Director
p Division of Water Quality
March 18, 2002
Mecklenburg County
DWQ project # 99 0844
APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDTIONS
Mr. Jeff Avery
Lake Wylie Developers, LLC
P.O. Box 47288
Charlotte, NC 28247
•
Dear Mr. Avery:
You have our approval, in accordance with the attached conditions and those listed below, to impact
174 linear feet of stream, as you described in your application and mitigation plan dated August 9, 1999 and the
subsequent modification request dated November 27, 2001, provided by Kimley-Horn Associates, Inc. After
reviewing your application and the subsequent request, we have decided that this fill is covered by General
Water Quality Certification Numbers 3101, 3105, and 3108. Further, this approval replaces the 401
Certification issued October 6, 1999_ These Certifications allow you to use Nationwide Permit Numbers 14,
16, and 26 when the Corps of Engineers issues them. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-discharge and Water Supply regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you maybe required to send us anew
application. If the property is sold, the new owner must be given a copy of this Certification and approval
letter. The new owner is thereby responsible for complying with all conditions. If total wetland fill for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires
or as other wise provided in the General Certification. For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional condition.
Wetland Restoration Program payment is required within 90 days of the issuance of this 401 Certification.
This mitigation payment was a requirement noted in the initial October 6, 1999 401 Water Quality
Certification and as such remains a requirement of this Certification. Accordingly, we understand that you
have chosen to perform mitigation through an in lieu of payment to the North Carolina Wetland Restoration
Program (NCWRP), and that the WRP has agreed to implement mitigation for the project. In accordance
with 15A NCAC 2R. 0500, the contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2H .506(h). MR. Ron Ferrell may be contacted at 919 733-5208 if you have any questions.
Note: Compensatory mitigation cost is calculated at 174 feet* $125.00/linear feet and totals $21,750.00.
2. The area located adjacent to the outlet of the 54 inch culvert shall be modified as follows: An area
approximately 100 feet wide and 140 feet long shall be excavated an average one foot deep below existing
surface elevations. The excavated area should be replanted with wetland plants as indicated in the
restoration plan submitted in August 1999. These efforts shall be completed within Iyear of the date of this
certification or the issuance of the 404 permit (whichever is later). An as-built plan shall be submitted to
Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 and to the Wetland 401 Unit,
2321 Crabtree Blvd. Raleigh, NC 27604-2260.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
Apri 126, 2004
Memorandum'
To: File
From: Danny Smith
Subject: Lake Wylie Developers, LLC (DWQ Project 99-0844)
On April 14, 2004, Lake Wylie Developers, L.L.C., paid EEP the amount of $21,750, for
mitigation of 174 linear feet of stream impacts associated with the project (Lake Wylie
Mobil Home Park, DWQ Project #990844). On April 6,2004, an additional $59,130 was
paid to EEP. This payment is money that Lake Wylie Developers, L.L.C., chose to pay
to EEP in order to help resolve past violations associated with the Lake Wylie Mobil
Home Park project. Also, it is my understanding that this amount was allocated/approved
through the bankruptcy proceedings. Therefore, the $59,130 is not a DWQ fine and was
not a required payment from DWQ.
Since the initial Lake Wylie Mobil Home Park violations (1998 and 1999)
succession/stabilization of the impacted areas has occurred, thereby onsite meaningful
restoration and sedimentation removal is now problematic. Further, it is my
understanding that access to conduct restorations efforts (the dredging work) may have
been denied. In a NOV response by Kimley-Horn and Associates, Inc., dated November
27, 2001, the following was proposed:
"If the lake dredging is not possible according to the previous recommendations,
then the developer will pay the NC Wetland Restoration Program and amount
equal to the cost estimated for dredging 2000 cubic yards of silt form the lake as
previously described or 48,000.00, which ever is larger. The $48,000 the is
calculated as the amount of the state would required for 2 acres of wetland
restoration."
As such, $59,130 represents payment that should be used for sediment removal of
lakes/streams such that approximately 2000 cubic yards may be appropriately removed.
If you have any questions or wish to discuss please do not hesitate to contact Danny
Smith at [phone].
cc: Carol Shaw, EEP
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
4 0
0
[DIE 11, RI-I-'
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 6, 1999
Mecklenburg County
DWQ Project n 990844
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Mr. Jeff Avery
Lake Wylie Developers, LLC
PO Box 47288
Charlotte. NC 28247
Dear Mr. Avery:
You have our approval, in accordance with the attached conditions and those listed below, to retain fill
material in 174 linear feet of streams for the purpose of installing road crossings and removing fill in wetlands and
waters at Lake Wylie Mobile Home Park in Mecklenburg County, as you described in your application and
mitigation plan dated August 9, 1999. After reviewing your application, we have decided that this 511 is covered by
General Water Quality Certification Numbers 3101, 3105 and 3108. These certifications allow you to use
Nationwide Permit Numbers 14, 16 and 26 when the Corps of Engineers issues them. In addition, you should get
anv other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of this Certification
and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. D)A'Q shall be copied on a written hydrological monitoring plan for written approval within one month of the issuance of the
Certification. Success criteria shall be included in this plan.
3. DWQ shall be copied on a strcambank stabilization plan for the unnamed tributary to Paw Creek within one month of the date of
this Certification. This plan shall include plans for woody facines similar to those planned in the wetland mitigation area.
4. A conservative easement shall be recorded on the wetland and stream areas within two months of the date of this Certification.
DWQ shall be copied with this easement.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. )n accordance with 15A NCAC 2R .0402, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H
.0506(h). feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check
(made payable to: DEHNR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell
should be contacted at 919-73 5219 if you have any questions concerning the Wetland Restoration Program. You
have one month from the date of this Certification to make this payment. For accounting purposes, this
Certification authorizes the fill of 174 feet of streams, in 030534 river and subbasin and 174 feet of stream
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50'/o recycled/100b post consumer paper
httD://h2o.enr.state.nc.ushvetlandc.html

mitigation are required. Please be aware that the Wetland Restoration Program (WRP) rules require
rounding of acreage amounts to one-quarter acre increments (15A 2R .0503(b)).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Domey at 919-733-9646.
Attachment
4il
i ? eSteven
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File COPY.
Central Files
Ron Ferrell; Wetland Restoration Program
Kia Whittlsey
Donna Lisenby; Lake Wylie Keeper
E. Cary Ayers; Rowboat Dock and Dredge
Craig Wyant
Joe Mickey; WRC 990844.1tr
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUNLMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H.0500, Lake Wylie Mobile Home Park has permission as outline below
for the purpose(s) of proposed road crossings. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached ceti5cation transmitttal letter. THIS CERTIFICATION IS NOT
VLID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION: SR 1193 near Lake Wylie
COUNTY: Mecklenburg
BASIN/SUBBASIN: 030834
As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded
to one-quarter acre increments according to 15 2r.0503(b)
_ acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
174 linear feet of stream channel
(other)
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this
form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLESES NOTE. THE ABOVE PACTS ARE
NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature
Date
NCDENR-Division of Water Quality
Wetlands Restoration Program
1619 Mail Services Center
Raleigh. NC 27699-1619
919-733-5208
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
August 3, 1998
CERTIFIED MAIL-RETURN RECEIPT REQUESTED

Mr.Darrell Avery
Northwest Development Group
Lake Wylie Developers, LLC
4200 Brookshire Blvd.
Charlotte, NC 28216
?..3` 4D ° J `
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Re: Violation of NC Wetland Standards and 401 Certification Rules
Lake Wylie Mobile Estates
Mecklenburg County
Dear Mr. Avery:
On July 14, 1998, staff from the NC Division of Water Quality conducted a follow-up site visit to the Lake
Wylie Mobile Estates as discussed in our letter of April 27, 1998 to determine the status of the sediment that was eroded
into wetlands adjacent to Lake Wylie. As you know DWQ staff visited this site on March 31, 1998 in response to
complaints regarding sediment deposited into the wetlands.
DWQ staff found up to two feet of sediment in a large portion of the wetlands with associated dying trees. In
addition the sediment and erosion control measures appeared to be poorly maintained so additional sediment could be
readily eroded into these wetlands. Finally two road crossings were observed for which we have no record of a 401
Certification being issued.
In order to resolve these matters, you must;
(1) Repair the sediment and erosion control devices to the satisfaction of the Mecklenburg County
sediment office. I have informed them of the situation via a copy of this letter.
(2) Apply for after-the-fact approval for the road crossings with the US Army Corps of Engineers
and NC Division of Water Quality. An application form is enclosed for this purpose.
Compensatory mitigation may be required depending on the length of stream impacted.
(3) Dredge silt deposited in the lake at the mouth of the creek that originated from your site.
(4) Remove all sediment from the wetland where equal to or greater than one foot of sediment has
been deposited.
The depth of sediment in the area shall be systematically surveyed and reported to DWQ along with a
remediation plan and schedule. Planting of the area with appropriate woody species after dredging will also be
required.
Please respond to this letter within two weeks of receipt in your office. Please be aware that civil penalties
are possible as outlined in our April 27, 1998 letter. If adequate site stabilization and site remediation is undertaken.
DWQ has decided to not assess a fine at this time. However if immediate measures are not undertaken, DWQ will seek
an injunction and proceed to assess fines for the impact to the stream, Lake Wylie and adjacent wetlands.
Please call Mr. Mike Parker of our Mooresville Regional Office at 704-663-6040, Mr. Pete Colwell or me at
919-733-1786 if you have any questions.
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 5070 recycled/109o post consumer paper

cc: Asheville Field Office US COE
Mike Parker, DWQ Mooresville Regional Office
Jill Hickey, NC Attorney General's Office
Kia Whittlesey, Mecklenburg County
Pete Colwell
4hnR. ' rney

Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
I
4 ®®
j
NCRTH CA,RCUNA DEPARTMENT CF
ENVIRCNMENT AND NATURAL RESCURCFS
April 27, 1998
Mr. Darrell Avery
Northwest Development Group
Lake Wylie Developers, LLC
4200 Brookshire Blvd.
Charlotte, NC 28216
Re: Violation of NC Wetland Standards 15A NC,kC 2B .0231
Dear Mr. Avery:
On March 31, 1998 Mr. Mike Parker from the Division's Mooresville Regional
Office and Mr. Pete Colwell from the Central Off-ice made a site inspection to the Lake
Wylie Mobile Estates project being developed by your company. They found that
considerable erosion had occurred on the project site and that as much as 18 inches of
sediment from your project site had accumulated in the wet'lands adjacent to Lake Wylie
as well as in the Lake itself. By allowing the sediment to accumulate in the adjacent
wetlands you have vioiated North Carolina Water Quality Standards regarding wetlands
(15A NCAC 2B .0231).
These wetland standards state that "liquids, fill or other solids may not be present
in amounts which may cause adverse impacts to existing wetland uses; hydrological
conditions necessary to support the biological and physical characteristics naturally
present in wedands shall be protected ..."; and that "the populations of wetland flora and
fauna shall be maintained to protect biological integ_*ity". Under General Statute 143-
215.6(a) civil penalties up to $10,000 per day may be assessed for violations of water
quality standards.
The Division has also reviewed the Progess Report - Recovery Plan written by
Dr. Sue McCuskey. The report estimates that sediment had been deposited over 2 acres
of the 2.5 acre wetland area and exceeds 6 inches in depth over approximately 1 acre.
According to Ms. Kia Whittlesey with the Mecklenburg County, the erosion control
measures that allowed the unauthorized filling of wetlands have been corrected- It has
also been brought to our attention that there may be additional wetland impacts from the
construction of a waterline to the project site.
E-tvironrnc:ual Scicn= Branch 4+01 R=ay C. wk Road Rakish, North Carolina 27607
Tclevhonc 919-733-1786 FAX [phone]
An E ual opporamiry Affumadvc Acion Empiovcr 50°a rc -vc1 dl109o post consumer paper
The Division will be malting another site visit to Lake Wylie Mobile Estates in
the near future to more accurately assess the wetland impacts and to de,.-,-.r=e what
corrective measures should be taken. You may be required to remove all or part of fill in
the wetlands and restore the vegetation, to monitor the wetlands for long term impacts,
and / or compensate for the loss of wetland function through payment to the NC Wetland
Restoration Prozram.
Should you have any questions concerning this matter please contact Mike Parker
at 704-663-6040, or Pete Colwell or myself at 919-733-1786.
S' cergly,
John R. Dornev
etlands / 401 Gro
cc: Asheville Field Office, USCOE
Mike Parker, DWQ Mooresville Regional Office
Jill Hickey, NC Attorney General's Office
Kia Whittlesey, Mecklenburg County
Pete Colwell, DWQ Central Office
DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED:
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS. SEVEN (7) COPIES MUST BE SENT TO THE NDIVISION OF
WATER QUALITY ATT JOHN DORNEY 4.401 REEDY CRE K ROAD RALEIGH,NC 27667. PLEASE PRINT
OR TYPE.
1. OWNER'S NAME: LAKE WYLIE DEVELOPERS. LLC.
2. MAILING ADDRESS: BOX -472SS
SUBDIVISION NAME: LAKE WYLIE MOBILE HOME PARK
CITY: CHARLOTTE STATE: NC ZIP CODE: 2S247
PROJECT LOCATION ADDRESS. INCLUDING SUBDIVISION 'FAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):LAKE WYLIE MOBIL HOME PARK ON NORTH SIDE OF
WALKERS FERRY ROAD (SRI 193)
3. TELEPHONE DUMBER:
HOME 704-309-70S1 WORK
4. IF APPLICABLE: AGEN'T'S NAME OR RESPONSIBLE CORPORATE OFFICIAL. ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF WORK (PROVIDE A MAP. PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: MECKLENBURG NEAREST TOWN: CHARLOTTE
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)NORTH SIDE OF
WALKERS FERRY ROAD (SRI 193) SOUTH OF OLD DOWD RD.
6. IMPACTED OR NEAREST STREAM'RIVER: PAW CREEK RIFER BASIN: CATAWBA
7. (A) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT. TIDAL SALTWATER. (SA).
HIGH QUALITY WATERS (HQW). OUTSTANDING RESOURCE WATERS (ORW). WATER SUPPLI'
(WS-1 OR WS-2)? YES _X -NO IF YES. EXPLAIN:
(B) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)'? YES _N _NO
(C) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY. WHAT IS THE LAND USE
PLAN (LUP) DESIGNATION'? N' 'A
S. (.A) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES X NO IF YES PROVIDE ACTION ID,- OF PREVIOUS PERR1IT AND
ANY ADDITIONAL INFORMATION ( INCLUDING PHOTOCOPY OF 401 CERTIFICATION):
(B) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
X YES NO IF YES, DESCRIBE ANTICIPATED WORK: WETLANDS RESTORATION
AND SILT REMOVAL FROM LAKE WYLIE
9• (.A) ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 50
(B) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE: 2.57
10. (A) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY
FILLING: EXCAVATION
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 2.09
(B) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT ( IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: _N/A_FT AFTER: N/A FT
WIDTH BEFORE N/A (BASED ON NORMAL HIGH WATER CONTOL'RS):_N'A FT
AVERAGE DEPTH BEFORE: _N-A_ FT
(B) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: ( CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: NA_ PLACEMENT OF PIPE IN CHANNEL:_X_
CHANNEL EXCAVATION: _N:'A_ CONSTRUCTION OF A DAM FLOODING: _N/A_
OTHER: N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?' -N-A- WHAT IS THE EXPECTED POND SURFACE AREA? N,A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED:' ( ATTACH PLANS: (S 1'_2 BY 1 I DRAWINGS ONLY) AFTER THE
FACT PLACEMENT OF APPROXIMATELY 17.3' OF PIPE IN AN UNNAMED TRIBUTARY OF PAW
CREEK.
13. PURPOSE OF PROPOSED WORK: TWO ROAD CROSSINGS
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMUIZE WETLAND IMPACTS):
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF 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.
DATE CONTACTED: 8/9'99
16.YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHOP)
REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT .AREA. WHICH MAY
BE AFFECTED, BY THE PROPOSED PROJECT. DATE CONTACTED: 8,9 99
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND'? YES -X-NO (IF NO GO TO I S)
(A) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT'? YES \ NO
(B) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES _X-NO IF
ANSWER 17B IS YES. THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY
ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS
SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE
CLEARINGHOUSE. NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST
JONES STREET. RALEIGH, NORTH CAROLINA 27603-,W03. TELEHONE 919-733-6369.
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18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WETLANDS:
(A) WETLAND DELINEATION %IAP SHOWING ALL WETLANDS. STREAMS. LAKES. AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14. IS. _21.26, 21).
AND 38). ALL STREAM (INTERMITTENT AND PER%IANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50 FEET
OR I INCH EQUALS 100 FEETOF THEIR EQUIVALENT.
(B) IF AVAILABLE. REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BYPRODUCT.
(C) IF DELINEATION WAS PREFORMED BY A CONSULTANT. INCLUDE ALL DATA
SHEETS RELEVANT TO THE DELINEATION LINE.
(D) ATTACH A COPY OF THE STORM\WATER MANAGEMENT PLAN IF REQUIRED.
(E) WHAT IS LAND USE OF SURROUNDING PROPERTY" RESIDENTUAL, INDUSTRIAL ?C
REREATION
(F) IF APPLICABLE. WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL'' NIA
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIORTO:
I. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT.
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION. AND
3. (IN THE TWENTY COASTAL COLNTIES ONLY), .A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING TH PROPOSED ACTIVITY IS
CONSISTANT WITH THE NORTH CAROLI}4 COAST:,L MANAGEMENT PROGRAM,
OWNER'S/AGEN
(.AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER 1S PROVIDED)
7V i;;;ZZN
August 9.. 1999
NCDENR
Division of Water Quality
Environmental Sciences Branch
John Dorney
4401 Reedy Creel: Road
Raleigh. NC 27607
RE: Lake Wylie Mobile Home Park
Wetlands Restoration
Dear Mr. Dorney:
Dock & Dredge
THE ROW BOAT COMPANY, INC.
PAYMENT
RECEIVED ` C ' ..
L! k n
J r L
VIATER olt;,! ! '? .. .
Our firm is processing this application on behalf of Lake Wylie Developers. LLC. This
application is for the restoration of approximately two acres of wetlands, removal of
approximately 6,000 cubic yards of silt from Lake Wylie and approval of an after the fact
placement of pipe in an unnamed tributary of Paw Creek. As previously discussed these wetlands
were damaged, silt entered Lake Wylie and pipes were placed in the stream during construction
of Lake Wylie Mobile Home Park.
Enclosed for your approval are maps, drawings. PCN, proposed wetland restoration plan & Duke
Energy Dredge Application. Also enclosed is a check for the processing fee in the amount of
5475.
Mr. Jeff Avery an official of Lake Wylie Developers, LLC has stated his company is willing to
mitigate the approximate 174' stream crossing by payment of S125 per foot to NC Wetlands
Restoration Prouram.
We look forward to hearing from you at the earliest time possible.
Sincerely,
THE ROWBOAT COMPANY'. INC.
E. Carey Ayres
Engineer
Cc: Jeff Avery
Kia Whirtlesey
Mike McLaurin
Donna Lisenby
858 Williamson Road • Mooresville, NC 281 15 • [phone] • FAX [phone]
KimleyHorn
O and Associates, Inc.
November 27, 2001
Mr. John Domey
NC Division of Water Quality
1621 Mail Service Center
Re: DWQ Project No. 990844
Lake Wylie Developers, LLC
Mecklenburg County
Dear John:
- ? I e ,, 6PA 1( -A?? /-

0
P.O. Box 33068
Raleigh, North Carolina
27636.3068

You will recall that the referenced 401 certification was issued on October 6,
1999 for activity related to the removal of sediment from an impacted wetland
area and from an area of Lake Wylie resulting from sediment flows from
adjoining property. The 401 required wetland restoration on part of the impacted
land, removal of sediment from Lake Wylie and mitigation in the form of
payment to the WRP for the stream impacts associated with two road crossings
were also required.
During a site visit in 1999, you asked that trees be removed in an area where the
sediment deposits were the greatest and that work was accomplished. Since that
activity, no further work has been done at the site.
In September, 2001, I was asked to assist in bringing together a plan to resolve
the issues of the remaining work. You and I had a brief conversation about the
site in October and since then I have worked closely with Danny Smith to
develop an alternative plan to bring this site to closure.
The project today looks very different from what it looked like in 1998 and 1999
and Danny and I have evaluated the situation with regards to today's conditions;
condition of both the site and the legal entity that still has some control of the
property.
I have met with the Mecklenburg County staff and County Attorney, Duke
Energy, US Army Corps of Engineers, and the Lake Wylie Marine Commission
to develop a plan to move forward. The property is tied up in bankruptcy
proceedings and therefore any and all actions involving the property or money
associated with the owners of the property has to have the prior approval of the
bankruptcy court. Therefore it has taken considerable effort to get all the pieces
in place to actually make something happen at the site.
rZilk
0
TEL [phone]
FAX [phone]
Q Kimley-Horn
L:11 = VJ and Associates, Inc.
In discussion with Danny Smith, I have relayed to him my recommendations and
according to him, they appear to be agreeable to the Unit. A central part of
getting the work done today is the need for revisions to the 401 certification and
the 404 permits that the Corps issued in 1999.
Steve Chapin has indicated that he will have not problem with making the
adjustments to the 404. This letter is a request on behalf of our client revision to
the 401 certification as described in the following recommendation. These
recommendations have been discussed at length with Danny. We will need the
revised 401 certification to take to the bankruptcy judge for approval of the work.
Recommendations
The area inside the existing forested wetland should remain as is and no
activity within this area is recommended
The area of wetlands that under went tree and stump removal should be
allowed to remain as is with one exception. An area located adjacent to the
outlet of the 54 inch culvert should be modified as follows: An area
approximately 100 feet wide and 140 long should be excavated an average of
one foot deep below existing surface elevations. The excavated area should
be replanted with wetland plants as described in the 401 application
submitted for the project in August 1999. Because this area has undergone
extensive grading in the past, it may not revert to the same quality that may
have existed in the area prior to the project. However, at this time no one has
been able to determine conclusively that this area was in fact a high quality
wetland prior to the project. Based on how the surrounding wetlands have re-
established, it is our belief that native vegetation will establish in this
excavated area given the extensive ground water that is available.
The existing stormwater outlet structure located at the mouth of the 54-inch
culvert should be cleaned out and should be retained as presently configured.
This outlet device is providing an acceptable dispersed flow patterns for
stormwater from the culvert and therefore we believe this device should
remain as is. The recommended excavated wetland area, because it will be at
a lower elevation than the surrounding areas, will further serve to distribute
water to the adjoining wetlands and will serve as a catchment facility for
sediments that may be delivered by the project stormwater drainage system.
It is arguable as to whether there is any environmental benefits to conducting
any dredging of the lake, since it has been about four years since the
sediment was discharged into the wetlands and lake. Therefore, an area
containing approximately 2000 cubic yards of sediment should be dredged
from Lake Wylie. This is a compromise volume of dredging and should not
be considered as the amount of sediment that was delivered to the lake from
the project. It does represent a volume that can apparently be
(? = VJ Kimley-Horn
0 and Associates, Inc.
administratively managed to expedite the remaining work. This
recommended dredging, if agreed to by Duke Energy, should be located
immediately adjacent to the silt curtain placed by Rowboat Dock and Dredge
several years ago. Additionally, the recommended dredging should only
occur if it is possible to float dredging equipment to the recommended site. If
it is not possible to reach the appropriate location in the lake without having
to dredge an open water channel, then we do not recommend that any
dredging be required because of the adverse impacts on the adjacent lands.
• If lake dredging is not possible according to the previous recommendation,
then the developer will pay to the NC Wetland Restoration Program an
amount equal to the cost estimated for dredging 2000 cubic yards of silt from
the lake as previously described or $48, 000.00, which ever is larger. The
$48,000 is calculated as the amount the state would require for 2 acres of
wetland restoration.
• Payment of the mitigation fees to the NC Wetland Restoration Program for
the 174 linear feet of impacts to the surface streams associated with the two
road crossings. This payment is calculated to be $21,750.00
• Placement of the affected wetland areas into either a permanent conservation
easement or transfer of property to the Mecklenburg County Parks system.
Enclosed is a sketch drawing of the recommended wetland restoration area.
I hope that agreement to the recommendations can be reached in the very near
future. Please call me with any questions that you may have with the request.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
11Z Z48/
Harlan K. Britt, P.E.
Associate
Cc: Jeff Avery
Burt Shuford
CADocuments and Settings\harlan.britt\Desktop\DWQ401RevisionLTR.doc
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Jeffred L. Avery
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P.O. Box 33068
Raleigh, North Carolina
November 27, 2001 27636.3068
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Ave.
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Chapin
Re: Lake Wylie Developers, LLC.
Mecklenburg, County North Carolina
Dear Mr. Chapin:
Thank you for meeting with me on October 15, 2001 in your office in Asheville.
As you are aware, Kimley-Horn and Associates, Inc. has been retained to
facilitate resolution of the issues surrounding the wetlands associated with the
project. The cleanup of sediments that were in-advertently placed in a wetland
and a small area of Lake Wylie during the construction of the Lake Wylie Mobile
Estates has not been completed as yet. We are however getting close to getting
work underway.
As a part of the cleanup process, it was necessary for the developer to obtain 401
water quality certification from the state and three different 404 permits from the
Corps. Those permits were issued under the following numbers in September,
1999.
NW 27 Action ID 199931128
NW 26 Action ID 199931129
Regional General Permit Action ID 199931130
I have conducted considerable time and efforts working with the County, Duke
Energy, The Lake Wylie Marine Commission, and the DWQ to facilitate a
manageable resolution to the situation. I have submitted to the DWQ a request
for a revised 401 Certification. The details of the request are contained in our
recommendations found below. Danny Smith of the DWQ, Beth Reed (KHA
biologist) and I visited the site and conducted a close review of the situation as it
exists today.
Basically the area from which trees and stumps were removed have re-
established as a viable and functioning wetland. We suggested that the area
where the wetlands have naturally restored, not be re-disturbed and that only a
13
TEL [phone]
FAX [phone]
?i
p n Kimley-Horn
and Associates, Inc.
small area of the lake bed be dredged. Danny reports that he has discussed these
recommendations with John Domey and they are willing to revise the 401
certification.
Recommendations
The area inside the existing forested wetland should remain as is and no
activity within this area is recommended
The area of wetlands that under went tree and stump removal should be
allowed to remain as is with one exception. An area located adjacent to the
outlet of the 54 inch culvert should be modified as follows: An area
approximately 100 feet wide and 140 long should be excavated an average of
one foot deep below existing surface elevations. The excavated area should
be replanted with wetland plants as described in the 401 application
submitted for the project in August 1999. Because this area has undergone
extensive grading in the past, it may not revert to the same quality that may
have existed in the area prior to the project. However, at this time no one has
been able to determine conclusively that this area was in fact a high quality
wetland prior to the project. Based on how the surrounding wetlands have re-
established, it is our belief that native vegetation will establish in this
excavated area given the extensive ground water that is available.
The existing stormwater outlet structure located at the mouth of the 54-inch
culvert should be cleaned out and should be retained as presently configured.
This outlet device is providing an acceptable dispersed flow patterns for
stormwater from the culvert and therefore we believe this device should
remain as is. The recommended excavated wetland area, because it will be at
a lower elevation than the surrounding areas, will further serve to distribute
water to the adjoining wetlands and will serve as a catchment facility for
sediments that may be delivered by the project stormwater drainage system.
It is arguable as to whether there is any environmental benefits to conducting
any dredging of the lake, since it has been about four years since the
sediment was discharged into the wetlands and lake. Therefore, an area
containing approximately 2000 cubic yards of sediment should be dredged
from Lake Wylie. This is a compromise volume of dredging and should not
be considered as the amount of sediment that was delivered to the lake from
the project. It does represent a volume that can apparently be
administratively managed to expedite the remaining work. This
recommended dredging, if agreed to by Duke Energy, should be located
immediately adjacent to a silt curtain that was placed by Rowboat Dock and
Dredge several years ago. Additionally, the recommended dredging should
only occur if it is possible to float dredging equipment to the recommended
site. If it is not possible to reach the appropriate location in the lake without
p KimleyHorn
and Associates, Inc.
having to dredge an open water channel, then we do not recommend that any
dredging be required because of the adverse impacts on the adjacent lands.
• If lake dredging is not possible according to the previous recommendation,
then the developer will pay to the NC Wetland Restoration Program an
amount equal to the cost estimated for dredging 2000 cubic yards of silt from
the lake as previously described or $48, 000.00, which ever is larger. The
$48,000 is calculated as the amount the state would require for 2 acres of
wetland restoration.
• Payment of the mitigation fees to the NC Wetland Restoration Program for
the 174 linear feet of impacts to the surface streams associated with the two
road crossings. This payment is calculated to be $21,750.00
• Placement of the affected wetland areas into either a permanent conservation
easement or transfer of property to the Mecklenburg County Parks system.
The purpose of this letter is to request that the 404 permits issued by the COE be
revised or modified to allow the construction to proceed. Please advise if a new
PCN needs to be filed for the requested purposes.
Request:
NW 27-This permit was issued to restore/enhance 2.09 acres of degraded
wetlands adjacent to Lake Wylie. This area has now been reduced to an area
approximately 100 ft.x 140 ft. The proposed new area is only 14,000 square feet
and therefore a reduction in the affected area is requested. The Expiration date of
this permit is September 8, 2001. We need to have the date extended to June 1,
2002 to allow for the work to proceed.
NW 26 -This permit was issued as an after the fact permit for the placement of
174 feet of culverting of the unnamed tributary to Lake Wylie. There appears to
be no need for any modification to this permit.
Regional General Permit-This permit was for the excavation of aproximately
6000 cubic yards of accumulated sediment from an approximate 1.8 acres of
open water on Lake Wylie downstream from the mobile home park. This
excavation request has been reduced to approximately 2000 cubic yards. The
agreement that we are negotiating with the DWQ is that the excavation will take
place only if Duke Energy agrees and issues a permit for the activity. If Duke
Energy does not issue the permit, then no dredging will occur. The expiration
date for this permit is December 31, 2002 and therefore the revision requested is
to reflect the reduction in the amount of material proposed to be excavated. If
this reduction does trigger a need to revise this general permit, please advise.
KimleyHorn
and Associates, Inc.
Please find attached a copy of the Letter of Authorization for this project and if
you have any questions, please do not hesitate to call me at [phone].
Very truly yours,
KIML.Y-HORN AND ASSOCIATES, INC.
?C
Harlan K. Britt, P.E.
Associate
Cc: Jeff Avery
John Domey
CADocuments and Settings\harlan.britt\Desktop\COEREQUEST4041.doc
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April 6, 2004
919 733 5321 04/22 104 15:51 N0.825 10/12
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MECKLENBURG COUNTY
Land Use and Environmental Services A-ency
Water & Laird Resources
Mr. Ron Ferrell
NCDEN"R Ecosystem Enhancement Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Dear Ron:
As part of the Lake Wylie Mobile Home Estates settlement, enclosed is a check in the amount of
559,130. Also enclosed is a copy of the settlement. I was not involved in the settlement, so I'm
not sure how the payment was determined. The settlement does not describe how EEP is to use
the payment, but I'm sure you can put it to good use. Please call me at 704-336-3712 if you have
any questions.
Sincerely,
Joe Aug Z
Engineering and Construction Manager
Enclosure (2)
???
APR 12 2004
NC ECOSYSTEM
ENHANCEMENT PROGRAM
PEOPLE • PRUDE • PROGR.RSS PA.REYERSHIPS
700 North Tryon Street • Charlotte. North Carolina 28202,)236 • [phone] . Fax [phone]
www. stortnwatcrserviccs-cwm
APR-22-2004 THU 14:24 TEL:[phone] NANE:DWQ-WETLANDS P. 10
DWQ NCWRP 919 733 5321 04/22 104 15:51 N0.825 09/12
o -
MECKLENBURG COUNTY
Land Use and Environmental Services Agency
Water cot Land Resources
April 14, 2004
Ms. Carol Shaw
NCDENTR Ecosystem Enhancement Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Subject: Lake Wylie Mobile Home Estates
Dear Ms. Shaw:
As we discussed, enclosed is a check in the amount of $21,750 payable to NCDW"Q. I apologize
for the confusion caused by the settlement language transposing the amounts owed to EEP and
DWQ. 1 appreciate your willingness to accept both checks on behalf of NCDENR. Please call
me at 704-336-3712 if you have any questions.
Sincerely,
Joe Aug, P.E.
Engineering and Construction Manager
Enclosure
RECE Y ?li
APR 20 2044
etiv NCEMENT ROG
PEOPLE • PRIDE • PROGRESS - P.4RTNERS111PS
MO North Tryon Street • Charlotte, North Carolina 28202.2236 • [phone] • Fax [phone]
www.s torTnwaterservi ces.com
APR-22-2004 THU 14:24 TEL:[phone] NAME:DWQ-WETLANDS P. 9
DWQ NCWRP
919 733 5321 04/22 104 15:51 N0.825 08/12
UNITED STATES BANKRUPTCY COURT
Western District of North Carolina
Charlotte Division
In Re: Case No.: 01-30916
Lake Wylie Developers, LLC
Chapter: 11
Debtor EIN:
56-1992053
NOTICE OF HEARING ON MOTION/APPLICArHON
OF U.S. SANIMUPTCY ADYHNISTRATOR
TO ALL PARTIES IN INTEREST:
NXICE is hereby given that on March 16, 2004 the Bankmptcy Administrator filed a(n) Motion to Dismiss Casc in
this Court.
TAKE FURTHER NOTICE that a hearing will be held on this matter on the date, time and at the location set forth
below. Any response, including objection, to the relief requested in the motion or application referred to herein,
should be filed with the Cleric, United States Bankruptcy Court for the Western District of North Carolina, within 15
days of this notice and a copy served on the United States Bankruptcy Administrator for the Western District of North
Carolina and upon other patties as required by law or Court order. Any response shall cl=ly identify the speciBe
motion or application to which the response is di=wd and shall comply with Loral Bankruptcy Rule 9013(1).
DATE/rIM&LOCATION OF HEARING:
April 14. 2004
09:30 AM
Charles R Jonas Federal Building
401 Wcst Tradc Sheet
Cour imm 126
Charlotte. NC 28202
Dated: March 17, 2004
Electronically filed and signed (3117(04)
ADDRESS OF BANKRUPTCY ADMIt MSTRATOR:
Office of U.S. Bankruptcy Administrator
402 West Trade Strcct. Suite 200
Charlotte. NC 28202-1669
[phone]
Geraldine: Treutelaar Crockett
Clerk of Court

MAR 0 2 N04
NC EC08YSTU-i
ENHp,NCENiajNT PROGRAM
446476
APR-22-2004 THU 14:23 TEL:[phone] NAME:DWQ-WETLANDS P. 8
DWQ NCWRP 919 733 5321 04/22 104 15:50 N0.825 07/12
I Wl;i,la t.? 1 1! Iola I I ?,-
Irtsr?ana: Companies
Kemper Drive, 8-7 8171320-2662
Long Grove 14 60049-0007 Fax
SARA SUAREZ FDa?-- 4: 167 SE 002589 X 157
1 KEMPER DRIVE of Loss: ?I 2. 20o2
SURELY d: LAKE WYLIE DE VELOPERS LLC
LONG GROVE IL 60049-000'1 r.
Office Use STDCKLTR
Novernb:r 14, 2002
Your check is attached. Flea'_se contact the undersigned if you have any questions.
Thank you. •
-3 145; - -t)-7-1 O ': z C* 10
American Manufacturers Mutual
Claim Department
847/3 20-23 72
Flease Fold on Perforation Before
A?, J
EI'521015 361,80 k.-,'?i9232261•: 94 2543811`
APR-22-2004 THU 14:22 TEL:[phone] NANE:DWQ-WETLANDS P. 7
16 DWQ NCWRP 919 733 5321
1 Kemper CriM 6-7
Long Grove IL 60049-0001
SARA SUAREZ
1 KEMPER DRIVE
SURETY
LONG GROVE IL 60049-0001
November 14, 2002
04/22 104 15:50 N0.825 06/12
3471J20-2662
Fax
Claim #c 167 SE 002589 X 167
Date of Loss: July 2.2002
Insured: LAKE WYLIE DEVELOPERS LLC
OEher:
Office Use 5T0CKLTR
Your check is axached. Please contact the undersigned if you have any questions.
Thank you.
-3 - -j-7-7 D at5 ? 0
American Manufacturers Mutual
'4;aIle `l/c&
Claim Department
84713 20-23 72
Please Fold on Perforation Ware _Tearing
Environmental Services Agency budget to reizaburse the bud et or pzofesswual fees aad
expenses incurred and to be incurred regarding the cleanup, iaclud ng, any outside engin.eerin;
costs that might be incurred,
(6) Execurou of the "Agreement" between Mecklenburg County and ARCBEND,
L.L.C., the contract purchaser of Lake Wylie Mobile Home Estates, which sets forth the
respective responsibilities of Mecklenbuirg County and ARCBFi D, L.L,C., with respect to the
cleanup of the sedimez tation; and
-2-
APR-22-2004 THU 14:22 TEL:[phone] NAME:DWQ-WETLANDS P. 6
DWQ NC0P
919 733 5321 04/22 104 15:49 N0.825 05/12
MECKLENBURG COUNTY
DE`rARTMENT DAILY COLLECTION ft=PORT
DATE: February 3, 2003
DEPARTMENT NAME: LUESA - WATER & LAND RESOURCES
COLLECTION
AGENT
RECEIPT NO.
156180
FUND ORG OBJ/REV ACTIVITY LOC DESCRIPTION DEPO;
SLIP
AMER MFR'S MUTUAL
7005 3152 3770 3010 170,384.60 INSURANCE
i SETTLEMENT
TOTAL 170,384.60 _
1 HEREBY CERTIFY THAT THE COLLECTIONS FOR THE PERIOD DESIGNATED ARE TRUE AND CORRECT
AND THAT THIS REPORT IS IN COMPLIANCE WITH NC GENERAL STATUTE 159-32
NUMBER
OF ENTRIES
DEPT. HEAD OR AUTHORIZED SIGNATURE
COUNTY COLLECTION AGENT
APR-22-2004 THU 14:22 TEL:[phone] NWE:DW0-WETLAP,IDS P. 5
,DWQ NCWRP 919 733 5321 04/22 104 15:49 NO-825 02/12
MECKLENBURG COUNTY BOARD OF CO-ADUSSIONERS
RESOLUTION
REGARDING WETLANDS CLEANUP AT LAKE W'YLIE
IVIOWLE HOME ESTATES
WHEREAS, Lake Wylie Mobile Home Estates, a mobile home development located on
Old Dowd Road in Mecklenburg County. North Carolina, is in violation of the Mecklenburg
County Soil Erosion and Sedimentation Control Ordinance because of a spill of sedimentation
i.z)to the wetlands on the property and into Lake Wylie that occurred during the development of
the mobile home park; and
WHEREAS, in order to bring the property into compliance with the Mecklenburg
County Soil Erosion and Sedimentation Control Ordinance, the spill of sedimentation into the
wetlands and into Lake Wylie needs to be cleaned up pursuant to remediation approved by the
State of North Carolina; and
WHEREAS, tb.e original developer for Lake Wylie Mobile Home Estates provided
Mecklenburg County a performance bond for American Manufacturers Mutual Insurance
Company guaranteeing that the silt and sediment would be cleaned up in accordance with the
terms of the County's Soil Erosion and Sedimentation Control Ordinance; and
WHEREAS, the County's Land Use & Environmental Services Agency staff has
negotiated a proposed agreement with American Manufacturers Mutual. Insurance Company
regarding Mecklenburg County's claims to the bond whereby American Manufacturers Mutual
Insurance Company would pay sufficient funds to Mecklenburg County so that Mecklenburg
County could oversee and take all necessary actions for the cleanup of the wetlands as required
by the State plan; and
RB MB: l M32. DocV 2/2/D2 -1-
APR-22-2004 THU 14:21 TEL:[phone] NAME:DWO-WETLANDS P. 2
DWQ NCWRP 919 733 5321 04/22 104 15:49 No.825 03112
I
WHEREAS, the staff of the Land Use &: Environmental Services Agency has
outlined a series of actions which the Mecldenburg County Board of Commissioners needs to
approve to effectuate the cleanup as indicated below. which actions the Board of County
Commissioners believes are appropriate; now, therefore, be it
RESOLVED that the Mecklenburg County Board of Commissioners approves the
following actions:
(1) The settlement of Mecklenburg County's claim against American Manufacturers
Mutual Insurance Company by accepting the sure of S 170,384.60, authorizing the County
Manager to execute the document entitled "Settlement Agreement and Release of All Claims,"
and recognizing, receiving, and appropriating such funds as outlined below;
(2) The expenditure by Mecklenburg County of up to 557,343.00 to clean up the
wetlands;
aI,.757,-:0 W-
(3) The payment of up to-?to the North Carolina Wetland Restoration
Program for the Catawba River Basin;
(4) The payment of to the North Carolina Division of Water Quality for
the fine unposed for violations at Lake Wylie Mobile Home Estates;
(5) The appropriation of the remainder of the funds to the Land Use &
Environm=ental Services Agency budget to reimburse tht budget for professional fees and
expenses incurred and to be incurred regarding the cleanup, including any outside engineering
costs that might be incurred;
(6) Execution of the "Agreement" between Mecklenburg County and kRCBENU,
L.L.C., the contract purchaser of Lake Wylie Mobile Home Estates, which sets forth the
respective responsibilities of Mecklenburg County and ARCBFN-D, L.L.C., with respect to the
cleanup of the sedimentation; and
RBC WB:135 032. Doc\ 12/2/C2
APR-22-2004 THU 14:21 TEL:[phone] NANE:DWQ-WETLANDS P. 3
DWQ NCWRP 919 733 5321 04/22 104 15:49 N0.825 04/12
w
(7) The acceptance of approximately 3.6 acres of land on Paw Creek Cove of Lake
Wylie from ARCBFND, L.L.C., said approximately 3.6 acre parcel being the property on which
the spill occurred, and being contiguous to the currently undeveloped 156 acre parcel owned by
Mecklenburg County known as the Berryhill site.
APPROVED the day of December, 2002.
APPROVED AS TO FORM
County Attorney
Clerk to the Board of Conunissionezs
(COUNTY SEAL)
RBC WB- 135032.Doc\12/2/02
-3-
APR-22-2©D4 THU 14:22 TEL:[phone]e93 NAME:DWQ-WETLANDS P. 4
. 'DWQ NCWRP
919 733 5321 04/22 '04 15:48 N0.825 01/12
North Carolina Department of Environment and
Michael F. Easley. Governor
FAX COVED SHEET
TO:
Natural Resources
V'Jilliam G. Ross Jr., Secretary
Fax Number:
FROM:
Phone Number:
SUBJECT: -Ak-z-Y21 ?
DATE:

Total o .L2- Pages (including cover sheet)
Message:
One
NC DENR Ecosystem Enhancement Program NorthCarolina
1619 Mail Service Center, Raleigh, North Carolina 27699-1619 Adut-ally
Phone: [phone] FAX: [phone] t Internet: h2o.enr.state.nc.us)Wrp1 aPR-PP-2004 THU 14:21 TEL:[phone] NAME:DWQ-WETLANDS P. 1
DWQ NCWRP 919 733 5321 04/22 104 15:53 N0.824 01/01
I-
North Carolina Department of Environment and Natural Resources
Mlichaal F. Easley. Govemor
FAX COVER SHEET

TO:
Fax Number: ?4277,3

Phone Number: /`"W- -?o ? ..
SUBJECT:
DATE:
1__z --? -
Total of pages (including cover sheet)

William G. Ross Jr., Secretary
NC DENR Ecosystem Enhancement Program
1619 Mail Service Center, Raiaigh, North Carolina 27699-1619
Phone: [phone] FAX: [phone] Internet: h2o.enr.state.rc.us.!wrp/
APR-22-2004 THU 14:25 TEL:[phone] NAME:DWQ-WETLANDS
One
NhCarolina
;Vatmrallff
P. 1
DWQ NCWRP
919 733 5321 04/22 '04 15:52 NO.825 12/12
Mecklenburg County N0. 1 018 2 8 4 2
INVOICE NO. P.O. NUMBER OESCRfFIRON AMOUNT
20040128 LAKE WYLIE MOBILE HOME EST 21,750.00
REC V D
APR 20 20
NC ECOSYSTe"
04HANCEMT PRO(
'inks DISOURSCb1ENTHAS DCCNAPPROYED
;A, REQUIRED BY7HIZ U=L60YERNMENT I ECKLENBU '1G COUNTY No-1 0 18 2 8-4 2 1
OUDaLT? AnDFlSCALCpNTROLACT' CHARLOTTE,. NORTH CAROLINA
VOID AFTER 180 DAYS jj? CHECK DATE
._ -°02/18/04
00010182842
TWENTY ONE THOUSAND SEVEN HUNDRED FIFTY & 00/100 DOLf.,ARS
****.e9ert*9c* $*'t**21 750 00
PAY TO THE NC DENR-DIVISION OF WATER
ORDER OF. QUALITY Inanc
1617 MAIL SERVICE CENTER
RALEIGH NC 27699-1617
FIRST CMZCNS DANK
CHARLOTTE. NC 23231 ,,rs1 r?Mnnnnrr
1111 10 18 2ati 2jo 1:0 S 3 10 4 28 E, 1:0 13 13 0064411'
APR-22-2004 THU 14:24 TEL:[phone] NAME:DWQ-WETLANDS
P. 12
DFJQ NCWRP 919 733 5321 04/22 104 15:52 NO.825 11/12
Mecklenburg County No. 10182843
1NVOICCa NO. P.O. NUMBER Ol:SCRiP7ION AMOUNT
20040128 I LAKE WYLIE MOBILE HOME EST 59,130.00
CEIVffiD
VR 12 20x4
NC S.COSYS?1
.., f%rv;:gT AROC?
F M413 DISOUR3EM HAS °?LOCAL. WrAANM"`°
AS RIZOVAEDR? V er MECKLENBURG COUNTY
. AS RE T?+6 «???? NOS 018 2 ? 4 3
BUDGET AND FISCAL CONTROL ACT.'. CHARLOTTE, NORTH CAROLINA 6a,?2g
YOID AFTER I= DAYS 531 CHECK DATE
02/18/01
00010182843
FIFTY MINE THOUSAND ONE HUNDRED THIRTY & 00/100 DOLLARS*********** $ ""*59,130.00`
PAY TO THE NC.: DEPT OF,ENV. & NAT RESOUECES
pRDER OF. DIV' OF WTR QUAL/WETLNDS RESTOR r inancn
-1619 MAIL SERVICE CENTER
R4EIGH NC 27699-1619
FIRsT cmzc-Ns BANK
CHARLOTTE. NC 2$231 u Mnnagor' y
II' LO 18 284 3110 1:0 5 3 LO L 2861:0 L 3 L 30064411'
APR-22-2004 THU 14:24 TEL:[phone] NANE:DWO-WETLANDS
P. 11
(Division of Water Quafity l/
i e / /Date:
MEMO From: L4
Subject:
S?v re
U e G e i v?dt G1 t?q'l'c Aeo v44 11, i 4
l.v (/f ; H le l y ?? " '8Gl C") aI u + IJa(/'i
?v e ?l y ??' l ?` ?? p?? 41,9 j0 5 4a v f'
w0??< li`Qv,oviv',9 foe 37LOGfI'4121 e,,r T
sctG??p/7
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G/ h l;-/ GL?' Get "- -e l/u Ile, a 7G,

CDEK
North Carolina Department of Environment and Natural Resources
PC Box 29535, Raleigh, North Carolina 27626-0535 / Phone: [phone]
A P=- NORTH CAROLINA DEPARTMENT OF
j'A ENVIRONMENT AND NATURAL RESOURCES
MCDEN "? MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
JAMES E. HUNT JR. August 9, 2000
GOVERNOR
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BILL HOLMAN
SECRETARY Lake Wylie Developers, LLC
Mr. Jeff Avery
P. O. Box 472888
Charlotte, NC 28247
Subject: Notice of Violation and Recommendation for Enforcement
Surface Water and Wetland Standard Violations
Water Quality Certification Violation
Lake Wylie Developers, LLC
Lake Wylie Mobile Estates
Mecklenburg County
Dear Mr. Avery:
On March 31, 1998 and July 14, 1998 Division of Water Quality (DWQ)
staff conducted a site visit of the subject facility known as the Lake Wylie Mobile
Estates project located along Walker Ferry Road in Mecklenburg County. The
inspection revealed that approximately 174 linear feet of unauthorized stream
impacts and approximately 2 acres of wetland impacts occurred due to the
deposition of 6 to 25 inches of sediment from land disturbing activities. The
unauthorized stream impact is a violation of 15A NCAC 213 .0211 (2) and the
impact to wetlands is a violation of 15A NCAC 2B .0231(b)(1-2), as follows:
15A NCAC 2B .0211 (2) "Conditions Related to Best Usage. The waters
will be suitable for aquatic life propagation and maintenance of biological
integrity, wildlife, secondary recreation, and agriculture; sources of water
pollution which preclude any of these uses on either a short-term or long
term basis will be considered to be violating a water quality standard;"
15A NCAC 2B .0231(b)(1-2)
1) Liquids, fill or other solids or dissolved gases may not be present in
amounts which may cause adverse impacts on existing wetland uses;
2) Floating or submerged debris, oil, deleterious substances, or other
material may not be present in amounts which may cause adverse
impacts on existing wetland use.
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

On August 10, 1999, DWQ Central Office received a Pre-Construction
Notification Application and a restoration plan to address the above mentioned
violations. An after-the-fact 401 Water Quality Certification dated October 6,
1999 was issued for these impacts with the following conditions:
1) Deed notification or similar mechanisms shall be placed on all lots
with remaining jurisdictional wetlands and waters to notify the State in
order to assure compliance for future wetland and/or water impacts.
These mechanisms shall be put in place within 30 days of the date of
this letter or issuance of the 404 Permit (whichever is later).
2) DWQ shall be sent a written hydrological monitoring plan within one
month of the date of issuance of the Certification. This plan shall
include success criteria and shall be approved by the Division.
3) DWQ shall be sent a streambank stabilization plan for the unnamed
tributary to Paw Creek within one month of the date of this
Certification. These plans shall include plans for woody facings
similar to those planned in the weltand mitigation area.
4) A conservation easement shall be recorded on the wetland and stream
areas within two months of the date of this Certification. DWQ shall
be copied with this easement.
5) The 401 Certification also required payment into the Wetland
Restoration Fund within one month of the date of the Certification.
A DWQ file review and a review of the Wetland Restoration Program
records indicate that restoration payments and the other documents noted above
have not been received. Therefore, you are in violation of the 401 Water Quality
Certification issued for the subject project.
These 401 Water Quality Certification violations and future violations are
subject to a civil penalty assessment (in addition to the mitigation payment) of up
to $25,000 per day for each violation. This Office requires that the noted
violations be abated immediately.
In order to comply with the terms of the 401 Certification please return the
attached Summary of Permitted Impacts and Mitigation Requirements Form to the
Wetland Restoration Program at NCDENR - Division of Water Quality Wetlands
Restoration Program, 1619 Mail Service Center, Raleigh, NC 27699-1619. The
WRP will calculate and mail a formal invoice detailing the amount of the required
payment. Upon receipt of this invoice immediate payment to the WRP is
required.
It is requested that you respond to this letter in writing within 15 days of
receipt. Your response should address your proposal to correct impacts to the
unnamed tributary to Paw Creek and wetland; and also include a schedule with
dates indicating when each of the condition detailed in the Certification will be
met. Also you must provide a clear date when payment to the WRP will occur.

Thank you for your attention to this matter. The Mooresville Regional
Office is considering preparing a recommendation for Enforcement regarding the
described violations. If you have any questions, please contact Danny Smith at
[phone], or Pete Colwell or me at [phone].
Sincerely /
D. Rex Gleason
Water Quality Regional Supervisor
cc: Mooresville Regional Office - File Copy
401/Weland Unit - Danny Smith
Corp of Engineers- Asheville Regulatory Field Office
Kia Whittlesey - Mecklenburg County
DWQ Non-Discharge Compliance
Jill Hickey -Attorney Generals Office

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
4 0 0
1. e-
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 6, 1999
Mecklenburg County
DWQ Project # 990844
s
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Mr. Jeff Avery
Lake Wylie Developers, LLC
PO Box 47288
Charlotte, NC 28247
Dear Mr. Avery:
You have our approval, in accordance with the attached conditions and those listed below, to retain fill
material in 174 linear feet of streams for the purpose of installing road crossings and removing fill in wetlands and
waters at Lake Wylie Mobile Home Park in Mecklenburg County, as you described in your application and
mitigation plan dated August 9, 1999. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Numbers 3101, 3105 and 3108. These certifications allow you to use
Nationwide Permit Numbers 14, 16 and 26 when the Corps of Engineers issues them. In addition, you should get
anv other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of this Certification
and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
211 .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. DWQ shall be copied on a written hydrological monitoring plan for written approval within one month of the issuance of the
Certification. Success criteria shall be included in this plan.
3. DWQ shall be copied on a streambank stabilization plan for the unnamed tributary to Paw Creek within one month of the date of
this Certification. This plan shall include plans for woody facines similar to those planned in the wetland mitigation area.
4. A conservative easement shall be recorded on the wetland and stream areas within two months of the date of this Certification.
DWQ shall be copied with this easement.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 211 .0402, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H
.0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check
(made payable to: DEHNR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell
should be contacted at 919-733-5219 if you have any questions concerning the Wetland Restoration Program. You
have one month from the date of this Certification to make this payment. For accounting purposes, this
Certification authorizes the fill of 174 feet of streams, in 030834 river and subbasin and 174 feet of stream
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetiandc.html

mitigation are required. Please be aware that the Wetland Restoration Program (WRP) rules require
rounding of acreage amounts to one-quarter acre increments (15A 2R.0503(b)).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Domey at 919-733-9646.
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File Copy
Central Files
Ron Ferrell; Wetland Restoration Program
Kia Whittlsey
Donna Lisenby; Lake Wylie Keeper
E. Cary Ayers; Rowboat Dock and Dredge
Craig Wyant
Joe Mickey; WRC
990844.1tr

NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H.0500, Lake Wylie Mobile Home Park has permission as outline below
for the purpose(s) of proposed road crossings. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS NOT
VLID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION: - SR 1193 near Lake Wylie
COUNTY: Mecklenburg
BASIN/SUBBASIN: 030834
As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded
to one-quarter acre increments according to 15 2r.0503(b)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
174 linear feet of stream channel
(other)
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this
form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLESES NOTE, THE ABOVE PACTS ARE
NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature
Date
NCDENR-Division of Water Quality
Wetlands Restoration Program
1619 Mail Services Center
Raleigh, NC 27699-1619
919-733-5208
4 r %
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
August 3, 1998
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr.Darrell Avery
Northwest Development Group
Lake Wylie Developers, LLC
4200 Brookshire Blvd.
Charlotte, NC 28216
Re: Violation of NC Wetland Standards and 401 Certification Rules
Lake Wylie Mobile Estates
Mecklenburg County
Dear Mr. Avery:
4 0 0
DC)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
On July 14, 1998, staff from the NC Division of Water Quality conducted a follow-up site visit to the Lakc
Wylie Mobile Estates as discussed in our letter of April 27, 1998 to determine the status of the sediment that was eroded
into wetlands adjacent to Lake Wylie. As you know DWQ staff visited this site on March 31, 1998 in response to
complaints regarding sediment deposited into the wetlands.
DWQ staff found up to two feet of sediment in a large portion of the wetlands with associated dying trees. In
addition the sediment and erosion control measures appeared to be poorly maintained so additional sediment could be
readily eroded into these wetlands. Finally two road crossings were observed for which we have no record of a 401
Certification being issued.
In order to resolve these matters, you must;
(1) Repair the sediment and erosion control devices to the satisfaction of the Mecklenburg County
sediment office. I have informed them of the situation via a copy of this letter.
(2) Apply for after-the-fact approval for the road crossings with the US Army Corps of Engineers
and NC Division of Water Quality. An application form is enclosed for this purpose.
Compensatory mitigation may be required depending on the length of stream impacted.
(3) Dredge silt deposited in the lake at the mouth of the creek that originated from your site.
(4) Remove all sediment from the wetland where equal to or greater than one foot of sediment has
been deposited.
The depth of sediment in the area shall be systematically surveyed and reported to DWQ along with a
remediation plan and schedule. Planting of the area with appropriate woody species after dredging will also be
required.
Please respond to this letter within two weeks of receipt in your office. Please be aware that civil penalties
are possible as outlined in our April 27, 1998 letter. If adequate site stabilization and site remediation is undertaken,
DWQ has decided to not assess a fine at this time. However if immediate measures are not undertaken, DWQ will seek
an injunction and proceed to assess fines for the impact to the stream, Lake Wylie and adjacent wetlands.
Please call Mr. Mike Parker of our Mooresville Regional Office at 704-663-6040, Mr. Pete Colwell or me at
919-733-1786 if you have any questions.
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX ## [phone]
An Equal Opportunity Affirmative Action Employer 5017o recycled/107o post consumer paper
k- 4 - w
-111
S' tR.mC5YI
John cc: Asheville Field Office US COE
Mike Parker, DWQ Mooresville Regional Office
Jill Hickey, NC Attorney General's Office
Kia Whittlesey, Mecklenburg County
Pete Colwell

e
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
14 May 22, 1998
NCDENR MEMORADUM: t p .?..
i
To: Wayne McDevitt i 1 iY 2 9 19 d
JAMES B. HUNT JR. T y
GOVERNOR Through: Bill Holman 1'tETL' ;DS U; ;;;p
i MATER Ui?
LIiY SECTIM ?.
From: Preston Howard
wAYNE M'CDEViTT Subject: Lake Wylie Mobile 'Estate, Charlotte, NC
SECRETARY
On March 31, 1998 Mike Parker from the Division's Mooresville
Regional Office and Pete Colwell from the Central Office met Ms. Kia
A. PRESTON HOWARD, Whittlesey with Mecklenburg County to examine the Lake Wylie Mobile
JR., PE. Estates problem. It is estimated that approximately 2 acres of wetlands
DIRECTOR adjacent to Lake Wylie have been impacted by sediment accumulation
from the project development upslope. The situation is somewhat
complicated by the fact that no US Army Corps of Engineers permit or
State 401 Water Quality Certification was required for the development.
The COE has also stated since that it will not require after the fact permits
for the sediment deposition because it was not intentional and not
deliberately placed in the wetland. Without COE requiring a permit there
is no State 401 regulatory hook for the project or the wetland impact.
Staff has been examining the wetland impact as a possible violation of the
wetland standards adopted in October of 1996. To date the Division has
not pursued a wetland violation solely on the merits of a wetland standard
violation, and staff has been proceeding cautiously. John Dorney has sent
a "warning" letter (see attached) to Mr. Darrell Avery, the developer of
Lake Wylie Mobile Estates, stating the concerns of the Division and
possible violation of the wetland standards. Central Office and Regional
Office staff have scheduled a second site visit on June 30, 1998 to
- determine the extent of the damage to the wetland. During this site
examination, staff will also formulate their recommendations for wetland
restoration and/or civil penalties for violating the standards. There is also
a potential problem with wetland impacts associated with a water line to
the development that will be examined.
The Division remains committed to protecting the State's wetland
resources, but we are proceeding carefully with this case since we are
breaking new ground.
cc: Coleen Sullins
Dennis Ramsey
L J6hn Domey
P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -SO% RECYCLED/10% POST-CONSUMER PAPER
.
State of North Uarotma
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
© Y
4 0'
00
liD-1ENJ\?
CAROLINA CEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 27, 1998
Mr. Darrell Avery
Northwest Development Group
Lake Wylie Developers, LLC
4200 Brookshire Blvd.
Charlotte, NC 28216
Re: Violation of NC Wetland S tandards 15A NCAC 2B .0231
Dear Mr. Avery:
On March 31, 1998 Mr. Mike Parker from the Division's Mooresville Regional
Office and Mr. Pete Colwell from the Central Office made a site inspection to the Lake
Wylie Mobile Estates project being developed by your company. They found that
considerable erosion had occurred on the project site and that as much as 18 inches of
sediment from your project site had accumulated in the w--lands adjacent to Lake Wylie
as well as in the Lake itself. By allowing the sediment to accumulate in the adjacent
wetlands you have vioiated North Carolina Water Quality Standards regarding wetlands
(15A NCAC 2B.0231).
These wetland standards state that "liquids, fill or other solids may not be present
in amounts which may cause adverse impacts to existing wetland uses; hydrological
conditions necessary to support the biological and physical characteristics naturally
present in wetlands shall be protected ..."; and that "the populations of wetland flora and
fauna shall be maintained to protect biological integrity". Under General Statute 143-
215.6(a) civil penalties up to $10,000 per day may be assessed for violations of water
quality standards.
The Division has also reviewed the Progress Report - Recovery Plan written by
Dr. Sue McCuskey. The report estimates that sediment had been deposited over 2 acres
of the 2.5 acre wetland area and exceeds 6 inches in depth over approximately 1 acre.
According to Ms. Kia Whittlesey with the Mecklenburg County, the erosion control
measures that allowed the unauthorized filling of wetlands have been corrected. It has
also been brought to our attention that there may be additional wetland impacts from the
construction of a waterline to the project site.
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX [phone]
An Equal opporwniry Affirmative Action Employer 5074 recycledlIV5 post consumer paper
The Division will be malting another site visit to Lake Wylie Mobile Estates in
the near future to more accurately assess the wetland impacts and to determine what
corrective measures should be taken. You may be required to remove all or part of fill in
the wetlands and restore the vegetation, to monitor the wetlands for long term impacts,
and / or compensate for the loss of wetland function through payment to the NC Wetland
Restoration Program.
Should you have any questions concerning this matter please contact Mike Parker
at 704-663-6040, or Pete Colwell or myself at 919-733-1786.
S' cIr?l
John R. Dorney
ti etlands / 401 Gro
cc: Asheville Field Office, USCOE
Mike Parker, DWQ Mooresville Regional Office
Jill Hickey, NC Attorney General's Office
Kia Whittlesey, Mecklenburg County
Pete Colwell, DWQ Central Office
NcnTH CAROLINA DEPARTMENT OF?
ENVIRONMENT AND NATURAC_ REsouKc-=?
May 4, 1998
Executive Director Michael McLaurin
hnake V.7ylie Marine Commission
Post Office Box 35008
Charlotte, NC 28235
Dear Director McLaurin:
Thank you for your letter of April 27 concerning a wetland destruction
case that vr?- repcrt--d OCC:'.:.:ed in Take Wylie in Mccklenbnrg Coun -.
Copies of your letter have been forwarded to Assistant Secretary for
Environmental Protection Bill Holman and Director of Water Quality Preston
Howard. 1 have asked that they investigate your concerns and contact you
directly. I have also requested that they advise me of their findings.

Thank you for bringing this matter to my attention.
Sincerel
Wayne McDevitt
` TNL/ I;
cc: Assistant Sucrctary Bill Holman
Division Director Preston Howard yr
?,J?i w Uiu

^I l?j 7 7'
I-AAY - I Inn .?.,n
? r, ;?0"i"L R dl + I G I I?-v
P.O. SOX 27687, RALEIGH NC 2761 1-7687 / S12 NORTH SALISBURY 578E=T, FeALEIOM' 0127604
PHONE [phone] FAX [phone] N'K".y tv.;?sh%7 trJc.us/EHNR/
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE= '10', POST-CONSUMER PAPER
THE LACE WYLIE MARINE COMMISSION
ETARY
POST OFFICE BOX 35008 PHONE
CHARLOTTE, N.C. 26235 AREA(
April 27, 1998
7tENVIRONMENT
AND NATURAL RESOURCES
PREF
ERRED TO
Mr. Wayne McDevitt, Secretary
North Carolina Department of Environment and Natural Resources
Post Office Box 29535
Raleigh, NC ?7626-0535
Dear Mr. McDevitt:
The Lake Wylie Marine Commission is seeking your assistance in a wetland destruction case
that occurred in Lake Wylie located in Mecklenburg County. As contained in the attached news
article, approximately 2.47 acres of wetlands were destroyed. The Lake Wylie Marine
Commission is requesting that the State of North Carolina require the developer restore the
damaged wetland.
Since early February, the Marine Commission has been working with the Catawba River
Foundation, Inc. (including the Catawba RIVERKEEPER) and Mecklenburg County in
attempting to have these problems corrected. While a great deal of progress has been made, the
wetland issue has not been completely resolved. It is my understanding that Mecklenburg
County is currently working with John D? from your department in this effort.
Cn b,i-,a'-cof the Lake Wylie Marine Commission, we appreciate your willingness to insure that
it will be mere expensive to pollute than to comply. We look forward to your assIsiancl; in
making sure the wetland is restored.
Sincerely,
Michael McLaurin M04Z
Eszcutlve Director
1300 BAXTER STREET-CFIARLOTTE, N.C. 28204

416
704
Plense see GW 1 Fsab? 1 M tto++d Ism • ssetssrsd bodastr>< ttse We-.
IOA FRMky, MRnAltY9 19" FROM PAGE ONE
Eroding dirt smothers Wylie wetland
MUD
Continued from page IA
five times since last April. His
contractor says frequent run and
the steep she made it hard to
cents= the mud
All the acme Avery will have to
dean out the burwd 2Yracie wet.
land, said county Land devebp-
ment manager l a Whiitlesey.
Ibis is something that never
should have happened," Whittle-
sey Laid
1Ca hard to think of muddy
water as an environmental haz-
ard. Yet it affects us all.
Sediment reduces the capactty
of Duke Powers lakes to handle
flooding and wean out hydro
electric turbines. It can strand
valuable lakeside property. It
raises drinking-water treatment
costs. It means fishermen are
more 'likely to =': Crp than
striped bass. It tarries toxic pol-
lutants. And it suffocates the
pleas and tiny critter at the
bottom of the food ch in
"It curs a seek into a desert,
bastcalty." Wd Rusty Ro-elle,
wattt-quality thief of the Meck.
lenburg County Department of
E.nvlroomental Protection. "It
fills the bottom and just chokes
the life out of tL""
While bacteria, toxic poll nnants
and nutrients pox govt risks for
Carolina waters, sediment dwarfs
them by its sheer volume.
In measurements three years
ago, the U.S. Geological Survey
calculated that 165,1100 tons of
sediment flowed pant Its monitor.
Ing station on the Yadkin i ever in
a single month.
"It is din and some of its
natural, end we're accelerating
the process so much," mid David
Braatz a Dulca biologist. "Ilse
only long-term answer has rat ae
to protect the watenhed. We Lave
to stop It from getting ter he
water."
That hasd't happened
MUDCO OL
The state Sedimentation
Control Cammwion rec-
ommended some reforms
last November ands ex-
ploring others. Among the
proposed changes:
¦ Shorten cewiines for re-
planting bare ground from
30 to i5 Mortcmg cat's.
• Remove political rtfluence
from the 37 county eresm-
tdnttd progams.
¦ Cznc+oer streerriomtk buffer
nines for consoucvm sites.
¦ Intoream rupartseAM on
cormactors for monitoring
MGM.
¦ Include agxnxrbxre, now ex-
empt, under sedrnentatxon
laws
Sound: N.C. D..ao+ at haM Pa-
1,-4
Elsewhere on Lake Wylie.
birch tree grow in the pikes of
dut that washed down Crowder
Creek
"We used to water-ski under
that bridge. Now you can walk
across it and probably not get the
tops of your shoes wet, " said Pick
Freeman, who has lived on the
S.C. cove for ¦ decade. "Fairly
soon, most of the lots on Crow.
den Creek will be water-view.
They won't be waterfront any.
mom."
A narrow cove of Mountain
Island Lake, now lined with ex.
pensive new houses, is still
dogged with sediment from the
consQUmon a few years back of
nearby N.C. 16.
list summer, alter a gaudy
plume of construction mud
coursed down the Neuse River,
Gov. Jim Hunt had seen enough
He directed the state Sedimenta-
tion Control Commission to re-
form the state's erosion-control
laws.
The commission etude some
recommendations last November
and is working on more. They
include beefing up enforcement
and enlarging "grossly under.
staffed" state programs.
Ibere is a growing aware-
Rees," sold Charles Gardner, di-
rector of the N.C. Division of
Land Resources. "Ihe problem is
getting worse because there's
more development going on."
Mecklenburg is taking a new
¦pproacn to its own sedimenta-
tion orduance. Whlttlesey said,
such as encouraging develop-
ment in shorter stages that leave
less bare earth exposed to rain.
Enforcement has also stiff.
ened County regulators cited 64
erosion violations in the last six
months of 1497, double the num-
ber of late 1996. They cited 27
violabons in the rainy month of
January alone.
Pete Hogaboom of Chartone
discovered the Paw Creek sedi-
ment while duck hunting on like
Wylie last month.
l noticed that the coastline
had changed." Hogsboom said.
"Where 1 was normally walking
around in about a toot of water, 1
was walking on a Layer of fine,
fresh sediment."
lie called Ilsenby, who last
month became a paid guardian of
the river and its lakes as the
Catawta's finst rmrkeeper. Lis-
entry had already spotted a 30-
foot-wide plume of red mud in the
lake. She traced it to Lake Wylie
Mobile Estates.
Ed Cauthen. project manager
for Crowder Construction Co.,
said heavy runs beginning Last
summer overwhelmed erosion
controls at the steep 49-scie prop.
erty. "It's a tough site," he said.
Sediment filled basins de.
signed to keep mud out of the
wetland. Cauthen said. and con-
tinuing run made it difficult to
keep them cleaned out.
."We've done everything the
county has asked us to do, every.
thing our erosion-control plan
called for us to do, and well
cogtinue to do that," said Avery,
owner of Lake Wylie Mobile Es-
tates.
Mud hearty 2 feet deep basi-
cally killed the wetland below, the
usAtr park. Liaenby said
.Gone is its capacity to filter
runoff before it reaches the lake.
B•rnod alrve are the frogs and
othn burrowed amphibians that
wmild have provided food for
ycung fish and waterfowl.
i "the sad thing is as we con-
timm: to push development along
Lath Wylie, we're killing the ba-
b.ea in the nursery; I iseaby said.
"Eraentially, once this kind of
degradation o==, it's irrepan-
bie except for the passage of a lot
of time."
Reach Bruce Hadcraon at (71)4)
358-5051 or
?InJsr@c?srlstf a.ca• .
Pack GKINUA ,0aaai b ear 0-
Donna Usettby, stands In a wedand area nor Pew Q•ek that has suffered trernendous dnnage because of ^.rroff from a construction aJte.

TaL ?ulth? uLLWJVv tt?b l,,l`ttG
mud cocktail
?,®f
new controls eyed
ters
Erosion clo ;
gs wa
t
C7 61it1CE Inds
UUD JTOU
.?- S? Wn
Tta mud Cowed like • redly t1mo6tk
?nmt o./• Dawn c band ?'? Iike µh Aver and
tt in uo • wand
b
s bamas > oo .tw
it mbxlllof the
y u a ra ed Plunk a?g O lnkt
u
CG"Ag .==
Iha
• Srr tom'
Wm.d#dirig lmpeCtnB the damage
M,22: P in the
fL aa ?
}aepa =
Oxm and an-
Irrugs. o
oiled aedrmerrt - an d i, nd lakrs across
i
¦Reduces
teser-OWS _
1 V1Ybe the C_w
loBged forests and atmrbtlng
the Cuoli r, farms
i
ablIfty to Store
Y
,
a-W-e. mmrnon
nd
Ilut acvu
the thou
k
¦StranCs lake- ban
s`
we
the
tram yCU &lid the new each
resr+tt• troat m
ouucw
hmrn voPe'n•
¦Hurts PPrrw acids of homcsn
roads that tl' t eroslon<onrml laws
frh haonat.
taoc Acknowledgt with devefoPmestt. • sw wen
,m kept pace
f reforms.
h
•Canes
pollutacrts
nSe? .
• series o
misakxt has rom me+ washed tom
This weeif s hard rains..
d
t
¦ PreRla
wan tryd o ee
that
mote aod
trLaer-p-it
ec"XIC
FS _ C"ek gae,
At the
I trim Avery hss been ?ted toe erosion vrotatrxts
ptcase see E3tJD ! Pie l V1
eIIdangers la-mes
t• ?t• },? ???5 w
?ywvsPynTr'da-+
sboots and M^t• t" tha
Dor !?• sad
"story of "" ?d?0. _.I-
art trwn t1w s?oplor tha'a"-
t5o++d kstn a wlSand dahrL
nOp *AOi Ctt[ ----?
and Natural Resources
Divisicn cf Water Cualit'/
'j ." S ' i ;lint, Jr., CCVerncr
Sill ; ;ciman, Secretary
Kerr T. Stevens, Direc:cr
r z- r
?
t .
D E N R
Divisicn of Water Quciiry
Envirenmenicl Sciences Branch & Weilcnds/40 i Unit
Lcc-.ticn: Reecy Creels Rccd .
Rcleicn, N.C. 27607
Mailing Address: 1621 i'v1cii Serit Cramer
Rcieic?, N.C. 27&;9
I FAX: (91?) 733-:'c59
Fa : TO:!. Ul- I FAX NUMBER: 70
,q6 3 7
FROM:
PHONE: ,
NO. OF PAGES INCLUDING THIS SHE.c:

li yCl: receive this iCY ?y IS-Cke ..Cil: c33 (? / "-vC/,D cr Yle-lcnCS (c i ?) 7313-1 7C6.
August 24, 1999
Mr. E. Carey Ayers, Engineer
The Rowboat Company, Inc.
858 Williamson Road
Mooresville, North Carolina 28155
RE: Lake Wylie Mobile Home Park Wetland Restoration, Mecklenburg County.
Dear Mr. Ayers:
This correspondence is in response to our review and comments regarding the Lake Wylie Mobile
Home Park Wetland Restoration Plan. The North Carolina Wildlife Resources Commission (NCWRC) is
authorized to comment and make recommendations which relate to the impacts of this project on fish and
wildlife through the Federal License of Water Resource Project Act (Federal Power Act-16 U.S.C. 791a
et seq.), the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.), and the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661-667d). This activity will occur on Federal Energy Regulatory
Commission Project Number 2232.
The applicant, Lake Wylie Developers, LLC, proposes to restore approximately two acres of
wetlands and remove approximately 6,000 cubic yards of silt from Lake Wylie. They also are applying
for an after-the-fact 401 permit for placement of 174 linear feet of pipe in an unnamed tributary of Paw
Creek. This project has three parts: Area 1) remove sediment from Paw Creek cove on Lake Wylie by
dredging, Area 2) remove sedimentation which has accumulated in a 2.8 acre forested wetland/floodplain,
and Area 3) restore the 2.09 acre cleared wetland/floodplain to re-establish the wetland functions of the
area. Siltation that has accumulated to a depth of six inches or greater will be removed from the forested
wetland and cleared wetland. At Area 3 (cleared wetland) a bioengineered energy dissipating device will
be constructed at the outfall of the existing stromwater drainage pipe and facines and live stakes will be
installed at approximately 20 foot intervals along swales. The entire cleared area will be planted with
desirable woody wetland species at a density of approximately 600 plants per acre. The entire disturbed
area will be re-seeded with a wetland seed mix for groundcover surface stabilization for water quality
function and wildlife food source.
Two 0.1-acre plots will be established within the restored area to monitor the success of the
vegetation and hydrology over a period of five years. At the end of the required monitoring period, a
minimum survival rate of 320 plants/acre will be used as success criteria. The entire restored area will be
donated to the Mecklenburg County Park and Recreation Department and placed under a permanent
conservation easement. The developers plan to mitigate for impacts to 174 linear feet of stream channel
by payment of $125 per foot to the NC Wetlands Restoration Program.
In general, we are pleased with the plan for restoration of natural communities at the site. Based
on our review of the project, we recommend that the wetland restoration plan be modified as follows:
Lake Wylie Mobil Home 2 08/24/99
Park Wetland Restoration Plan
1. Remove sediment that has accumulated to a depth of 2 inches or greater, instead of G' or greater
as noted in the plan. If restoring the wetland hydrology is the goal of the project, then most of the
accumulated sediment needs to be removed to as close to original ground contours as possible.
Three vernal pools need to be constructed in the cleared wetland. These vernal pools should be
approximately 8' wide x 16 feet long x 3 feet deep. These areas can be used by amphibians as
seasonal breeding pools. These sites can be located at the lower end of swales which traverse the
restored wetland.
3. How will the hydrology at the site be monitored and what success criteria will be established? A
hydrology monitoring plan with success criteria needs to be included in reclamation plan.
4. The seeding plan needs to be modified to include more wetland plant diversity. The following
species should be added to the proposed seed mixture:
• Joe-pye weed (Eupatorium fistulosa) 2.5% of mixture
• Swamp milkweed (Asclepias incarnata) 2.5% of mixture -
• Sensitive fern (Onoclea sensibillis) 5.0% of mixture
• Three square spike rush (Scripus americanus) 2.5/0 of mixture np
• Button bush (Cephalanthus occidentalis) 5.0% of mixture;
• Elderberry (Sambucus canadensis) 2.5% of mixture-66v C
• Eastern gamagrass (Tripascum dactyloicles) 2.5% of mixture eo
5. Facines and live stakes should be constructed of silky dogwood (Connis mnonutin), silky willow
(Salix sericea), and black willow (Salix nigra) and collected and installed/planted in the dormant
growing season. Live stake cuttings of these species should also be planted along disturbed bank
of the unnamed tributary to Paw Creek, especially at the road crossings. Live cuttings should be
planted on 3 foot centers from the waters edge to the top to the stream bank.
6. To help compensate for loss of wildlife habitat at the site, artificial nest structures should be
installed for species such as bluebirds (place boxes along the margin of open areas), wood ducks
(place boxes on predator-proof poles along the margin of the lake and near large pools along the
stream), and gray squirrels and screech owls (place boxes throughout the woodlands at the site).
s
7. A confirmation letter from Mecklenburg County Park and Recreation Department stating that
y they have been contacted and will accept the conservation easement for the site needs to be
included in the restoration plan.
If you have any questions regarding these comments, please contact me at 336/366-2982.
Sincerely
Joe H. Mickey, Jr.
Stream Mitigation Coordinator
Habitat Conservation Program
cc: Mr. John Dorney, DWQ
Mr. Mike Parker, DWQ
Mr. John Ellis, USFWS
Mr. Jeff Lineberger, DPC
Mr. Chris Goudreau, WRC
Mr. Ken Knight, WRC
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1//o/A -
Division of Water Quality
Environmental Sciences Branch & Wetlands/401 Unit
Location: 4401 Reedy Creek Road
Raleigh, N.C. 27607
Mailing Address: 1621 Mail Service Center
Raleigh, N.C. 27699
FAX: [phone]
FAX TO: "t11(,% 111 W11 11 P-' ;I" I FAX NUMBER:
FROM:
PHONE: I
NO. OF PAGES INCLUDING THIS SHEET: C+ I

D E N R
5-

WA
upv
If yc a receive this fax by mistake call: ESB [phone] or Wetlands [phone].

March 27, 2000
Jeff Avery
Lake Wylie Developers, LLC
Box 472888
Charlotte, NC 28247
Dock & Dredge
THE ROW BOAT COMPANY, INC.
Rowboat Job Number: 98-331
Re: Wetlands Restoration
Lake Wylie Mobile Home Estates

Dear Mr. Avery:
Please provide us with an update of the status of the above project.
Sincerely,
THE ROWBOAT COMPANY,INC.
E. Carey Ayres
Engineer
Cc: Kia Whittlcscy
John Downey
,?;?292C?00

858 Williamson Road • Mooresville, NC 28115 • [phone] • FAX [phone]
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Laice Wylie Mobil Home
Park Wetland Restoration Plan
08/24/99
Mr. Steve Chapin, COE
t BURRIS, MACMILLAN, PEARGE & MAYER, LLP
ATTORNEYS AT LAW
ROBERT N. BURRIS* 6657 FAIRVIEW ROAD, SUITE 100 TELEPHONE
DOUGLAS P. MACMILLAN* [phone]
HUGO A. PEARCE, III* CHARLOTTE, NORTH CAROLINA 26210
GREGORY P. MAYER FAX
MARGERY A. BURRIS November 17, 2000 [phone]
'ALSO LICENSED IN SOUTH CAROLINA
Mr. John Dorney
NC Department of Environment
And Natural Resources
Water Quality Lab
4401 Reedy Creek Rd.
Raleigh, NC 28607
Re: Lake Wylie Developers - Lake Wylie Mobile Estates
Dear Mr. Dorney:
Please be advised that I am general counsel for Lake Wylie Developers, and as such have
been directed to inform North Carolina Department of Environment and Natural Resources that
Lake Wylie Developers has received the "Approval of 401 Water Quality Certification and
Additional Conditions". It agrees with and will comply with all requirements.
Item #1: The deed notification will be attached to any deed conveying any interest in
the wetlands. I am speaking with Ron Farrell about the conservation easement and my client
agrees to enter into the Water Conservation Easement Agreement, as outlined in the material he
sent me.
As relative to Items 2 and 3 of the Notice, please see attached materials from Rowboat
Dock & Dredge.
As to Item 5, my client also agrees to said Payment.
I am copying Mecklenburg County with this letter as requested by Mr. Robert Adden,
Attorney for Mecklenburg County.
Very truly yours,
c
Robert N. Burris

CC: Robert Adden
Ms. Kia Whittlesey

November 9, 2000
NCDENR
Division of Water Quality
Environmental Sciences Branch
John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
RE: DWQ Project # 990844
Lake Wylie Mobile Home Park
Wetlands Restoration
Dear Mr. Dorney:
arc-111 (7)))], 4 1
0 17
Dcca? Dredge
THE ROW BOAT COMPANY, INC.
As requested by Lake Wylie Developers, LLC. We have prepared for your review and approval a
hydrologic monitoring plan and a streambank planting plan for the unnamed tributary of Paw
Creek for the above project. These plans were requested in item 2 and 3 of your letter of October
6, 1999. Seven copies of these plans are enclosed for your approval process.
We look forward to hearing from you at the earliest time possible.
Sincerely,
THE ROWBOAT COMPANY, INC.
E. Carey Ayres
Engineer
Cc: Jeff Avery
Kia Whittlesey
858 Williamson Road • Mooresville, NC 281 15 • [phone] • FAX [phone]
Hydrologic Monitoring Plan & Streambank Planting Plan
Lake Wylie Mobile Estates
DWQ Project #990844
Wetland Restoration Area
Hydrology Monitoring Methodology
Hydrology of the restored wetland area will be monitored with the placement of at least two
shallow monitoring wells or piezometric wells in designated 0.1 acre representative sample
plots as indicated on the original Restoration Plan. Shallow monitoring wells will be
designed and installed according to the guidelines and specifications of US Army Corps
Waterways Experiment Station guidance document WRP Technical Note HY-IA-3.1, August
1993 "Installing Monitoring Wells/Piezometers in Wetlands". Piezometric wells will be
purchased from an approved manufacturer of self-contained piezometric wells such as the
WL-40 model as manufactured by RD Systems of Whiteville, NC or similar device.
Piezometric devices will be installed and calibrated per manufacturer's instructions. It is
recommended that each plot have one of each type of well spaced a few feet apart for
reference observation and for continuity of data gathering in the event of electronic failure,
vandalism, or physical disruption of the piezometric device.
Data will be gathered using one of two methods; electronically uploaded from a piezometric
well or gathered manually from a shallow monitoring well. Data will be gathered at an
interval of twice per week during the growing season (April 1 through November 1) of each
year for a period of five years. All data will be recorded in a form that can be included in
the Annual Monitoring Report which is to be submitted to the Division of Water Quality to
demonstrate that the agreed upon hydrology success criteria is being achieved.
Success Criteria
Wetland hydrology will be considered successfully established when the data gathered from
monitoring wells or piezometric devices indicates that the Corps of Engineers hydrology
requirement for Jurisdictional Determination has been satisfied consistent with guidance
provided in the Corps of Engineers Wetlands Delineation Manual TR YR-87-1, 1987, U.S.
Army Corps or subsequent Corps guidance. Corps guidance presently requires that the soil
of the restored area be inundated or saturated within the upper 12" (root zone) under
normal circumstances for a period of at least 12 consecutive days during the growing
season (April 1 through November 1). The data gathered over the 5 year monitoring period
should be compared to weather data for the region in order to establish that the data
reflects normal circumstances.
Streambank Planting Methodology
As requested by the NC Division of Water Quality and the NC Wildlife Resources
Commission, the disturbed streambanks (approximately 174 linear feet) of the un-named
minor tributary to Paw Creek within the Wetland Restoration Area of the project will be
planted or replanted with live staking at a spacing of three feet along both banks of the
stream channel. Species which will be used as recommended by the NCWRC will consist of
Silky Dogwood (Cornus amomim), Silky Willow (Salix sericea), Black Willow (Salix nigra).
All live staking material will be collected and installed during the dormant period of the
growing season.
Hydrologic Monitoring Plan & Streambank Planting Plan
Lake Wylie Mobile Estates
DWQ Project #990844
Wetland Restoration Area
Hydrology Monitoring Methodology
Hydrology of the restored wetland area will be monitored with the placement of at least two
shallow monitoring wells or piezometric wells in designated 0.1 acre representative sample
plots as indicated on the original Restoration Plan. Shallow monitoring wells will be
designed and installed according to the guidelines and specifications of US Army Corps
Waterways Experiment Station guidance document WRP Technical Note HY-IA-3.1, August
1993 "Installing Monitoring Wells/Piezometers in Wetlands". Piezometric wells will be
purchased from an approved manufacturer of self-contained piezometric wells such as the
WL-40 model as manufactured by RD Systems of Whiteville, NC or similar device.
Piezometric devices will be installed and calibrated per manufacturer's instructions. It is
recommended that each plot have one of each type of well spaced a few feet apart for
reference observation and for continuity of data gathering in the event of electronic failure,
vandalism, or physical disruption of the piezometric device.
Data will be gathered using one of two methods; electronically uploaded from a piezometric
well or gathered manually from a shallow monitoring well. Data will be gathered at an
interval of twice per week during the growing season (April 1 through November 1) of each
year for a period of five years. All data will be recorded in a form that can be included in
the Annual Monitoring Report which is to be submitted to the Division of Water Quality to
demonstrate that the agreed upon hydrology success criteria is being achieved.
Success Criteria
Wetland hydrology will be considered successfully established when the data gathered from
monitoring wells or piezometric devices indicates that the Corps of Engineers hydrology
requirement for Jurisdictional Determination has been satisfied consistent with guidance
provided in the Corps of Engineers Wetlands Delineation Manual TR YR-87-1, 1987, U.S.
Army Corps or subsequent Corps guidance. Corps guidance presently requires that the soil
of the restored area be inundated or saturated within the upper 12" (root zone) under
normal circumstances for a period of at least 12 consecutive days during the growing
season (April 1 through November 1). The data gathered over the 5 year monitoring period
should be compared to weather data for the region in order to establish that the data
reflects normal circumstances.
Streambank Planting Methodology
As requested by the NC Division of Water Quality and the NC Wildlife Resources
Commission, the disturbed streambanks (approximately 174 linear feet) of the un-named
minor tributary to Paw Creek within the Wetland Restoration Area of the project will be
planted or replanted with live staking at a spacing of three feet along both banks of the
stream channel. Species which will be used as recommended by the NCWRC will consist of
Silky Dogwood (Cornus amomim), Silky Willow (Salix sericea), Black Willow (Salix nigra).
All live staking material will be collected and installed during the dormant period of the
growing season.
Hydrologic Monitoring Plan & Streambank Planting Plan
Lake Wylie Mobile Estates
DWQ Project #990844
Wetland Restoration Area
Hydrology Monitoring Methodology
Hydrology of the restored wetland area will be monitored with the placement of at least two
shallow monitoring wells or piezometric wells in designated 0.1 acre representative sample
plots as indicated on the original Restoration Plan. Shallow monitoring wells will be
designed and installed according to the guidelines and specifications of US Army Corps
Waterways Experiment Station guidance document WRP Technical Note HY-IA-3.1, August
1993 "Installing Monitoring Wells/Piezometers in Wetlands". Piezometric wells will be
purchased from an approved manufacturer of self-contained piezometric wells such as the
WL-40 model as manufactured by RD Systems of Whiteville, NC or similar device.
Piezometric devices will be installed and calibrated per manufacturer's instructions. It is
recommended that each plot have one of each type of well spaced a few feet apart for
reference observation and for continuity of data gathering in the event of electronic failure,
vandalism, or physical disruption of the piezometric device.
Data will be gathered using one of two methods; electronically uploaded from a piezometric
well or gathered manually from a shallow monitoring well. Data will be gathered at an
interval of twice per week during the growing season (April 1 through November 1) of each
year for a period of five years. All data will be recorded in a form that can be included in
the Annual Monitoring Report which is to be submitted to the Division of Water Quality to
demonstrate that the agreed upon hydrology success criteria is being achieved.
Success Criteria
Wetland hydrology will be considered successfully established when the data gathered from
monitoring wells or piezometric devices indicates that the Corps of Engineers hydrology
requirement for Jurisdictional Determination has been satisfied consistent with guidance
provided in the Corps of Engineers Wetlands Delineation Manual TR YR-87-1, 1987, U.S.
Army Corps or subsequent Corps guidance. Corps guidance presently requires that the soil
of the restored area be inundated or saturated within the upper 12" (root zone) under
normal circumstances for a period of at least 12 consecutive days during the growing
season (April 1 through November 1). The data gathered over the 5 year monitoring period
should be compared to weather data for the region in order to establish that the data
reflects normal circumstances.
Streambank Planting Methodology
As requested by the NC Division of Water Quality and the NC Wildlife Resources
Commission, the disturbed streambanks (approximately 174 linear feet) of the un-named
minor tributary to Paw Creek within the Wetland Restoration Area of the project will be
planted or replanted with live staking at a spacing of three feet along both banks of the
stream channel. Species which will be used as recommended by the NCWRC will consist of
Silky Dogwood (Cornus amomim), Silky Willow (Salix sericea), Black Willow (Salix nigra).
All live staking material will be collected arid installed during the dormant period of the
growing season.
Hydrologic Monitoring Plan & Streambank Planting Plan
Lake Wylie Mobile Estates
DWQ Project #990844
Wetland Restoration Area
Hydrology Monitoring Methodology
Hydrology of the restored wetland area will be monitored with the placement of at least two
shallow monitoring wells or piezometric wells in designated 0.1 acre representative sample
plots as indicated on the original Restoration Plan. Shallow monitoring wells will be
designed and installed according to the guidelines and specifications of US Army Corps
Waterways Experiment Station guidance document WRP Technical Note HY-IA-3.1, August
1993 "Installing Monitoring Wells/Piezometers in Wetlands". Piezometric wells will be
purchased from an approved manufacturer of self-contained piezometric wells such as the
WL-40 model as manufactured by RD Systems of Whiteville, NC or similar device.
Piezometric devices will be installed and calibrated per manufacturer's instructions. It is
recommended that each plot have one of each type of well spaced a few feet apart for
reference observation and for continuity of data gathering in the event of electronic failure,
vandalism, or physical disruption of the piezometric device.
Data will be gathered using one of two methods; electronically uploaded from a piezometric
well or gathered manually from a shallow monitoring well. Data will be gathered at an
interval of twice per week during the growing season (April 1 through November 1) of each
year for a period of five years. All data will be recorded in a form that can be included in
the Annual Monitoring Report which is to be submitted to the Division of Water Quality to
demonstrate that the agreed upon hydrology success criteria is being achieved.
Success Criteria
Wetland hydrology will be considered successfully established when the data gathered from
monitoring wells or piezometric devices indicates that the Corps of Engineers hydrology
requirement for Jurisdictional Determination has been satisfied consistent with guidance
provided in the Corps of Engineers Wetlands Delineation Manual TR YR-87-1, 1987, U.S.
Army Corps or subsequent Corps guidance. Corps guidance presently requires that the soil
of the restored area be inundated or saturated within the upper 12" (root zone) under
normal circumstances for a period of at least 12 consecutive days during the growing
season (April 1 through November 1). The data gathered over the 5 year monitoring period
should be compared to weather data for the region in order to establish that the data
reflects normal circumstances.
Streambank Planting Methodology
As requested by the NC Division of Water Quality and the NC Wildlife Resources
Commission, the disturbed streambanks (approximately 174 linear feet) of the un-named
minor tributary to Paw Creek within the Wetland Restoration Area of the project will be
planted or replanted with live staking at a spacing of three feet along both banks of the
stream channel. Species which will be used as recommended by the NCWRC will consist of
Silky Dogwood (Cornus amomim), Silky Willow (Salix sericea), Black Willow (Salix nigra).
All live staking material will be collected and installed during the dormant period of the
growing season.
Hydrologic Monitoring Plan & Streambank Planting Plan
Lake Wylie Mobile Estates
DWQ Project #990844
Wetland Restoration Area
Hydrology Monitoring Methodology
Hydrology of the restored wetland area will be monitored with the placement of at least two
shallow monitoring wells or piezometric wells in designated 0.1 acre representative sample
plots as indicated on the original Restoration Plan. Shallow monitoring wells will be
designed and installed according to the guidelines and specifications of US Army Corps
Waterways Experiment Station guidance document WRP Technical Note HY-IA-3.1, August
1993 "Installing Monitoring Wells/Piezometers in Wetlands". Piezometric wells will be
purchased from an approved manufacturer of self-contained piezometric wells such as the
WL-40 model as manufactured by RD Systems of Whiteville, NC or similar device.
Piezometric devices will be installed and calibrated per manufacturer's instructions. It is
recommended that each plot have one of each type of well spaced a few feet apart for
reference observation and for continuity of data gathering in the event of electronic failure,
vandalism, or physical disruption of the piezometric device.
Data will be gathered using one of two methods; electronically uploaded from a piezometric
well or gathered manually from a shallow monitoring well. Data will be gathered at an
interval of twice per week during the growing season (April 1 through November 1) of each
year for a period of five years. All data will be recorded in a form that can be included in
the Annual Monitoring Report which is to be submitted to the Division of Water Quality to
demonstrate that the agreed upon hydrology success criteria is being achieved.
Success Criteria
Wetland hydrology will be considered successfully established when the data gathered from
monitoring wells or piezometric devices indicates that the Corps of Engineers hydrology
requirement for Jurisdictional Determination has been satisfied consistent with guidance
provided in the Corps of Engineers Wetlands Delineation Manual TR YR-87-1, 1987, U.S.
Army Corps or subsequent Corps guidance. Corps guidance presently requires that the soil
of the restored area be inundated or saturated within the upper 12" (root zone) under
normal circumstances for a period of at least 12 consecutive days during the growing
season (April 1 through November 1). The data gathered over the 5 year monitoring period
should be compared to weather data for the region in order to establish that the data
reflects normal circumstances.
Streambank Planting Methodology
As requested by the NC Division of Water Quality and the NC Wildlife Resources
Commission, the disturbed streambanks (approximately 174 linear feet) of the un-named
minor tributary to Paw Creek within the Wetland Restoration Area of the project will be
planted or replanted with live staking at a spacing of three feet along both banks of the
stream channel. Species which will be used as recommended by the NCWRC will consist of
Silky Dogwood (Cornus amomim), Silky Willow (Salix sericea), Black Willow (Salix nigra).
All live staking material will be collected and installed during the dormant period of the
growing season.
Hydrologic Monitoring Plan & Streambank Planting Plan
Lake Wylie Mobile Estates
DWQ Project #990844
Wetland Restoration Area
Hydrology Monitoring Methodology
Hydrology of the restored wetland area will be monitored with the placement of at least two
shallow monitoring wells or piezometric wells in designated 0.1 acre representative sample
plots as indicated on the original Restoration Plan. Shallow monitoring wells will be
designed and installed according to the guidelines and specifications of US Army Corps
Waterways Experiment Station guidance document WRP Technical Note HY-IA-3.1, August
1993 "Installing Monitoring Wells/Piezometers in Wetlands". Piezometric wells will be
purchased from an approved manufacturer of self-contained piezometric wells such as the
WL-40 model as manufactured by RD Systems of Whiteville, NC or similar device.
Piezometric devices will be installed and calibrated per manufacturer's instructions. It is
recommended that each plot have one of each type of well spaced a few feet apart for
reference observation and for continuity of data gathering in the event of electronic failure,
vandalism, or physical disruption of the piezometric device.
Data will be gathered using one of two methods; electronically uploaded from a piezometric
well or gathered manually from a shallow monitoring well. Data will be gathered at an
interval of twice per week during the growing season (April 1 through November 1) of each
year for a period of five years. All data will be recorded in a form that can be included in
the Annual Monitoring Report which is to be submitted to the Division of Water Quality to
demonstrate that the agreed upon hydrology success criteria is being achieved.
Success Criteria
Wetland hydrology will be considered successfully established when the data gathered from
monitoring wells or piezometric devices indicates that the Corps of Engineers hydrology
requirement for Jurisdictional Determination has been satisfied consistent with guidance
provided in the Corps of Engineers Wetlands Delineation Manual TR YR-87-1, 1987, U.S.
Army Corps or subsequent Corps guidance. Corps guidance presently requires that the soil
of the restored area be inundated or saturated within the upper 12" (root zone) under
normal circumstances for a period of at least 12 consecutive days during the growing
season (April 1 through November 1). The data gathered over the 5 year monitoring period
should be compared to weather data for the region in order to establish that the data
reflects normal circumstances.
Streambank Planting Methodology
As requested by the NC Division of Water Quality and the NC Wildlife Resources
Commission, the disturbed streambanks (approximately 174 linear feet) of the un-named
minor tributary to Paw Creek within the Wetland Restoration Area of the project will be
planted or replanted with live staking at a spacing of three feet along both banks of the
stream channel. Species which will be used as recommended by the NCWRC will consist of
Silky Dogwood (Cornus amomim), Silky Willow (Salix sericea), Black Willow (Salix nigra).
All live staking material will be collected and installed during the dormant period of the
growing season.
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