19940272 Ver 1_COMPLETE FILE_19940525

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DEM ID: ACTION ID: 401 ISSUED
Nationwide Permit Requested (Provide Nationwide Permit #): - ---
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DIS IUCI' ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONNIEN'?' 14ENT
DEPARTMENT OF TI-T-- ARMY NC DEPA.I?I'MENT OF ENVTRI? ?I TH,
11
P.O. Box 1890 AND NATURAL RESOURCESI
Wilmington, NC 28402-1890 P.O. Box 29535 ! MAR 2 2 19901
ATTN: CF-E Raleigh, NC 27626-0535
Telephone (919) 251 X3511 ATTN: MR. JOHN DORNEY f
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO-TI91&i'S OF ENGINEER
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
PLEASE PRINT.
1. Owners Name: Blanche I). Hunt & Geneva V. Daniel
2. Owners Address: 5640 Green Rea Road, Charlotte, N. C. 28226
3. Owners Phone Number (Homo): S;a 2 /S 3 ,(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
ERA-Town & Country, / Jim McLaughlin
8544 University City Blvd.
Charlotte, N. C. 28213
5. Location of work (MUST ATTACH MAP). County: Mecklenburg
Nearest Town or City: Charlotte, N. C.
Specific L.oeadon'(Inelude road numbers, landmarks, etc.): McLean Road
As Shown on Attached Map
Back Creek
6. Name of Closest Stream/River.
7. River Basin: Vie' Li, .
8. Is this project located in a watershed classifi as Trout, SA, HQW, ORW, WS I, or WS II7 YES (] NO [X
9. Have any Section 404 permits bccn previously 'requestcd for use on this property? YES [ ] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
1.2 Acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Fdled; 1.2 Acres
Drained: 1.2 Acres --
Floodcd: -0-
Excavated: -0- --
_
Total Impacted: ,1..2 Acres
State of North Carolina
Department of Environment,
Health and Natural Resources ??.
Division of Environmental Management -?I
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E H N f Z
A. Preston Howard, Jr., RE., Director
March 27, 1994
Ms. Blanche Hunt and
Ms. Geneva Daniel
5640 Green Rea Road
Charlotte, N.C. 28226
Dear Ms. Hunt and Ms. Daniel:
Subject: Proposed fill in Wetlands or Waters
Pond drainage and fill
Mecklenburg County
DEM Project #94272
We have reviewed your request for 401 Water Quality Certification
to place fill material in 1.2 acres of wetlands or waters which are
tributary to Back Creek for pond drainage and fill located at McLean
Road in Mecklenburg County as described in your submittal dated 22
March 1994. Based on this review, we have determined that the
proposed fill is covered by General Water_ Quality Certification No.
2671. A copy of the General Certification is attached. This
Certification is necessary for coverage under Corps of Engineers'
Nationwide Permit No. 26. This action completes DEM's review under
Section 401 of the Clean Water Act.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
1 reston uHowa7f Jr. P . E .
94272.1tr
Attachment
cc: Wilmington District-- Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regiona] Office
Mr_. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
Drain and bile. Pond (1.2 Acres)
L.. 1)rained and filled area will. be back yards Ln residential
. Purpose of proposed wor
13
deveLopment.
14. State reasons why the applicant believes thatthis tact vL rY Must ?o ooutl?n weilurle??t Also. note measures
taken to nunimize wetland impacts. Dam is I Y
and residents of this community. Pond impeded access to back portion of property.
15. You are required to contact the U,S. Fish and Wildlife Service (USFWS) and/or National Matine.Ftsheries Servicc
oBdang=d
you done so ?cAtenY;l spe?X] o NO' L
(IFS) r the the presence or an Fodcrally listed
area that may affocted by the Ppose jfor cct_s a
habitat to 1 Y b ES
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
l
properties in the permit area which maybe affected by the proposed project? Have you dote so? YES (X] NO(
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation rnap showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheers relevant to the placement of the
delineation line.
D. if a stormwater management plan is required for this projem attach copy.
E. What is land use of surrounding property ? R,- ; dential and Agricultural
Public Sewer
F. if applicable, what is proposed method of sewage disposal?
Owner's Signature Blanche D. Hunt Date
Dani
Owner's Signature Geil va V. el Date

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State,of North Carolina
De,pd,rtment of I-mironment,
l lealth and Natural Resources
Mooresville Regional Offlc;o
James B, Hunt, Jr„ Governor
Jonathan B, t low0s, S<'Cretary
Viviani1-1, Burke, Reglonal Manager
I
Affl?,?A
pE HNR
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
December 91 1993
I
Mr. Jim McLaughlin
ERA. Ton and Country Realty
8544 Upiversity City Boulevard
Charlotte, North Carolina 28213
RE: Existing Dam off McClean Road
Mecklenburg County, N. C.
Dear. M McLaughlin:
T?e "Dam Safety Law of 1967" provides for the inspection of
and welfare, in
dams in the interest of public health, safety,
and dams; ins p eevent
older 'to reduce the risk of failure of such
injuries to persons, damage to property; to the
maintenance of stream flows.
An inspection of this d
Section. During thise inspectionl9the
by staff of the Land Quality following conditions were noted:
(11) The dam is exempt from the Dam Safety Law of 1967 due to
the water impoundment in the lake being less than ten
acre-feet.
(2) The riser pipe inlet of the primary spillway was not
visible within the lake. The outlet end of the pipe on
the downstream side of the dam was located and small was observed. This flow of intsome area of the pipe system. lway is probably
clogged
.I
?3) The emergency spillway located on the right side of the
dam (looking downstream) consists of an 1 811concrete di e
and earth channel outlet. The 18" pipe as
being misaligned with visible joint displacement.
Erosion had he e co to the f the dam due totf.requent
extends along g t
use and erosion soils.
I
919 N I rth Main Sheot, Mooresville, North Carolina 28115 7elephoii e 0o W16 v9?sum?p04-663-6040
An Equal Oppoilunily Af irmalivo Acton Employer 60`)6 recyc ec / p aper
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Page Two
(4) Numerous muskrat burrows were observed along the upstream
slope of the dam.
(5) A lake bottom drain or siphon system was not evident.
Based on this inspection, this dam has been classified as
Class 'A (low hazard) structure due to the downstream hazard
potential. Class A dams include dams located such that failure
would only damage uninhabited (low value) non-residential areas,
agricultural land, or roads with low daily traffic counts.
i
You indicated in our meeting on December 6, 1993, of your
desiro to breach the dam. Since the dam is exempt from, the
requirements of the Dam Safety Law, approval of breach plans will
not b' required. However, in the interest of dam safety, we offer
the f%llowing comments:
(1) The draining of the impoundment should be accomplished by
removing sections of the riser pipe inlet or installing
a siphon system. We suggest the lowering of the water
level not to exceed the rate of one foot per day to
minimize upstream slope failure.
i
(2) Temporary sediment control measures are required
downstream of the disturbed areas to prevent off-site
siltation. Also, contact the local sediment control
office to address possible erosion and sediment control
plan requirements prior to the start of the project.
?(3) The permanent breach section should have minimum side
slopes of two feet horizontal to one foot vertical and be
stabilized upon completion of the breach with a permanent
ground cover.
Should you have any questions, please feel free to contact us.
Sincerely,
1-/:4 GX)1_
Jerry W. Cook
Regional Engineer
SEA/kr