19960609 Ver 1_COMPLETE FILE_19960226

State of North Carolina
Department of Environment, ffl?'?VA
Health and Natural Resources / • •
Division of Water Quality
James 1-lo Governor ID EH N F1
Jonath a an B. B. I-iowe s,Secretary
A. Preston Howard, Jr., P.E., Director
July 11, 1996
Mecklenburg County
DWQ Project # 960609
APPROVAL of 401 Water Quality Certification
Mr. Eric Gutt
Land Development Manager
Squires Homes
5501 Executive Center Drive
Suite 120
Charlotte, NC 28212
Dear Mr. Gutt:
You have our approval to place till material in 0.67 acres of wetlands or waters for the purpose of
tilling a pond at your development on Robyn's Glen II subdivision, is you described in your application
dated 26 June 1996. After reviewing your application, we have decided that this till is covered by General
Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number
26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
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 Dorney at 919-733-1786.
Si cerely,
vat
Howard..lr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
Len Rindner
960609.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
07-23-90 C4.49FM FROM SQUIRES HOMES, INC.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
JamasB. Hunt,Jr., Governor
Jonathan B. Ho weaSecretary
A. Preston Floward. Jr., P.E.. Director
TO 919:97339959 P0C2/102

July 11, 1996
n Meek lenburg County
lq DWQ Pfoject # 960609
APPROVAL of 401 Water Quality Certification
Mr. Eric Gutt
Land Development Manager
\9 Squires Homes
5501 Executive Center Drive
Suite 120
:cj `Q Charlotte, NC 28212
" 1 \ll Deur Mr. Gutt:
\\\ _-n ve our approval to place fill material in 0.67 acres of wetlands or waters for the purpose of
1rouuvatin?A cal t your davelopmrnt on Robyn's Glen 11 subdivision, as you dcccribed in your application
dated 26 June 1996. After reviewing your application, we, have decided that tl is fill is covered by General
Water Quality Certification Nttmber 2671, This certification allows you to we Nationwide Permit Number
ZO when it is issued by the Coups of EnginaAx,
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us f new application. For this
approval to be valid, you must follow the conditions listed in tht: attached cor if untion. In addition, you
should got any other federal, state or local permits beforo you go ahead with y )ur project.
If you do not accept any of the conditions of this certification, you may., gk for an adiudlcatory
hearing. You must act within 60 days of the date that you receive this letter. To asst for a hearing, send a
written petition which conforms to Chapter 1508 of the North Carolina Oone •at Statutes to the Offce of
Administrative Hondrigs, P.O, Sore 27447, Raleigh, NC, 27611-7447. This ,ortification and its
conditions tut: 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 919-133-1796.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWO Regional Office.
Mr. John Dorney
Central Files
Len Rindnef
Si y.
re n How . Jr. P.E.
960609.Itr
Division of Water Quality • Envlronrnental Sciengw; Branch
Environmental Sciences Branch, 4401 Reedy Croak Rd., Raleigh, NC 276071alephone 919-733-1786 FAX * 733.9989
An Equal Opportunity Affirm3tivo Action Employor • 5o°/. racyeladlln-/., post consumer paper
07-23-93 C4.49FM FROM SQUIRES HOMES, INC. TO M 'P339C59 FOCI/002
- -SQtARES HOMES 5501 EXECUTIVE CENTER DRIVE, SUITE 120, CHARLOTTE, NC 2821=
FAX Date: •?
Number o pages including cover sheet:
1111111111113
To:
Pl1oac:
Fax phone:
CC:
From:
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Phone: [phone]
Fax phone: [phone]

REMARKS: ? Urgent 0 For your review [] Reply ASAP p Please comment
i

State of North Carolina WYW
Department of Environment,
Health and Natural Resources AT4 • •
Division of Water Quality
James 1-b Governor ID A- 11L
Jonathan B B. . Howa s,Secretary
EH N F=1
A. Presto n Howard, Jr., P.E., Directo r
July 11, 1996
Mecklenburg County
DWQ Project # 960609
APPROVAL of 401 Water Quality Certification
Mr. Eric Gutt
Land Development Manager
Squires Homes
5501 Executive Center Drive
Suite 120
Charlotte, NC 28212
Dear Mr. Gutt:
You have our approval to place fill material in 0.67 acres of wetlands or waters for the purpose of
renovating a dam at your development on Robyn's Glen 11 subdivision, as you described in your application
dated 26 June 1996. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number
26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
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 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
Len Rindner
Sin ly,
e ton Howar , Jr. P.E.
960609.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
,401 ISSUE
DIM ID: 9-606n CORPS ACTION ID:

NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT f):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
X) NOTIFICATION TO T8E COR2s oLP ENt nm=
2) APPLICATION FOR SECTION 401 CIRTIrICATION
S) COORDINATION WITH TU NC DTVZ I0N OF COASTAL RQ1N1 GWONT
BEND THE ORIOINAi, AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE COMPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE_.-PMINT.
1. OWNERS NAME:
2..?MA_ILIN[GL ADDRESS: 6 i ?lzw. (:en&_,:"
Lan
SUBDIVISION NAME:/'1
CITY: STATE: ZIP COOS:
• 6
E
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFMR8NT FROM
MAILING ADDRESS ABOVS):
3. TELEPHONE NUMBER (HOME): (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
At C,
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS T'OPOGWHIC
MAP OR AER PHPT G PHY WITH SCALE): '?
COUNTY:' NEAREST TOWN OR CITY: A
1
R-96% a 06-21-96 12:28PM P005 #24
PECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
6. IMPACTED OR NEAREST STREAM/RIVER: Crtp?
.? r
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [o4- IF YES, EXPLAIN:
7b_ IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL,. CONCERN (AEC)7 YES [ ] NO
7c. IF THE PROJECT IS LOCATED WITHIN A -COASTAL. COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO (r IF YES, PROVIDE ACTION Y.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDITIONAL PERM. REQUESTS EXPECTED FOR THIS PROPERTY IN THE
F'UTURE? YES [ ] NO [.,r IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: &'-7& A :n-m
9b. ESTIMATED TOTAL NUMBER OF ACHES OF WETLANDS L
OCATED ON PROJECT SITE: 4.w
02 -
x
R-96%
06-21-96 12:28PM P006 #24
10a. NUMBER OF ACRES O,F( WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: -tor Wf / EXCAVATION:
FLOODING:
OTHER:
DRAINAGE: n TOTAL ACRES TO BE IMPACTED;
lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
REZOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER ,RELOCATION)
LENGTH BEFORE: AFTER; frT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) T WILL RESULI : (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: / CONSTRUCTION OF A DAM/FLOODING:
OTHER: el x'
11. IF'CONSTRUCTZON,OF AEPO ,S40 OSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND?SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPZ OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS- 8 1/2" X 11" DRAWINGS
ONLY) :

13. PURPOSE OF PROPOSED WORK:
3
R-96%
06-21-96 12:28PM P007 #24
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
15. YOU ARE REQUIRED TO CONTACT THE U_S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) 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: (ATTACH RESPONSES
FROM THESE AGENCIES.) N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY RE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO l (IF NO, GO TO 18)
a. IF YES, DOES THE PROTECT 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 [I NO L/
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE 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 27603-8003, TELEPHONE [phone].
4
R-96% 4 06-21-96 12:28PM P008 #24
16. 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 MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT ANA PERMANENT) ON THE PROPERTY
1d ff BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED,
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
lmr-$
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g_ SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
90'1'rE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
MRQQRAM.
0 ER'S/AGENT'S SIGNATURE
oloz/ 9
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (1$g.))
5
R-96% + 06-21-96 12:28PM P009 #24
LEONARD S. RINDNER
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
June 21, 1996
Mr. Steve Lund
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney - Water Quality Planning
Division of Environmental Management - NCDEHNR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Robyn's Glen II Subdivision. Charlotte, Mecklenburg County. - Request for NWP 26
Dear Sirs:
On behalf of my client, Mr. Eric Gutt of Squires Homes, Charlotte, NC, I am requesting your review of the
enclosed plans for approval to utilize NWP #26 to fill + 0.67 acres consisting of an existing farm pond and a
trapped seepage wetland to develop this 11.78 acre site single family residential site. The existing earthen
dam structure is in very poor condition and leaking. I have also attached other information pertaining to the
site. The site was evaluated by me on April 4 during the early planning phase to identify the presence of
jurisdictional waters and wetlands.
In summary, the site is within a drainage area of a small headwater tributary of Stoney Creek which is a
tributary of Mallard Creek (Water Classification - C). The majority of the site is a gently sloping ridge in
active open agricultural and pasture area. Old field habitat was not present. Moderate to steep side slopes
were apparent in the wooded area of site. The soils according to SCS Soil Survey on site include Iredell fine
sandy loam (IrB) and Mecklenburg fine sandy loam (MeD). Monacan soils (Mo) occur along the tributary.
There may be brief overbank flooding of the tributary. A very small narrow wetland slough was found within
the Little Stoney Creek floodplain. This area will not impacted by the proposed development. Hydrophytic
vegetation occurs in the floodplain and below the existing pond dam. The vegetation in the scrub/shrub
wetland and riparian areas are dominated by Facultative, Facultative Wet plants and includes scrubsaplings
of red maple, sweet gum, willow, and green ash.. The vegetation in the seepage wetland area consists
primarily of soft rush and is mowed. The understory species include silky dogwood, greenbriar, poison ivy,
sedges, soft rush, and other very typical wetland species. Wetland hydrology also seems to be provided by
groundwater springs and/ or seeps and seepage from the pond dam. Another narrow slough was found at
the base of the wooded area along the creek, however this area in my judgment did not meet the required
criteria to be determined a wetland. There was no littoral area associated with the pond.
Mr. Steve Lund - USACE, Mr. John R. Dorney - NCDEM Water Quality Planning
Robyn's Glen - Request for NWP 26
Page 2, June 21, 1996
PROPOSED MINIMIZATION AND MITIGATION
Minimization
Little Stoney Branch will be protected by 3.53 acres of common area. Storm drainage from Little Stoney
Court and the new section of Grosbeak Lane to the extent feasible will be discharged into the floodplain area
in a diffused manner behind the riparian berm that will allow natural filtration rather than flow directly into
the creek. The reduction of erosion and pollutants occurs through natural mechanisms such as deposition,
infiltration, adsorption, absorption, filtration, and decomposition. Natural forested areas have the capacity
for collecting and storing nutrients and the canopy protects the soil from erosion. It is also expected that the
existing scrub/shrub wetland and riparian areas in the floodplain will be enhanced.
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. This may
include:
- Siltation Barriers
- Sediment Traps and Diversion Ditches
- Barricades to define construction limits to sensitive sites and to protect trees
- Preconstruction meetings
- Other methods as appropriate
Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved. Methods to prevent short term impacts will be inspected regularly and
maintained during construction of the project. Wetlands to be clearly marked prior to construction to
prevent accidental damage to wetlands. The contractors will be held responsible for unauthorized wetland
damage not permitted according to plans and specifications. Short term construction impacts, primarily
stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to
promote rapid recovery. Project construction will strictly adhere to an approved Sedimentation and Erosion
Control Plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic
life such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as
required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh
concrete from coming into contact with waters until the concrete has hardened.
To the best of my client's knowledge there have been no other wetland impacts on previous phases of this
project that would have required NWP #26. Please contact me if you have any questions or require
additional explanation. Thank you for your consideration.
Sincer ,
Leonard S. Rindner, PWS
Environmental Planning Consultant
cc: Mr. Eric Gutt - Land Development Manager
Squires Homes, Inc.
5501 Executive Center Drive, Suite 120
Charlotte, NC 28212
[phone] [phone] Fax
Mike Parker - NCDEM Water Quality Section - Mooresville

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