19890174 Ver 1_Complete File_19890101

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street 6 Raleigh, North Carolina 27611
James G. Martin, Governor May 25 , 1.989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. R. Wayne Weston, Director
Mecklenburg County Park and
Recreation Department
1200 Blythe Boulevard
Charlotte, North Carolina 28203
Subject: Certification Pursuant to
Section 401 of the Federal
Clean Water.Act, Proposed
Greenway Trail
Mecklenburg County Park and
Recreation Department
Clarks Creek
Mecklenburg County
Dear Mr. Weston:
Attached hereto are two (2) copies of Certification No. 2341
issued to Mecklenburg County Park and Recreation Department dated
May 25, 1989
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
??R. Paul Wilms
cc: Wilmington District Corps of Engineers
M oresville Regional Office
Ir. William Mills
Mr. George Everett
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Mecklenburg County
.-AW
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Mecklenburg County Park and Recreation Department pursuant
to an application filed on the 14th day of April, 1989 to
establish a greenway trail along Clarks Creek.
The Application provides adequate assurance that the
discharge of fill material into a wetlands area adjacent to the
waters of Clarks Creek in conjunction with the proposed
greenway trail in Mecklenburg County will not result in a
violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that
this activity will not violate Sections 301, 302, 303, 306, 307
of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
This the 25th day of May, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Paul Wilms, Director
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less are not
considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
WQC# 2341
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAWCO-89-N-060-0269 April 6, 1989
PUBLIC NOTICE
The MECKLENBURG COUNTY PARKS AND RECREATION DEPARTMENT, 1200 BLYTHE
BOULEVARD, CHARLOTTE, NORTH CAROLINA 28203 has applied for a Department of
the Army permit TO PLACE FILL MATERIAL INTO APPROXIMATELY 0.46 ACRE OF
WETLANDS ADJACENT CLARKS CREEK IN CONJUNCTION WITH THE CONSTRUCTION OF A
SEGMENT OF THE MALLARD CREEK GREENWAY PROJECT IN CHARLOTTE, MECKLENBURG
COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the discharge of approximately 740 cubic yards of clean
topsoil, ABC stone and pit gravel into a 1000-foot-long by 20-foot-wide trail
corridor. The greenway trail will parallel Clarks Creek 20-foot east of the
channel. The pedestrian path will have a 10-foot width allowing patrol and
service vehicles to access the area. The wetland areas traversed by the trail
are dominated by sycamore, yellow poplar, ironwood, red maple, alder, sedges,
cattails and softrush. Portions of the wetlands involved appear to have been
created by ponding caused by installation of a sewer line through the area.
Crossflow culverts will be installed as needed to allow continued drainage
through the area. The purpose of the work is to provide passive recreational
opportunities for residents of the county, preserve open space within
designated floodplains, aid in flood control, protect wildlife, promote
improved water quality, and to provide controls for erosion and sedimentation.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
.i
-2-
The District Engineer has consulted the latest published version of the
National Re;;ister of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is *not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.

-3-
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 28, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before May 23, 1989, Attention: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m., May 5,
1989, or telephone [phone] in Asheville.
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NORTH CAROLINA- MECKLENBURG CO.
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 4, 1989
SUBJECT: File No. CESAWCO-89-N-060-0269
REC I V Emu
APR 1 41:)89
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
WA, Ql3AHTY SECTION
OPERATIONS !?7,'1N('"
Enclosed is the application of the Meeklenburg County Parks and Recreation
Department for a Department of the Army permit and a State Water Quality
Certification to place fill material in wetlands adjacent to Clarks Creek in
conjunction with the construction of a greenway trail in Charlotte,
Mecklenburg County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification may be required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is considered a reasonable time for State
action. Therefore, if your office has not acted on the request by June 10,
1989, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker in our Asheville
Regulatory office at 704-259-0856.
Sincerely,
W oi;?W
harles W. Hollis
hief, Regulatory Branch
Enclosure
-2-
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
e-A It
File #: 8715
MECKLENBURG COUNTY
Park and Recreation Department
March 31, 1989
Mr. Charles W. Hollis
Chief, Regulatory Branch
Department of the Army
P. O. Box 1890
Wilmington, NC 28402-1890
Dear Mr. Hollis:
REC:tJ "%/E®
MAR 3 0 1989
REGULATORY BRANCH
Please accept this application for consideration for a Department
of the Army Permit for the Mallard Creek Greenway Project.
Enclosed is a copy of the Master Plan for your review. The plan
is virtually identical to the Campbell Creek Greenway Project
which received a 404 permit from your organization earlier this
year.
In addition to providing excellent passive recreational
opportunities for residents of Mecklenburg County, our Greenway
System is designed to preserve open space, aid in flood control,
protect wildlife, promote improved air and water quality and
provide controls for erosion and sedimentation. Enclosed for
your information you will find a copy of the Final Report of the
Greenway Site Selection Committee. It serves as the Master Plan
for our Greenway Program. Also enclosed is a copy of the
Mecklenburg County Greenway Master Plan map revised February,
1989. The map indicates existing and planned greenways.
If you should require additional information, please contact
me at your earliest convenience. My business telephone number
is [phone].
Sin 1
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J hn S. DeKemper
reenway Planner
JSD/jdc
Copy To: R. Wayne Weston, Director
David Baker, Department of the Army
Fred H. Gray, Jr., Deputy Director
Nancy M. Brunnemer, Chief, Division of Planning
Services
Fred Gore, County Engineering
1200 Blythe Boulevard • Charlotte, North Carolina 28203 0 [phone]
-2-
Enclosures: 1. Master Plan for Mallard
2. Completed Application
3. Final Report of Greenway
Committee
4. Greenway Master Plan Map
Greenway
Site Selection
RE" i V E D
APPLICATION MAR 3 0 1989
FORt'' ply ??y?
PERMIT TO EXCAVATE AND/OR FICA. WATER Q4JA + ie i ffi iF1peT1v11N
EASEMENT IN LANDS COVERED 8Y WATER C AA PERMIT FOR JMAIOR DEVIEI.OPMENT
p?titAwwwt a1 AlinMiMraelMi Stay N Nwo care"A ogetetaa>rit of Ow AMY
(GS 146,121 (C n}is3riI of :}a2sw1w niiiiii"ecraiAcamovitl3 00VOWP WK (at" r4kn 3 W oWkt
Pkaw IVpe at print and fill in all blanks, If infamutien Is not appikabb, to indicate by plackq NSA in blank.
1, Applkant Infairnsatme
A. Name Mecklenburg County Park and Recreation Dpnartment-
Last First Middle
B. Address 1200 Blythe Boulevard
._?....Street, P 0. Boa rd Route
Charlotte, North Carolina 28203 [phone]
City w Town State Zip Code Phone
IL LeeatWo of Propowd Pr4liect:
A. County Mec.kI_enburcT
L 1. City, town, community or landmark Charlotte, North Carolina
2. Is proposed work within city lirrtih? Yet,No -x I .
C. Creek, river, sound or bay upon which project a located or nearest named body of water to project Project-
(gravel trail const.-) runs parallel to Clarks Cree-C, ±20' from Chan
IIL Description *(Project
A. 1. Maintenance of cm-sting project 2. New work Grayp,1 tra • ls f- „uc,t i On
L Purpose of excavation or fill
1. Access channel length.wrdth _dcpth
2. Boat basin length...?width ;-depth
3. Fill area .46 Ac. length±l„'width20i depth 1 foot
4. Other length _ width_ depth
C. 1. Bulkhead length Average distance waierward of MHW (shereunel
2. Type of bulkhead construction Im4teriai)
0. Excavated material (total for project)
1. Cubic yards n /a 2• Type of mattriAl
E. Fill materiel to be oloced below MHW (see aho VI A)
1. Cubic yuds n/a 2. Tvot of material compacted, clean topsoil. ABC stop:
IV. Land Type, Distsosal Area, and Construction Equipment pit gravel. /a
'
A. Does the area to be excavated include any marshland. Swamps or other wetland' Yes - No n/
S. Doss the dispnul sica include any marshland, swamps m tither wetland' Yes _No D.4A. -
C. Oispoul Area
1. Locatinn
2. Do yuu claim title to ditaosal area!
0. Fill material vouiie if fill i% to be trucked in unknown- to be supplied by contractor.
E. How will excavated material be tntrapped and erosion #.oniriilledl n/a
F. Type of equipment to he used Dump truck, backhoe, dozer, motor grader.
Q Will marshland he crossed in transporting equipment to proiecl site II yes, explain no
"F-41
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A. 1. Pr*44e --
% cowamew
3. Mown. o.viiie wo wt of Indtnaisi
L Otlhtr This trail will be uged-by the general 1'
operate by the Mecklenburg County Park and Rec. Department.
L I. Lot sin(s) n / a
2 Elrratlon of lad$) Above Paean 1+4101 wow n / a .?.,?. -
& Sotj"wandt2x.fure M na An nr1 rot-i1 eni 1 an loam:-sandvlcam_ and Sanr1v cla
4. Type of buildinll fwc htm or uructttres n / a loam
Msnrh.d
S. Sewav ditoosal andfor waste wawr treurnent A. Exi,"In . /a
li. Describe _
IL Land Clusficatlnn (circle one).. OEVELOFF.O TRANSSI rlfJNA1, ?-OsMUNITY RURAL
CONSERVATION ATMbR ?ubliC parr,(SeeLAMA Lora) LMW Use Plan Synapsis)
VL ?wuWint to Fill and Nato Quality
A. Dom the proposed pnnlect :Rvolve the-ola"Ment of fill nwuna%hetaw ?reap o2h water? Ya.Na
L 1. Will any runoff w d?SCharp enter idsacent waUn as a (!hint of ofMeCt 401vifY or pled vied of the
arse following praect completion) Yet-&-No..
2. Type of divhArpe surface runoff
3. Locatlonoldiso.arge drainage pipe will be installed @ needed points along
VII. Preto raw o(.thwthnRao.ioh lif known):.,..: /a tr&i 1
VQL Uet pwndt mwnbers and isew dates of pregious Otoartrnent of Army Cm" e! Enoomm or Stare Permits for
writ M project area, it at0lwalwe: n /?.?a.,....?..,o???,
IX, Lawals et dwss required to caeolew wsiect. three (3) to six (6) months.
X. to adtlhlew to ten Gor -oieted ase icatiow form. tin (ONhrir? urine ttwft be prewided:
A. Attach a coat' of the dammed (with Stan wpikation oMy) or other instrument under which sooW."K
dairws title to the affected orooerty. OR It a w6cant is not da ming to be the ownw of sad property.
thew forwards coat' of the deed or other Instrwnent tinder which the owner claims title plw written
pwrniuion from the owner to carry out the oroiect on his land
L Attach an accurate wwk alai drawn to scale on Avi X 1 I" white Paoli Ise! insuucuon bootlet for
details). Note: Ontinal drawings preferred • only h.Rh qualiey copies acceoted.
C. A coot of the aaollcatlon and alai must be saved uoon adiacant nomian landowners by legisuted at
certified mail 11r by puolication (G.S. 113.229 (d))Enter date served
0. List names and comoltte addresses of the rlowlan landowners with wooertY adloatint Anowant's.
Such ownen'have 30 d.ys in which to submit col"menn to aeencles listed b.In -.
T^hn Crosland Coinipaliv
P. 0. Box 11231 _
Charlotte, NC 28209-2609
XL Calcification requirement: 1 certify that to the best of my krAwledp, the proooted activity complies
with the State of North Carollna4 soproved costa) management proynrn and will be conducted vh a
leaner consistent with such prosram.
XIL
GATE
Any pvmot issued punwnt to this aoottcatian will allow only the develooment described in this AP914
cation and plat. Aooficants should therefore desuibe in the aoolieatlon and plat all anticipated devei.
oprrsent activities. including construction, excavation, rill' la ng.
3-24-1989 Director
Aeaikwt's Signature
""2 SEE REVERSE SIDE FOR MAILIMG IMSTMUCTIONS
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NORTH CAROLINA -MECKLENBURG CO.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAWCO-89-N-060-0269 April 6, 1989
PUBLIC NOTICE
The MECKLENBURG COUNTY PARKS AND RECREATION DEPARTMENT, 1200 BLYTHE
BOULEVARD, CHARLOTTE, NORTH CAROLINA 28203 has applied for a Department of
the Army permit TO PLACE FILL MATERIAL INTO APPROXIMATELY 0.46 ACRE OF
WETLANDS ADJACENT CLARKS CREEK IN CONJUNCTION WITH THE CONSTRUCTION OF A
SEGMENT OF THE MALLARD CREEK GREENWAY PROJECT IN CHARLOTTE, MECKLENBURG
COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the discharge of approximately 740 cubic yards of clean
topsoil, ABC stone and pit gravel into a 1000-foot-long by 20-foot-wide trail
corridor. The greenway trail will parallel Clarks Creek 20-foot east of the
channel. The pedestrian path will have a 10-foot width allowing patrol and
service vehicles to access the area. The wetland areas traversed by the trail
are dominated by sycamore, yellow poplar, ironwood, red maple, alder, sedges,
cattails and softrush. Portions of the wetlands involved appear to have been
created by ponding caused by installation of a sewer line through the area.
Crossflow culverts will be installed as needed to allow continued drainage
through the area. The purpose of the work is to provide passive recreational
opportunities for residents of the county, preserve open space within
designated floodplains, aid in flood control, protect wildlife, promote
improved water quality, and to provide controls for erosion and sedimentation.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
1

-2-
The District Engineer has consulted the latest published version of the
National Resister of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is *not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
I
-3-
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 28, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before May 23, 1989, Attention: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m., May 5,
1989, or telephone [phone] in Asheville.
DERITA QUADRANGLE uQ
NORTH CAROLINA- MECKLENBURG CO.
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