19970426 Ver 1_COMPLETE FILE_19970609

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
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C)EHNR
July 9, 1997
Mecklenburg County
DWQ Project # 970426
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
C.B. Development Co., Inc.
1045 Burke St.
Winston-Salem, NC 27101
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to culvert in 235 feet of
streams for the purpose of constructing an apartment complex (Barington Place Apartments) at Harris Blvd. at Old Concord
Road in Charlotte, N.C., as you described in your application dated 6 June 1997. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to
use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. 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 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. 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below. Deed restrictions, conservation easements or similar mechanisms
shall be placed in all lots with remaining jurisdictional wetlands and waters to prevent future fill. These mechanisms shall
be put in place within 30 days of the date of this letter or the COE permit whichever is later.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory heating. 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.
Sincerely,
A. Preston H ard, Jr. P.E.
Attachment
oc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
Denise Poulos; ESC, Ltd.
9704261tr
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% recycled110% post consumer paper
From: "Parker, Michael" <ts19w480mro.ehnr.state.nc.us>
Organization: NC DEMM Mooresville Regional Ofc.
To: nlew5070dem.ehnr.state.nc.us
Date sent: Mon, 23 Jun 1997 07:44:01 +0500 ET
Subject: Re: (Fwd) Barrington Place Apts project - Mecklenburg
Copies to: "Eric Galamb" <eric6dem.ehnr.9tate.nc.us>
Priority: normal
From: [e-mail]
To: [e-mail]
Date: Fri, 13 Jun 1997 15:52:10 +0000
Subject: Barrington Place Apts project - Mecklenburg
Cc: "Eric Galamb" <[e-mail]>
Priority: normal
Apparently you did preapplication site visit with Denise Poulos for
this apartment complex on Harris Blvd near Old Concord Road. We have
gotten application (970426) which you should have by now. Question
- would stream mitigation be required by our rules (e.g., positive
7Q10/30Q2 flow or fish present?). Please advise. I will do 401
with that condition as you advise. Applicant is uncertain as to
need to mitigate from my conversation with her. "john dorney"
division of water quality 919-733-1786 (w) 919-733-9959 (f)
(f)
"john dorney"
division of water quality
919-733-1786 (w)
919-733-9959 (f)
John: With regards to the subject project, mitigation should not be
necessary since there is: 1. No evidence of 7Q10/30Q2 flow or, 2. No
evidence of the existance of fish. I just came back from vacation
today, however, I will have my comments prepared by the end of the
day. You can go ahead and start drafting the 401 if you want.
Michael L. Parker [e-mail]
ENGINEERING CONSULTING SERVICES, LTD. `
Geotechnical • Construction Materials • Environmental
June 6, 1997
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment, Health
and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
sue, ?
Subject: Application for Section 401 Certification
Proposed Apartment Complex
Harris Boulevard at Old Concord Road own
Charlotte, Mecklenburg County, North Carolina
ECS, Ltd. Project G-1494
Dear Mr. Dorney:
Enclosed please find seven copies of the Pre-Construction Notification Application for the above
referenced site. C.B. Development Company is planning to develop an apartment complex at the
site. The proposed development will impact approximately 275 linear feet of stream channel and
approximately 0.1902 acres of wetlands. The proposed development is shown on the attached
Site Development Plan.
We have contacted the United States Fish and Wildlife Service (USFWS) regarding the presence
of endangered and threatened species in the vicinity of the site. The USFWS recommended that
a survey be performed to determine if the following species are present on the site: Aster
georgianus, Delphinium exaltatum, Echinacea laevigata, Helianthus schweinitzii, Isoetes virginica, Lotus
helleri, and Rhus michauxii. A survey conducted by Dr. James F. Matthews of HARP determined that the
species of concern are not present on the site. Based on the results of this survey, Mr. Mark Cantrell with
the USFWS has stated that no further action is required. We have also contacted the North Carolina
Department of Cultural Resources regarding the presence of historic properties in the vicinity of
the site. The North Carolina Department of Cultural Resources stated that the proposed
development should not affect historic properties in the vicinity of the site. The North Carolina
Department of Cultural Resources response is attached.
We are requesting a Section 401 Certification for the proposed impact to approximately 0.1902
acres of wetlands and 275 linear feet of a tributary of Back Creek. Please feel free to contact me
at [phone] if you have any questions concerning this request or if additional information
is required. Thank you in advance for your timely consideration of this matter.
Sincerely,
7!7= CES, LTD.
Denise M. Poulos, LSS
Principal Environmental Scientist
Attachment: Pre-Construction Notification Application
5-C Dundas Circle, Greensboro, NC 27407 • [phone] • Fax [phone]
Offices: Washington, DC; Baltimore, MD; Frederick, MD; Richmond, VA; Norfolk, VA; Fredericksburg, VA; Danville, VA;
Raleigh/Durham, NC; Wilmington, NC; Charlotte, NC; Greensboro, NC
I

OEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT T):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE :
1) NOTIFICATION TO TSE CORPS OF E*JGT*mmT_a . TION 3) COAPPLICATION ORDINATIONgWITH CTSE NC4D24ZcS OmIF
/?O lCAT:ccN OF COASTAL '. eNAGrMENT yFtil?9?.9
9
v
SEND TEEE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE c
FIELD OFFICE OF THE CORPS 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 PRINT.
1. OWNERS NAME : C• (g . 1?EUGL1? P/?F?J j" C?OinP.??J a/ SN - - - --
2. MAILING ADDRESS: /d
SUBDIVISION NAME:
CITY: /,I/ D STATE: /V CI ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING- ADDRESS PROVE)Zeo4!??JI7On?)
3. TELEPHONE NUMBER (HOME) :
(WORK) : C/o - R'.s2/7
?. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
_D.F.4,'lSe_ //?7 10001-0S 4e_176110??2Wes G'aiUSUGTiyG S:F.Py?f.?S GTi?
04
5. LOCATION OF WORK (PROVIDE A. MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: /YI ?G41--4r_ J, 0,#06, NEAREST TOWN OR CITY: Q"4Z O TT.?
1

SPECIFIC LOCATION (INCLUDE ROA.D
NUMBERS, LANDMARKS, ETC.)
s?rF ?s Go?r? i? ?lr E non -7? 6. IMPACTED OR NEAREST STREAM/RIVER:}G
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-11)? YES ( ] NO _N IF-:YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO ?J
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.'RHAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO r IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONPA INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO ?(J IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: /?GPrr? C
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
,? ?
0, 30 7 9 //7'-c
2
i
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING : O , /go o2 EXCAVATION :
FLOODING: OTHER:
DRAINAGE. TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE: 7/0 FT AFTER: y 3 S_ FT
WIDTH BEFORE (based on normal high water contours) : FT
WIDTH AFTER : O FT
AVERAGE DEPTH" BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (C HECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION:. PLACEMENT OF PIPE IN CHANNEL: y
nmtSrv .
CHANNEL EXCAVATION:
CONSTRUCTION OF A DAM/FLOODING:
WHAT IS THE SIZE OF THE
11. IF CONSTRUCTION OF A POND IS PROPOSED,
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE. OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY)
A-iU

13. PURPOSE OF PROPOSED WORK:

3
Y
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TARN TO MINIMIZE WETLAND
IMPACTS) :
7-/,- Si TF x-77, ?i= T ?rli- D /J? f .?

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 : /9'P,e14- -7X99 7 (ATTACH RESPONSES
FROM THESE AGENCIE
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 BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: dAe( 7 /?3 7
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUB,DIC (STATE) LAND?
YES. [] NO XIF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ J NO [ ]
b. IF YES, HA.S THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ I
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
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL 1'M_ATERIAL
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 AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
a. 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 STORY-WATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?

f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?

g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: 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 TIC n=TY COASTAL COUNTIES ONZY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER S/AGENT'S S GN =RE
ATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (ISg.))
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R Figure 1
Source: USGS Topographic Map,
Harrisburg Quadrangle Dated 1969,
LTD Site Location Map
Photorevised 1988 31 Acre Tract - Harris Boulevard
Charlotte, North Carolina
Scale: 1" = 2,000' ENGINEERING ECS, Ltd. Project G-1494
CONSULTING
SERVICES,LTD

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a.w STATE o:
North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
June 2, 1997
Denise M. Poulos, CPSSc
Principal Environmental Scientist
Engineering Consulting Services, LTD
5-C Dundas Circle
Greensboro, NC 27407
Re: 31-acre tract near Harris Boulevard, Charlotte,
Mecklenburg County, ECS Project G-1494, ER
97-8958
Dear Ms. Poulos:
Division of Archives and History
Jeffrey J. Crow, Director
Thank you for your letter of May 8, 1997, forwarding additional information
concerning the above project.
Your map indicates the proposed apartment complex is across SR 2939 from the
McDonald House (MK 1276). Therefore, the project as proposed should not affect
the historic property.
There are no known archaeological sites within the proposed project area. Based
on our present knowledge of the area, it is unlikely that any archaeological
resources which may be eligible for inclusion in the National Register of Historic
Places will be affected by the project construction.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations
for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley, environmental
review coordinator, at 919/733-4763.
Si erely,
G? V
David Brook
Deputy State Historic Preservation Officer
DB:slw
cc: Charlotte Mecklenburg Historic Landmarks Commission
Army Corps of Engineers, Asheville
Trivette Hunt, Old Concord Rd., Newell, NC 28126
109 East Jones Street • Raleigh. North Carolina 27601-2907 zl_ D