19930851 Ver 1_COMPLETE FILE_19930101

State of North Carolina 'T4 f Department of Environment,
Health and Natural Resources rt-ee
Division of Environmental Management
NOW
James B. Hunt, Jr_ Governor ry ID E F1
Jonathan B. Howes, , SecreLata
A. Preston Howard, Jr., P.E., Director
April 14, 1994
Waddill Heirs T/A Ruin Creek Farms
c/o Mr John H. Zollicoffer, Jr.
215 N. Garrett Street
Post Office Drawer 19
Henderson, N.C. 27536-0019
Dear Mr. Zollicoffer:
Subject: Stormwater approval
Henderson Square development
Commercial development
Vance County
DEM Project #93851
DEM has reviewed the plans for stormwater management for the
Henderson square development in Vance County has described in a
letter from Wayne McCoy of Miller-McCoy, Inc. dated February
1994. These plans are acceptable to DEM and satisfy-the
condition added to your 401 Water Quality Certification dated 10
November 1993 as long as the design is followed.
Please call Mr. John Dorney at 919-733-1786 if you have any
questions.
Sincerely,
A Preston Howa d, Jr. P.E.
93851.1tr I
cc: Wilmington District COE
COE Raleigh Field Office
Raleigh DEM Regional Office
John Dorney
Central Files
Wayne McCoy; Miller-McCoy, Inc.
P.7. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
i
S
MIL L?t McCOY, I NC. END? NEERT'N
911 CREEKSIDE ROAD
CHATTANOOGA, TENNESSEE 3'1406
PHONE [phone] • FAX [phone]
September 24, 1993
U.S. FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27626-3726
Re: Wetland Permit
Henderson Square
Henderson, North Carolina
M/M- Project No. jpwwt
Dear Sir:
We are in the process of applying for a Nationwide Permit from the Water
Quality Planning Division of Environmental Management NC Department of
Environment Health, and Natural Resources for a proposed shopping center
in Henderson, North Carolina. Within this tract of land there is an area
of approximately 1.867 acres of defined wetlands to which we are proposing
to place fill material. We are attaching a copy of the application and
a copy of the proposed plans for this development. Also included in these
plans is a survey plat that has the wetland area delineated as approved
by Ms. Jean Benton of the Corps of Engineers. These are for your use
in determining if there are federally listed or proposed for listing any
endangered or threatened species or critical habitats within the wetland
area delineated in the attached plans.
If-you need any additional plans or information to help in your deter-
mination, please contact Wayne McCoy or myself at 615-698-2661.
Sincerely,
MILLER-McCOY, INC.
Alex Wiley
Vol
AW/jsh
Enclosure
cc: Mr. David }ludson, Artech Design Croup
Mr. Mark Crambergs, 0111. 6 Assoc i rnte:;, I nc .
Mr. John Dorney, NC Ui_visiun of E?nviromiwiiCal Manal;cmc'nt
Mr. Wayoc McCoy, M1.11er-McCoy, Inc.

TA R_
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
l .?
TO: rn I` .. ?C?
q 11 >e I ?,j LNC,
1 l CreY1CS?dE K oaG' J:.
C?,a wz ",5,3 Ten e, e. 37+ 0
INSTANT REPLY
Please excuse this form. We thought you would prefer a speedy reply to a
formal letter. This is provided in response to your notification letter to
the U.S. Fish and Wildlife Service concerning Federally-listed endangered
and threatened species. This reply should be forwarded to the Corps of
Engineers Regulatory Branch.
Re: NIJP/
Nationwide Permit Number Project Name
51 -2-4113
Date
Based on our records, there are no Federally-listed endangered or
threatened species which may occur within the project impact area.
The attached page(s) list(s) the Federally-listed species which
may occur within the project impact area.
_ If the proposed project will be removing pines greater than or equal
to 30 years of age in pine or pine/hardwood habitat, surveys should
be conducted for active red-cockaded woodpecker cavity trees, in
appropriate habitat,within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to
adversely affect the red-cockaded woodpecker, and you should contact
this office for further information.
X The Service concurs that the proposed project is not likely to
adversely affect Federally-listed endangered or threatened species,
their formally designated critical habitat, or species currently
proposed for Federal listing under the Endangered Species Act, as
amended.
Staffing limitations prevent us from conducting a field inspection
of the project site. Therefore, we are unable to provide you with
site specific recommendations at this time.
Questions regarding the enclosed information should be directed to the Corps
of Engineers' regulatory staff member who is ha ing this project.
?? 0 1
106 ist Date
f x r? ';)
CONCUR: L v ?'?6? -CAL I G I,-
Supervisor Date

f
M I LL??R McGOY, I NC. ?°a N?E?s
4 1` 911 CREEKSIDE ROAD
4 CHATTANOOGA. TENNESSEE 37406
PHONE [phone] • FAX [phone]
September 24, 1993
Wilmington District Engineer
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
69 Darlington Avenue
Wilmington, NC 28405
Re: Nationwide Permit
Henderson Square
Henderson, NC
M/M Project No 4-
ATTN: Ms. Jean,Benton
Attached is a copy of a completed Joint Application Form for a Nationwide
Permit from the Corps of Engineers and the NC Division of Environmental
Management. By copy of this application to you and copies to the NC
Division of Environmental Management, we are hereby requesting a Nation-
wide Permit to disturb approximately 1.867 acres of wetlands for the con-
struction of a proposed shopping center .in Henderson, North Carolina.
We have attached a copy of the proposed plans for this development. Also
included in the plans is a survey plat of the tract with the wetland areas
delineated as approved by Ms. Jean Benton of the Corps.
In accordance with item number 15 in the application, we have requested
the information require& from the U.-S. Fish and Wildlife Service. A copy
of the letter is attached.
For item number 16 in the application, we were informed that a copy of
the application would be forwarded to the State Historic Preservation Officer
by the NC Division of Environmental Management.
If you need any additional plans or information to help.process this appli-
cation, please let me know.
Sincerely,
MILLER-McCOY, INC.
J
R. Wayne McCoy, P.E.
RWM/Jsh
I-,' 11C I.OSU17C
cc: Mr. David Hudson - Artech Detilgil Croup, Mr. Marls Crrunbc lgti - - - (:fa, t; Anru<'. ,
Mr. John Dorney - NC Division Of I I'virOrlJr:0tnlal. Mtrncn}t!"Ient
VIA - FEDERAL EXPRESS - MONDAY DELIVERY
4W
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 6, 1993
Regulatory Branch
Action ID. 199301386
Waddill Heirs T/A Ruin Creek Farms.
c/o Mr. John H. Zolicoffer, Jr., Esquire
Zollicofferr & Long
Post Office Drawer 19
Henderson, North Carolina 27536-0019
Dear Mr. Zollicoffer:

Reference is made to the enclosed survey plat titled "HENDERSON SQUARE
LIMITED PARTNERSHIP BY: CBL OF WYOMING, INC." Specifically, the property is
located off Ruin Creek Road, west of I-85 and east of U.S. Highway 158 By-
Pass, adjacent and above the headwaters of three unnamed tributaries to Red
Bud Creek, in Henderson, Vance Count, North Carolina. The survey plat
accurately reflects the limits o; Wetlands on the property as delineated by
Ms. Jean Benton of my Raleigh Field office staff. Unless there is a change in
the law or our published regulations, this determination of the limits of
wetlands may be relied upon for a period not to exceed September 9, 1996.
Pursuant to Section 404 of the Clean Water Act, prior Department of the
Army approval is required for the-discharge of dredged or fill material in
waters of the United States, including wetlands. -M&T"10
If you have questions, please contact Ms. Jean Benton, Raleigh Regulatory
Field office, telephone [phone], Extension 24.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
4W
-2-
Copies Furnished (without enclosure):
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr yCharles R. Miller, Jr., P.E.
Miller-McCoy, Inc.
911 Creekside Road
Chattanooga, Tennesee 37406
Mr. David Hudson
ARTECH Design Group, Inc.
2525 Broad Street, Suite 201
Chattanooga, Tennesee 37408
MEMO?
DATE:
TO:
SUBJECT:

w5-6 9 9 -CZ6 l
JT?-C ?UQ
From:
01' ,'srn1 4 ?
North Carolina Department of Environment,
Health and Natural Resources
?? Printed on Recycled Paper
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
C)? H"
A. Preston Howard, Jr., P.E., Director
November 10, 1993
Waddill Heirs T/A Ruin Creek Farms
c/o John H. Zollicoffer, Jr.
215 N. Garnett Street
P.O. Drawer 19
Henderson, N.C. 27536-0019
Dear Mr. Zollicoffer:
Subject: Proposed fill in.Wetlands or Waters
Commercial development
Vance County
DEM Project # 93851
Upon review of your request for 401 Water Quality Certification
to place fill material in 1.867 acres of wetlands or waters which are
tributary to Redbud Creek for commercial development located at I-85
and U.S. 158 in Vance County as described in your submittal dated 24
September 1993, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2671. A copy of
the General Certification is attached. This Certification may be used
in qualifying for coverage under Corps of Engineers' Nationwide Permit
No, 26. An additional condition is that written DEM approval must be
obtained for stormwater control before construction begins.
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.
If you have any questions, please contact John Dorney at-919-733-
1786.
Sincerely,
9 qreston Howard, r. P.E.
3851.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Mark Grambergs
Alex Wiley; Miller-McCoy Inc.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper
1-4
MEMOTZA NDUM PRINT
Re
TO: John Do-nney WO
c,TTR TE ?' . ET Ti' STAFF ELl' ?Dr' ? TJ ?rZi iT', 'P (T`?;
C_ . in1 .1LAF:. i? !_ -? _.1 1 C.`?_vf! 1 ?.A1 _ _
NAMES:
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DATE
***EACH ITEM MUST BE ANSWERED (USE MIA FOR NOT APPL I + AL T,E)
_ V A/V CE
'? -
PERMIT YR.: 9'Ei?tIT NO: JO_}08?:i C:ODNTY. _ -,
APPLICANT NAME: trJADDILL ?iIERS= - R?_'IN CRE-K FARM-'
?g?_,.?> Cm mVD . -IvffgERr'TAT Frl? tEPNTIT `'_'YP?`• N-W26
A. -E 1 1. - . _ ` L. L J .L :L ._ TYPE: L
COE #. DOT #.
RCD FROM CDA: APP DATE FRY CDA: 09/30;93
;E'C?_C'F.:.C:E : T 9-0 RIZ.?ER__AI? D-STi?,,DA-,IN_# : Red Gwd- M '"Ta?
(/jcr-sh'j 03 03 01
?TREPN_CLASS : C Al I Uy STR_IND i_;X_N0 : Zif - 17 -2, - 3
WT, IMPACT? : N In7L_TYPE : ST R-
,.v' LREQUESTED:/. caC 7AMYS - WT__A? R_E,: T? : O /N
,nIL_SCORE (#) : ma?¢- 16 Pr5. WATER IMPACTED BY FILL? : lj/N C/=EArl 014ANNQ)
HYDRO_CNECT? : J!?YN MITIGATION?: YO
MITIGATION TYPE:ItIA MITIGATION SIZE:
IS WETLAND RATING `4HEE`I' AT`."AC:HED? : Yhi
REC'nNL11'iEND?iTIOI? (Circle One): ISSUE IS6-
CO-WiIENTS: /Ct)i7 L Ei?IY
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STb9JY) wfl7E-"2 D %lWAvn dfl :3rAAF'?7?C6S A5 '3V& t j _ ON Sv 6M trlCD -TZAA S'
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C`en -ral Files
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NOV
WETLANDS GROUP' s
?,?„WATER OUAi.ITY SECTION
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yr,
` -T _ 71993
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-:21993
DEHNR-RAL RO

DEM ID: ACTION ID: _J
? ? `?u-?.xa? ? a
JOINT APPLicA'TION FORM FOR
NATIONWIDE RERMITS THAT REQUIRE NOTIFICATION TO THE Dl: T ENGINEER
NA'T'IONWIDE PERMITS THAT REQUIRE SECTION 1101 CERTIFICAT COhCJRREJCf'"%?
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 1101 CL•''I'IFICATION

WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
. P.. 0. BOX 1890
WILMINGTON, NC 281102-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DO.RNEY
Telephone [phone]
ONE (1) COPY-OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C..DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
Waddill Heirs T /A Ruin Creek Farms
i 01,41JE; S NA` i : Southern National Bank, Trustee under will of Edmond L.-Waddill
2. CIRH EPS ADDRESS: c/o John H Zollicoffer, Jr., Zollicoffer& Long, Attorneys &
Counsellors at
- Law, 215 N Garnett Street R 0 Drawer_12, ua"A, Gnn, N?
275?h-Oni n
;. 0.i?iEFS PHO:iE. NUMBER (HOI-V :
(WORK): 919/438-4134
4. IF APPLICABLE: GENT'S i`IYME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NU?3ER: Henderson Square Limited Partnership (Agent)
6148 Lee Highway -
Chattanooga, TN 37421
615/855-0001 Attn: Mark Grambergs
j . LOCAT-1011 OF PLANNED '.•rORK (ATTACH MAP) .
COUNT'! : Vance
NEAREST TOiN OR CITY: Henderson
LANDMARKS, ETC.) : Bounded on -_
.SPEC:=IC LOCAI'IO1d (INCLUDE ROAD NUMBERS,
south by I-85, on west by Ruin Creek Road and north by U.S. 158 By-pass _
;•{;tl•tE -,F CLOSEST S-1REAF1/R`_VFR: -Nutbush Creek
i:Ivr BAS?:I: Not Applicable_ -
P`;0.)( (=L0c;?.'1'f 1) !; WA. TERS{IED CLASSIFIED AS) TROUT, '-A i;Q?r! OI1':!
FS ( 1 NO x 1
Oh! IU); i'{:i' !;"i"? f'f-iE-'i iCllJ_;L.•i REQUF: STED 1-011 t) ;F

1.867 acres
f;CRF...`j OF tl::-,1.A LC':ATE11) ON PROJECT _? 11:
2/3/'W

k
-1._

! 1 . NUMBER OF ACRES OF WE'T'LAND TIIPACT'ED 13Y THE PROPOSED PROJECT:
FILLED: 1.867 Acres
DRAINED: 0
FLOODED: 0
EXCAVATED: 0
TOTAL IMPACTED: 1.867 acres
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Commercial shopping center
development with outparcels
13. PURPOSE OF PROPOSED WORK: Retail development
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Wetlands located in center of development necessitating activity
must be carried out in 1.867 acres.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERI4IT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PRO•?ECT. HAVE YOU DONE SO? YES [X] NO [ ) See attached letter
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
i6. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ J NO [X]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED. North Carolina Department of Environ-
mental, Health and Natural Resources (John Durney) has advised that it will notify
17. ADDITIONAL INFORMATION REQUIRED BY DEM: State Historic Preservation Officer
A. 1.4ETLAND DELINEATION MAP SHOWING ALL WETLANDS; STREAMS, AND LAKES ON regarding
this
THE PROPERTY. roject.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFOPKIED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORM1,1ATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
{ WHAT 1.`i LAND USE OF
E iF APPt..ICAI:LF:, WHAT IS
sewer l i n e -__-_--
Owner':
Ilv:
It,
OF 'il. GI DI'iPOSAL"
en tender.so--Square Limitecl
p / _\&_ xXner.sj ip by Clil, Finance, Inc.
DATC 9 /`33

MILLER4MCCOY,
' (? ?- CONSULTING
V ENGINEERS
911 CREEKSIDE ROAD
CHATTANOOGA. TENNESSEE 37406
PHONE [phone] • FAX [phone]
September 28.,, 1003
Mr. John Dorney
NC DEPT. OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
Water Quality Planning
Division of Environmental Management
512 N. Salisbury Street
Raleigh, NC 27604
VIA - FEDERAL EXPRESS
Re: Nationwide Permit
Henderson'Square
Henderson, North Carolina
M/M Project No.
Dear Mr. Dorney
Attached are seven (7) copies of a completed Joint Application Form for
a Nationwide Permit from the Corps of Engineers and the NC Division of
Environmental Management. By copy of this application to your office and
to the Corps of Engineers, we are requesting a Nationwide Permit to disturb
approximately 1.867 acres of wetlands for the construction of a shopping
center in Henderson, North Carolina.
We have also attached seven (7) copies of the proposed plans for the site.
Within these sets is a survey plat of the property with the wetland area
delineated as approved by Ms. Jean Benton of the Corps of Engineers. Also
included in these are the proposed grading plans for the site.
In accordance with item number 15 in the application, we have requested the
information required of the U.S. Fish and Wildlife Service. A copy of the
letter is attached.
Concerning item number 16 of the application, we have not contacted the
State Historic Preservation Officer. In talking to a representative of
your office we were informed that you would send a copy of the application
to them for their review.
If you need any additional plans or information, please let me know.
Sincerely,
MILLER-McCOY, INC.
R. Wayne McCoy, I' . k:.
RWM/jsh
Enclosure
cc: Ms. Jean Menton - Corps of Engineers, David Ihidtion - Artech Design Croup,
MILLER M CCOY, INC. ENG NELERS
911 CREEKSIDE ROAD
CHATTANOOGA, TENNESSEE 37406
PHONE [phone] • FAX [phone]
September 28, 1993
Mr. John Dorney
NC DEPT. OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
Water Quality Planning
Division of Environmental Management
512 N. Salisbury Street
Raleigh, NC 27604
Re: Nationwide Permit
Henderson Square
Henderson, North Carolina
M/M Project No. 9225
Dear Mr. Dorney:
VIA - FEDERAL EXPRESS
SE,P 611 l ,j
I
I
Attached are seven (7) copies of a completed Joint Application Form for
a Nationwide Permit from the Corps of Engineers and the NC Division of
Environmental Management. By copy of this application to your office and
to the Corps of Engineers, we are requesting a Nationwide Permit to disturb
approximately 1.867 acres of wetlands for the construction of a shopping
center in Henderson, North Carolina.
We have also attached seven (7) copies of the proposed plans for the site.
Within these sets is a survey plat of the property with the wetland area
delineated as approved by Ms. Jean Benton of the Corps of Engineers. Also
included in these are the proposed grading plans for the site.
In accordance with item number 15 in the application, we have requested the
information. required of the U.S. Fish and Wildlife Service. A copy of the
letter is attached.
Concerning item number 16 of the application, we have not contacted the
State Historic Preservation Officer. In talking to a representative of
your office we were informed that you would send a copy of the application
to them for their review.
If you need any additional plans or information, please let me know.
Sincerely,
MILLER-McCOY, INC.
jG? `2-??(z
R. Wayne McCoy, P.E.
RWM/jsh
Enclosure
cc: Ms. Jean Benton - Corps of Engineers, David Hudson - Artech Design Group,
Mark Grambergs - CBL & Associates, Inc.
G
MILLER MCCOY, I I C. ENGINEERS
911 CREEKSIDE ROAD
CHATTANOOGA, TENNESSEE 37406
PHONE [phone] • FAX [phone]
September 28, 1993
Wilmington District Engineer ?W..,_.
CORPS OF ENGINEERS n
DEPARTMENT OF THE ARMY ?J
69 Darlington Avenue
Wilmington, NC 28405 LTWM 3 0 i?w
x
Re: Nationwide Permit fDSGR OUP
Henderson Square 1 ? SECf ")?
Henderson, NC
M/M Project No. 9225
ATTN: Ms. Jean Benton
Attached is a copy of a completed Joint Application Form for a Nationwide
Permit from the Corps of Engineers and the NC Division of Environmental
Management. By copy of this application to you and copies to the NC
Division of Environmental Management, we are hereby requesting a Nation-
wide Permit to disturb approximately 1.867 acres of wetlands for the con-
struction of a proposed shopping center in Henderson, North Carolina.
We have attached a copy of the proposed plans for this development. Also
included in the plans is a survey plat of the tract with the wetland areas
delineated as approved by Ms. Jean Benton of the Corps.
In accordance with item number 15 in the application, we have requested
the information required from the U.S. Fish and Wildlife Service. A copy
of the letter is attached.
For item number 16 in the application, we were informed that a copy of
the application would be forwarded to the State Historic Preservation Officer
by the NC Division of Environmental Management.
If you need any additional plans or information to help process this appli-
cation, please let me know.
Sincerely,
MILLER-McCOY, INC.
R. Wayne McCoy, P.E.
RWM/jsh
Enclosure
cc: Mr. David Hudson Arttech Design Group, Mr. Mark Crambergs - CBL & Assoc.,
?? ,ITDIrco?f Erv?rRtlian?._._
VIA - FEDERAL EXPRESS
MILLER?MCCOY, INC. _CONSULTING
_ ENGINEERS
911 CREEKSIDE ROAD
CHATTANOOGA, TENNESSEE 37406
PHONE [phone] • FAX [phone]
September 24, 1993
U.S. FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27626-3726
Re: Wetland Permit
Henderson Square
Henderson, North Carolina
M/M Project No. 9225
Dear Sir:
We are in the process of applying for a Nationwide Permit from the Water
Quality Planning Division of Environmental Management NC Department of
Environment Health, and Natural Resources for a proposed shopping center
in Henderson, North Carolina. Within this tract of land there is an area
of approximately 1.867 acres of defined wetlands to which we are proposing
to place fill material. We are attaching a copy of the application and
a copy of the proposed plans for this development. Also included in these
plans is a survey plat that has the wetland area delineated as approved
by Ms. Jean Benton of the Corps of Engineers. These are for your use
in determining if there are federally listed or proposed for listing any
endangered or threatened species or critical habitats within the wetland
area delineated in the attached plans.
If.you need any additional plans or information to help in your deter-
mination, please contact Wayne McCoy or myself at 615-698-2661.
Sincerely,
MILLER-McCOY, INC.
lWJ J
Alex Wiley
AW/jsh
Enclosure
cc: Mr. David Hudson, Artech Design Croup
Mr. Mark Grambergs, CBL & Associates, Inc.
sue:. - -r. _ o t
Mr. Wayne McCoy, Miller-McCoy, Inc.
j -a
DEM ID: _
JOINT APPLICATION FORM FOR
NATIONIJIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SEC'T'ION 401 CERTIFICATION CONCURRENCE
NA'T'IONWIDE PERMITS 'T'HA'I' REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF -ENGINEERS
DEPARTMENT OF THE ARMY
.P..O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT.
NC DEPARTMENT OF ENVIRO
AND NATURAL RESOURC D FSEP 15
P.O. BOX 29535
RALEIGH, NC 27626-0535 ?J 0 )993
ATTN : MR. JOHN DO.RNEY
Telephone [phone]
ONE (I) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C.•DIVISION OF
ENVIRONMENTAL MANAGEIMENT. PLEASE PRINT.
Waddill Heirs T /A Ruin Creek Farms
i . 0I41JEF S •!A`1E : Southern National Bank, Trustee under will of Edmond L.
2. C,*-!E S ADDRESS: c/o John H Zollicoffer, Jr., Zollicoff.e'r& Long, Attorneys &
Counsellors at Law, 215 N Garnett Street, P 0 Drawer 19, N ndPrcnn, Nr
'iNEFS PHONE. NUMBER (HOME):
ACTION ID:
(WORK): 919/438-4134
11• IF A:=PLIC ABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NU,'3ER: Henderson Square Limited Partnership (Agent)
6148 Lee Highway -
Chattanooga, TN 37421
615/855-0001 Attn: Mark Grambergs
5. LOCA 1-01-1 r PLANNED '.+ORK (!':TTACH MAP) .
COUNTY: Vance
NEAREST TOiN OR CITY: Henderson
3PEC:FIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Bounded on __
south by I-85, on west by Ruin Creek Road and north by U.S. 158 By-pass -
5. :•!ANE OF CLOSEST SfREAH/R'_VER:
r.I V17F BA S I' : Not Applicable
Nutbush Creek
? ($ iF:' r!i0.1?::C"l' LO(;?.'1'EI) ?!! R ! IISIIED CL.ASSIFI' D AS "1'RO!1'I' ;h i;04l, Oli'.1
.;s 110 ' x)
{!.,y 1aY .__. I01! IU!, I'i:i f!;"i") L3[:i:N I'IiL'r iOUSL.'i (T.E.-RUC: S')'E1) I Oit tJ ;? GII "1'!11.`i
la(? ( X'
.)ROPERTY' !f
I'L' ------ - - - - - -- -- ----
Waddill
Mks
,y .
s
?). :S'I' .'(!'i'... ')'('/tl. ;ilJill;i:!i ')F /; t: RC C)l s1="[l.!1NDS L.C';A"l'ED ON I'ItU.1I.C'.° E.
1.867 acres ~
2/3/1W

( ti 1
I. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 1.867 Acres
DRAINED: 0
FLOODED: 0
EXCAVATED: 0
TOTAL IMPACTED: 1.867 acres
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Commercial shopping center
development with outparcels
13. PURPOSE OF PROPOSED WORK: Retail development
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Wetlands located in center of development necessitating activity
must be carried out in 1.867 acres.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NA.TIO14AL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR 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. HAVE YOU DONE SO? YES (XI NO ( J See attached letter
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
i6. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ J NO (xJ
RESPONSE FROM THE SHPO SHOULD' BE ATTACHED. North Carolina Department of Environ-
mental, Health and Natural Resources (John Durney) has advised that it will notify
17. ADDITIONAL INFORMATION REQUIRED BY DEM State Historic Preservation Officer
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON regarding
this
THE PROPERTY. roject.
B. IF AVAILABLE:, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFOR14ED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT 7'0 THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER 14ANAGEHENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
c,
E. WHAT IS LAND USE OF .,'(310h-'AUNDING PROPS (TY? collInjyr
Sr;WAGI UISPOSAL.'?
F. 1F APPL.ICABLE, WHAT I'; 11fi0110.-;ED METI ) OF
sewer line
n ---
Ower' gen lenderso Square Limited
A Ik nersjiip by CBL Finance, Inc.
4 N ;11' i BX?111 A NT J DATE 9 /93
MEMO
V
TO:
DATE: i
SUBJECT: `
bU'v- qA,.?,r Au, cam- Akfi?
0 /
From: 4A9 Aee9
?.Mi STATE ck
North Carolina Department of Environment,
Health, and Natural Resources
au,, (? Printed on Recycled Paper
s
Ad

DEM ID: 9,3936 ACTION ID:
JOINT APPLICATION FORM FOR
NA'T'IONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SEC'T'ION 1101 CERTIFICATION CO' t1=12(2CNt??
NA'T'IONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 ? I !ICl\T.TON ..
WILMINGTON DISTRICT ENGINEER
CORPS OF NGINEERS
DEPARTMENT OF THE ARMY
.R.O. BOX 1890
WILMINGTON, NC 281102-1890
ATTN : CESAW-CO-E
Telephone (919) .251-4511
? w
WATER QUALITY MING\; \
DIVISION OF E M01AL MANAGEMENT
NC DEPARTMENT VIRONMENT, HEALTH
AND NATURAL E
P.O. BOX 29535 W
RALEIGH, NC 276 - 5
ATTN: MR. JOHN D .RNEY
Telephone [phone].
ONE (1) COPY- OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVI-RONME ITAL MANAGEMENT. PLEASE PRINT.
Waddill Heirs T /A Ruin Creek Farms
1. 01,41JE S NAMP:: Southern National Bank, Trustee under will of Edmond L._Waddill
2. OWINE'S ADDRESS: c/o John H Zollicoffer, Jr., Zollicoff.er& Long, Attorneys &
Counsellors at
- Law, 215 N. Garnett Street, `P 0 Drawer_ 9 ?- HPndercnn NC:
27 516-0019
01•INE=:S PHONE NUMBER (HOME):
?.
(',riORK) : 919/438-4134
4. IF A;-?LTC-BLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Henderson Square Limited Partnership (Agent)
6148 Lee Highway -
Chattanooga, TN 37421
615/855-0001 Attn: Mark Grambergs
j. LOCATi011 OF PLANNED WORK (ATTACH MAP).
COUNTY: Vance
NEAREST TOiN OR CITY: Henderson
.SPEC: IC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.Bounded on
south by I-85, on west by Ruin Creek Road and north by U.S. 158 By-pass
;•ii'tHE OF CLOSEST S"it?f_AH/R' VER : -Nutbush Creek
i ;; I VER BASIN: Not Applicable-_-T
[:1 "iH[S PR0.1? C'I' LOCAI --.D !!i A WAT!-11'111 CLASSIFI°D AS TROD , SA, ;:OW, 0104,
.Ii'l ITE.oursj'EU vol" 1ti.`i( ('.I.I 1!11.`.
NUl•1Gi 'i ')i AC Ii!: i Of 1:1 .11A,NDS LOCA'1 ED Uhl I'HOJI:Cf
1.867 acres

-2.-

I . NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJEC'T':
FILLED: 1.867 Acres
DRAINED: 0
FLOODED: 0
EXCAVATED: 0
TOTAL IMPACTED: 1.867 acres
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Commercial shopping center
development with outparcels
13. PURPOSE OF PROPOSED WORK: Retail development
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Wetlands located in center of development necessitating activity
must be carried out in 1.867-acres.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/'OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABI'T'AT IN THE PERI4IT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO ( ] See attached letter
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO C014TACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ ] NO (X)
RESPONSE FROM THE SHPO SHOULD BE ATTACHED. North Carolina Department of Environ-
mental, Health and Natural Resources (John Durney) has advised that it will notify
i7. ADDITIONAL INFORMATION REQUIRED BY DEM. State Historic Preservation Officer
A. IWETLAND DELINEATION MAP SHOWING ALL 4ETLANDS, STREAMS, AT1D LAKES ON regarding
this
THE PROPERTY. roject.
B. IF AVAILABLE., REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFOPMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMW.ATER 14ANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, A'1TACI-1
COPY.
E. WHAT IS LAND USF OF S1JRf1.")1JNDING PROPERTY') commmereialb1fice-_- - --
F. iF APPLICABLE, WHAT IS 1j ;()PO ED M[:_'T1
sewer line __
Owner'
Bv:
III
OF SEWAGI DISPOSAL?
en Tendersop Square Limited
g nersiip by CBL Finance, Inc.
A NT? DA'I'l_ 9tfl/93
a