19940295 Ver 1_COMPLETE FILE_19940331

State of North Carolina
Departr.-ient of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 4, 1994
Mr. Terry Knotts, V.P.
Ballantyne Development Corp.
Rotunda Suite 175
4102 Congress St.
Charlctta, N.C. 28209
Dear Mr. Knotts:
Subject: Proposed fill in Wetlands
Sewer line installation,
Mecklenburg County
DEM Project #94295
ATM.WA
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Amww?
Aloha I MOO!- a
DEHNR
or Waters
eastern portion'balllantyne PUD
We have reviewed your request for 401 Water Quality Certification to
place fill material in 0.01 acres of wetlands or waters which are tributary to
Mc Alpine Creek for sewer line installation located at eastern portion of
Ballantyne PUD in Mecklenburg County as described in your submittal dated 21
March 1994. Based on this review, we have determined that the proposed fill
is covered by General Water Quality Certification No. 2664. A copy of the
General Certification is attached. This Certification is necessary for
coverage under Corps of Engineers' Nationwide Permit No. 12. This action
completes DEM's review under Section 401 of the Clean Water Act.
If this Certification is unacceptable to you, you have the right to an
adjlid,i-catorv L:earing upon written req•iest within thirty (30) days following
rcc:iLt " Certification. Th 3 request must be in the form of a written
petition co.ifo:rring to Chapter 150B of the North Carolina General Statutes and
filed wi*h 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,
Presto Ho war Jr. P.E.
94295.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Len Rindner; Land Design
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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LanbDeslffli
Engineering Services, Inc.
March 21, 1994
Mr. John Dorney
Water Quality Planning
Division of Environmental management
NC Department of Environment, Health,
and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 29535
Re: 10" Sanitary Sewer Service to
An East Portion of the
Ballantyne Planned Unit Development
Mecklenburg County
LDESI Project No. 83039-8
Dear Steve:

On behalf of The Harris Group, please find our submittal of the Nationwide #12
documentation to make the Sanitary Sewer crossing of a tributary of McAlpine Creek as
shown on the attached maps. The crossing is at a bank to bank location with no impact
to vegetated wetlands.
Please let me know if you require additional information or have any questions.
Very tr ours,
f
Leonard S. Rindner
NC Landscape Architect #578
LSR/fj
cc: Terry Knotts
Steve Lund
dom0321.1tr
1700 East Boulevard
Charlotte. NC 28203
704.376.7777

DEM ID:_ ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):NWP#12 - BALLANTYNE: HARRIS GROUP
JOINT FORM FORM
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P. O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P. O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY r '
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEE a
SEVEN (7) COPIES SHOULD BE SENT TO THE N. C. DIVISION OF ENVIRONMENTAL MANAGEMEN .
PLEASE PRINT. WETLANDS GW
WATER TYSC!
1. Owners Name: BALLANTYNE DEVELOPMENT CORPORATION
2. Owners Address: _ROTUNDA SUITE 175. 4102 CONGRESS ST.. CHARLOTTE. NC 28209
3. Owners Phone Number (Home): (Work): 704-553-6171
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
TERRY KNOTTS. VICE PRESIDENT
_(ADDRESS SAME AS ABOVE)
5. Location of work (MUST ATTACH MAP). County: MECKLENBURG
Nearest Town or City: CHARLOTTE
Specific Location (Include road numbers, landmarks, etc.): BETWEEN EXISTING US 521.
CHARLOTTE OUTTER LOOP UNDER CONSTRUCTION) AND ELM LANE WEST
6. Name of Closest Stream/River: MCALPINE CREEK
7. River Basis: CATAWBA RIVER
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES () NO (X)
9. Have any Section 404 permits been previously requested for use on this property? YES () NO (X )
If yes, explain:
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
39.27 ACRES
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted: LESS THAN .01 ACRES AT BANK TO BANK CROSSING.

DEM ID: 1/1/ 1?9 r-) ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):NWP#12 - BALLANTYNE: HARRIS GROUP
JOINT FORM FORM
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P. 0. Box 1890 AND NATURAL RESOURCES _ _, ...
Wilmington, NC 28402-1890 P. 0. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEE
SEVEN (7) COPIES SHOULD BE SENT TO THE N. C. DIVISION OF ENVIRONMENTAL MANAGEMEN .
PLEASE PRINT. WA E LUNDS'( J13 tr 1
1. Owners Name: BALLANTYNE DEVELOPMENT CORPORATION -
2. Owners Address: _ROTUNDA SUITE 175. 4102 CONGRESS ST.. CHARLOTTE. NC 28209
3. Owners Phone Number (Home): (Work): 704-553-6171
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
TERRY KNOTTS. VICE PRESIDENT
(ADDRESS SAME AS ABOVE)
5. Location of work (MUST ATTACH MAP). County: MECKLENBURG
Nearest Town or City: CHARLOTTE
Specific Location (Include road numbers, landmarks, etc.): BETWEEN EXISTING US 521.
CHARLOTTE OUTTER LOOP UNDER CONSTRUCTION) AND ELM LANE WEST
6. Name of Closest Stream/River: MCALPINE CREEK
7. River Basis: CATAWBA RIVER
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS ll? YES () NO (X)
9. Have any Section 404 permits been previously requested for use on this property? YES () NO (X )
If yes, explain:
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
39.27 ACRES
11. Number of acres of waters of the U.S., including wetlands, Impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted: LESS THAN .01 ACRES AT BANK TO BANK CROSSING.
12. Description of proposed work (Attached PLANS-8 1/2" X 11" drawings only): SEE ATTACHED PLANS
FOR 10" SANITARY SEWER WITH 15' R/W CROSSING HEADWATER TRIBUTARY OF
MCALPINE CREEK.
13. Purpose of proposed work:_PROVIDE SANITARY SEWER TO EAST PLANNED UNIT
DEVELOPMENT AREA OF BALLANTYNE.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note
measures taken to minimize wetland impacts. APPLICANT WILL RESEED AREA WITH NATIVE
PLANT SPECIES (NOT FESCUE) MEASURES WILL BE TAKEN TO PREVENT LIVE OR FRESH
CONCRETE FROM COMING IN CONTACT WITH WATERS OF THE STATE UNTIL THE CONCRETE
HARDENED. APPLICANT WILL COMPLY WITH ALL NATIONWIDE PERMIT #12 CONDITIONS.
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 permit area that may be affected by the
proposed project. Have you done so? YES() NO (X)
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of
historic properties in the permit area which may be affected by the proposed project? Have you done
so? YES () NO (X)
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement
of the delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? CURRENTLY UNDEVELOPED AND SINGLE
FAMILY RESIDENTIAL/PLANNED MIXED USE.
F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER
Owner's ignature Date
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