19940997 Ver 1_COMPLETE FILE_19941020

State of North Carolina
Department 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
APPROVAL of 401 Water Quality Certification
Schaedlc Worthington
Attn: Mr. Steve Middleton
28 Perimeter Center East
Suite 250
Atlanta, GA 30346
Dear Mr. Middleton:
F15TA
ID EHNR
October 21, 1994
Mecklenburg County
DEM Project # 94997
FILE COPY
You have our approval to place fill material in .15 acres of waters for the purpose of residential
development at Grove at University Place, as you described in your application dated 14 October
1994. 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 30 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
i
P ston How ? d, Jr. K.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Domey
Central Files
Kevin Martin; Soil and Environmental Consultants
94997.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-1535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
:t,2,44 Soil & Environmental Consultants, Inc.
West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
000 401 ISSUED
VV 201 c?
V1?NM?t???EN October 14, 1994
EN
NRCD - DEM USACOE, Regulatory Branch
Attn: Mr. John Dorney Attn: Mr. Steve Lund
4401 Reedy Creek Road Grove Arcade Building, Room 75
Raleigh, NC 27607 37 Battery Park Avenue
Asheville, NC 28801-2714
Dear Mr. Dorney and Mr. Lund:
The purpose of this letter is to inform you of our clients intention to utilize
Nationwide Permit 26 and a General 401 Water Quality Certification for
the project to be known as the Grove at University Place. The property is
located at the intersection of U.S. Hwy. 29 and Carley Blvd. near
Charlotte, NC in Mecklenburg County. The only jurisdictional areas on-
site are stream channels a pond and small vegetated pockets which qualify
as Waters of the U.S. The jurisdictional areas are along unnamed
tributaries of Mallard Creek
The approximate dimensions of the jurisdictional areas are shown on the
attached wetland delineation map. These delienations were performed by
S&EC. Due to the small size of the jurisdictional areas to be impacted we
do not believe it is necessary to survey the proposed impact area in detail
because it would be an unjust cost for our client.
Fill in less than 1/3 acre of Waters of U. S. on-site will be required to utilize
the property for a residential apartment complex including road access,
parking etc. Approximate locations of wetland areas to be impacted are
highlighted on the delineation map and the site plan.
It will be necessary to fill approximately .15 acre of jurisdictional Waters of
the U. S. above headwaters for placement of the propose facilities. The
areas to be filled are mostly contained within channels bounded by uplands
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
but still technically qualify as jurisdictional Waters of the U. S. The part
existing pond on-site is not proposed to be impacted by my client.
However, it is our understanding that the adjacent project (deemed a
separate project by the Corps) will impact part of the pond on their
property. Mr. Lund stated that a condition of the Corps approving the
impact will be that the pond dam be reconstructed so the area on my
clients property will remain a pond. My client (Schaedle Worthington) has
no objection to this but assumes that responsibility for restoration of the
pond lies with the adjacent property owner (Summit).
Please call if you have questions or require further information. We realize
that our client is not required to notify you for fills less than 1/3 acre above
headwaters but we have chosen to do so for the record and as a
professional courtesy.
We would appreciate written conf mention concerning our clients ability to
utilize the General Certification for this project.
Sincerely,
Kevin C. Martin,
President
Encs.
Owner: Schaedle Worthington
Attn: Mr. Steve Middleton
28 Perimeter Center East,
Suite 250
Atlanta, Ga 30346
Ph: [phone]
KCM/jmb