19980064 Ver 1_COMPLETE FILE_19980127

PORTRAIT
HOMES
A Pasquinelli Company n0/
June 3, 1998
ESP Associates, P.A. Parham, Helms & Harris, Attorneys
Mr. David Weirich Mr. Neal Helms
P. O. Box 700 6310 Fairview Road
Pineville, NC 28134 Charlotte, NC 28210
RE: Deed Restrictions for Wetland Areas
University Heights Sub-Division
In accordance with the May 26. 1998, letter from NCDENR we are required to place deed
restrictions on any lot or common area that is affected by the Wetlands. This restriction should be
placed on the remaining Wetlands to restrict future fill.
David Weirich should show on his survey the remaining Wetlands. Contact Phillip Hobbs at 521-
9880 if there are any questions.
erv Truly Yours,
David A, Cushing, ASLA
Land Development Manager
cc: Phillip Hobbs
_ I John Dorney. NCDENR
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
File-98MisCorr-misc.
wetland.doc
. ? t i•1 ,

.
?

Portrait Homes Construction Co. • Charlotte Division
9305-L Monroe Road • Charlotte, NC 28270 • [phone] 9 [phone] Fax
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A I _0 VA,
4
5?lr
Ljf2il
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL R"auRctfs
May 26, 1998
Mecklenburg County
APPROVAL of 401' Water DWQ Project #t 980064
Quality Certification and ADDITIONAL CONDITIONS, WRP
David Cushing
Portrait Homes
9305-L Monroe Road
Charlotte, NC 28270
Dear Mr. Cushing:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material In 260 linear feet of waters for the purpose of constructing two road cssings for residential development
at University Heights in Mecklenburg County, as you described in your applicationrodated March 24, 1998. Afar
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number
3103., This certification allows you to use Nationwide Permit Number 14 when the Corps of Engineers issues It 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 for a new certification. If the property is sold, the new owner must be given a copy of this Certification
and approval letter and is thereby responsible for complying with all conditions. 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
ZH.0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed in all lots with remaining jurisdictional
wetlands and waters to restrict future wetland and/or water Impact. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R.0500, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H
.0506(h), 260 feet of restoration will be required. Until the Wetland Restoration Program receives and clears your
check (made payable to: DEHNR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron
Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration
Program. You have one mouth from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of 260 feet of streams in 030831 river and subbasin and 260 feet of streams
restoration is required. Please be aware that the Wetland Restoration Program (WRP) rules require
rounding of acreage amounts to one-quarter acre increments (15A 2R.0503(b)).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. 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. 276 1 1-7447. This certifleadon and its conditions are final
and binding unless you ask for a hearing.
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch. 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX [phone]
An Equal Opportunity Atflrmative Action Employer • 50% recycled/10% post consumer paper
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.
Attachment
ec: Wilmington District Corps of Engineers
Corps of Engineers AsheviIIe Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
Ron Ferrell; Wetland Restoration Program
Fhilip Hobbs; Site Solutions
980064,ltr
NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMIITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H _0500, ftTait om has approval to impact streams described below for the purpose(s)
constructing two road crossings for residential development. All activities associated with these authorized impacts must be
conducted in accordance with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIItEMENT FOR WETLAND RESTORATION
LOCATION:
COUNTY: Mecklenburg
BASIN/SUBBASIN: 030831
As required by 15A NCAC 2H.()5()6, and the conditions of this certification, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Programs must be rounded to
one quarter acre Increments according to 15A 2R.0503(b)
acres of Class WL wetlands
acres of riparian wetlands
acres of non-riparian wetlands
acres of Class SWL wetlands
260 linear feet of stream channel
other
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Wetlands Restoration Fund per 15A NCAC 2R.0503. If you choose this option, please sign this form and mail it to the
Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, TIC ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORA'T'ION PROGRAM.
IAt
SI attire Date
4'1 -ONxt CoSt{hk36
I : t 1'iZ,?-f WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
?Ap 1). Oeo. M ? g.?, P.O. BOX 29535
RALEIGH, NC 27626-0535
[phone] ext. 359

This General Ce?t`_fication is issued in conformity with the
requirements of Sec.icn: 401, p+1blic Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Water
Quality Regulations in 15? NCAC 2H,
material zto waters aandlwetlanc? areas
he 1iisz ar:e c_'
.0200 for t
as described-in 33 C_:F Appendix A (B) (14) of the Corps of
. 330 OFF
roadlcr ssingaand is of
Engineers recap i include any fill Nationwide activity ermit No.
activities shall 1
limited to fill less than one-third of an acre. This Certification
replaces Water Quality Certification Number 2177 issued on November 5,
1987, water Quality Ce==lfication Number 2666 issued on January 21,
1992 and Water Quality Cer_i*ication Number 2732 issued om may
1992. This +:QC is res=inded when t e Corps of Engineers ;eauthorize
Natioz,wide Permit. 14 c_ whe' desmed appropriate by the Director of the
..IQ -
State: of l,:cr_:.certifies that the specified
The c-_ :c. vitiate applicable portions of Sections
cap JV c? = :' ••--- ,..bsic Laws 92-500 and 95-21, is
3 0n2r J?3 d
.? ?. O? traC Y
?i-
te dttions hereinafter set for-`
thm c
c .
Ccnc:tio:- Certi'__cat?
1 p:pose __'_' c= st_,bstantial modification of wetlands c:7
waters ?;ce= this General Certification rewires written
cc;icur=e.^-ce rc:7 the Division of Water Quality;
2 W-: o: the fill is limited to the minimum needed 'for
*_rs ac ti al c=cssinc;
_c??G., width sha'i b= minimized as much as practicable
and t::at ro p=acr.icable alternative exists;
4. Pipes shall be installed under the road in all streams so as
to car-, a- le the 25 year storm event as outlined in the
most r==e== ed-tic. of the "North Carolina Erosion and.
S=JimE:: C;:= of Punning and Design manual" or "North
Carol _.._ S-_,:=ace r'ining Manual" in order not to impede flo+:_
p;pes 3"--all be placed at or below the elevation of the
streambed s: as not to impede aquatic life movement;
5. That apprcp_-ate sediment and erosion control practices
which equal or exceed those outlined in the "North Carolina
l•osion and Sediment Control Planning and Design Manual" or
"North Carolina Surface Mining Manual" (available from the
Division of Land Fesources in the DEHN?, Regional and Central
offices:, are utilizemd to prevent exceedances of the
appropriate turbidity water quality standard (50 NTUs in
streams and rivers not designated as trout waters by DWQ; 25
NTUS in all saltwater classes, and all lakes and reservoirs;
and 10 NTUs in trout waters);
6. All sediment and erosion control measures placed in wetlands
or waters shall be removed and the natural grade restored
after the Division of Land Resources has released the
project;
7. Yeasu=es shall be taken to prevent live or fresh concrete
from coming into contact with waters of the state until the
concrete has hardened;
H. 14 this Certification is used to access building sites, all
lots must be buildable without additional fill beyond that
allowed ur.der other General Certifications. Deed
restrictions must be placed on the remaining wetlands on
these lots to restrict future fill. DWQ shall be sent
copies of all deed restrictions applied to these lots;
9. This Certification shall be utilized for roads from natural
high ground to natural high ground. The Certification for
Nationwide Permit 18 may not be used in conjunction with
this Ce_-ti=ication to create high ground for road access;
10. if an environmental document is required, this Certf_'ication
is not valid until a FONSI cr FOOD is issued by the State
Clearinghouse;
11. That additional site-specific conditions may be added cc
projects proposed under th`s Certification in order to
ensure comrlia ce with all applicable water quality and
effluent standards;
12. Concurrence from D'r7Q that t^is Certific3tiop_ allies to an
tr_a icver ndividua! lproQec from u shall expire three y,ars from the date of
.
Nc:_-c, ~' = eat= w?-? or Violation c= the condi:: cns __
a
--C - ?. a--~ -_-'- -='-1 ^.rClect a a'_1 :as'i1. in rE','OC?t_021 of
also re-*z 1 +-?
-4h$ Ei"O_ c_ the Ncl- Ca=o .n
_ ..::a Division o? 'ate= Quali=v magi
=eg;rira s•?:t.-?s=ic:- a for:-a? .
o; app._;c=zion for ind_vidua?
certii:c_tic- for arv Yro;ect in this ca, if is
activity, it i
de_era;:i ed t _t the F=cje=t is likely `story cf
to have a signiiic?nt adverse
e'_fe=t upon water pis_Iity or degradd t e waters so that.:existinr ??gec
c_ tra r:e=la;,d cr do-IVstrEam waters a_= precluded.
Public hearincs ma_v be held for specific applications or
o[Ve of applications prio to a Cert4_°4cation decision if deemed
pub_ic•s best ,nteres, by the Director of the North'
c: 'pater Quality, Ca_,;__ne
`ect_ve data: 1= February 1997_
DIVISION OF WA'I'=F Y
Fy
A. Preston H _ r. P.E.
Director
gencert.14
W QC T 3103
q4W
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
4 •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 5, 1998
Mecklenburg County
WQC 401 Project # 980064
APPROVAL of 401 Water Quality Certification
Mr. David Cushing
Portrait Homes
9305-L Monroe Road
Charlotte, NC 28270-1472
Dear Mr. Cushing:
You have our approval, in accordance with the attached conditions, to place fill material in 65 linear feet of waters
for the purpose of constructing a sewer crossing at University Heights development, as you described in your application
dated June 29, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3101. This Certification allows to use Nationwide Permit Number 12 when the Corps of Engineers
issues it. 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. Also 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. If you change your
project, you must notify us and you may be required to send us a new application for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. 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). For this approval to be valid, you must follow the conditions
listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. 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. 276 1 1-7447. 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 Dorney at 919-733-1786.
4
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
Robert Eggers, Site Design Studio
Sinc ely,
r tJr(!!)
980064.Itr
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% recycled/10% post consumer paper

SITE
DESIGN
S T U D I O
I...andscape Nrcrntecture
9$006
y 12?
Mr. John Dorney
NCDEHNR, Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 17626-0535
Re: University Heights for Portrait Homes
Mecklenburg County, North Carolina
DWQ Project no. 980064
Dear Mr. Dorney:
At- 108
June 29, 1998

On behalf of Portrait Homes, we request approval of revision to the 401 Water Quality
Certification for DWQ Project number 980064. This certification is along an unnamed
tributary to Back Creek, in northern Mecklenburg County, North Carolina.
The developer of the property, Portrait Homes, is proposing to fill in an additional 65 linear
feet of the jurisdictional tributary, as shown on the attached map, near the lower end of their
property.
Filling is required for connection to the existing public sanitary sewer system, operated by the
Charlotte Mecklenburg Utility Department (CMUD), in Back Creek Church Road to service
the development. Original plans were to cross the tributary with an aerial sewer that would not
disturb the tributary. CMUD has experienced failures with aerial sewer, and would not
approve the plans. Portrait Homes was then directed to connect to the existing sewer trunk line
along Back Creek. This would have had significant impact along several hundred feet of the
tributary below their property, as well as to suspected wetlands along Back Creek itself.
Portrait Homes was able to reach a compromise solution with CMUD, whereby the sewer
connection would cross perpendicular to the tributary and connect to the sewer line within
Back Creek Church Road. CMUD required, however, that the sewer be below grade and
demanded that fill be placed across the tributary to accomplish this. The proposed solution
meets CMUD's requirements and minimizes impact to the tributary.
4828 Carousel Drive Charlotte. North Carolina 28212
Phone [phone], Fax. [phone]

Mr. John Dorney
June 26, 1998
Attached are the appropriate number of copies of the "Pre-Construction Notification
Application" with accompanying maps. Please let me know if additional paperwork or
information is required to amend this previously approved project. Thank you for your
assistance on this matter.
Sincerely,
Site Design Studio
Robert L. Eggers, ASLA
enc.: as noted
xc: Steve Chapin, USACE
David Cushing, Portrait Homes
Tme178.doc
• Page 2

DXK =: 980064 =RPS SON =: 199830368
X;aIONW=E 2?.. T RE::V= _..D (PROVIDE NATIONW=E PST #) : 26
PRE-CONSTRUCTION NOTIFICATION APR,IM ON
(P
FnR NX=CNRIDE 12E.RMITS THAT RE?aU2RE:
i) HOTI.TZc:x=cN To = co"s or Y23 n=RS " RUC _ r
2) APF',.Iv=CN FOR 3SC CW 401 CZ.RTITICATIoN I
3) COOL TSWTION WITH T= NC DIP13ION OF COASTAL
SEND TIM GRI5.-4.NA:_ x1m (1) COP7 OF THIS COMPLET= FORM TO THE-MQRO I Z
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET N
(7) COPIES SHOULD BE SETT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGr"1E1ENT
(SEE AG'E'NCY ADDRESSES SHEET) . PLEASE PRINT.
1. OWNERS NAME
Portrait Homes
2. M.A L_TNG ?_DDRLSS . 9305-L Monroe Road
CITY: Charlotte STATE
SUBDIVISION NAME
NC
N/A
zIP CODE: 28270-1472
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): 55.92 ac site located on west side of Back
Creel: Church Rd.. South of NC 49, Charlotte, N.C.
3. TELEPHONE NUMBER (HOME):
(WORK). [phone]
4: II' APPLICABLZ.- AGZNT,S NAME OR RESPCNSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: _---
5. LOCATICN CF WORK: (PRCVI".E A MAP, PREFERA9,,, A CCPY CF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE)
COUNTY: Mecklenburg NEAREST TOWN OR CTTY: Charlotte
Portion or US CS Harrisburg Quadrangle attached
?ao:?Ic.1 u? C?? \P?bL.rci?-LWv?`l }?i'K?c?\ a?rp??1?L wic•? c?

SPECIFIC LOCATION (IlN=UDE ROAD
yt, ggts, LANM90-Ks. ?TC_) . West side OF Bask Creek Church Road,
just south of NC 49.
6. LMPACTED OR NEAREST STREAM/RI'TER: Back Creek/Rocky River
RIVER BASIN: Pee Dee
7a. IS PROJECT LCCATED NEAR WATER CLASS;FLED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS OR WS--:I)'. YES [ ] NO x ] :F YES, EXPLAIN:
7b. IS THE PRO ECT LOCATED WITHT-N A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF .WIRCNMZNTA?- CONCERN (AEC) ? YES [ ]' NO Y, ]
7c. IF THE PROJECT IS LOCATED WI-H7N A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL, COUNTIES), WE.AT IS THE LAND USE PLAN (LUP) DESIGNATTON?
8a. HAVE ANY SECT:rON 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES L ] NO ( IF YES, PROVIDE ACTION 1.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADD:TION;CL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): _ 199830368
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ES.TjMAATS2 TOTAL NU14-BER OF ACRES IN. TRACT OF LAND. 55.92
9b. DSTI:?ATED ??. NUMBER CF ACRES OF WE' :'A.N? ,S LOCATED ON ?RCJZCT SIT--.
x .99 AC

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: (-
EXCAVATION:
FLOODING: OTHER:
• DRAINAGE:
TOTAL. ASS TO BE IMPACTF..D : 0,oc 7 AL
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (yF
RELOCAT D, -PROVIDE DISTANCE BOTH BEFOR AND AFTER REL0C3TI0N)
LZ_NGTR BEFORE: _CT AFTER: FT
YiZDTLT BEFORE (based on normal nigh water contours) ?m
T47ID TH AFTER: FT
AVERAGE DEPTH BEFORE:
AFTER: FT
2STRE?_M C^?Ni?TFL
) 7-.-Zr-S W 7!L RESULT FROM:
(C:.ECS ALL TI-?aT
r2nTv
-+ )
OPEN CHANNEL RELOC T70N. PLrC=.`SENT OF PIP 7 IN C;?.NNEL:
C PNNEL EXCAVATION: CONSTRUCTION OF A. DTI-MIFLOODING:
OTHER: k'\lL,
11. IF CONSTRUCTION OF A POND IS PROPOSED, Tr .T IS THE SIZE OF T-.--77
SvATERSHED DRAINING TO THE POND? 0 //_
M HAT IS THE EXPECTED POND SURF_.CF,
12. DESCRIPTION OF PROPOSED WOaX INCLUDING DISCUSSION OF TYPE Or
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS : 8 1/2" X 11" DR-WINGS
ONLY) :

13. PURPOSE OF PROPOSED WORK: CtK-
J_ S?ilt.`{Z l???LL?II('),J

3
14. STATE RE.',SONS wriY IT IS BEL=EVED TH:IT THIS ACTIVITY MUST BE CARRIED
OUT IN WET I.LNDS. (INCLUDE ? TY MEASURES TAKEN TO MINIMIZE WETL?STD
ZMPACT S) .

,;fix -L Uy

15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(US c WS) AND/OR NATIONAL t?LZRINE FT qH-- RIES SE RV=CC (NM= S) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF %NY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDPNGZRED OR THREATENED SPECT7S OR CRI-7CA?T HABITAT
IN THE PERM_T A_R` = TKr' T %L(1Y 3E .___ECTED BY THE PROPOSED -PROJECT. DATE
CONTACTED: _ (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU PR REQUIRED TO CONT?_CT THE STATE 'r_IS_'ORIC PRESERVAT_ON OFFICER
(SFPO) (SE7- AGENCY ADDRESSES SHEET) R:.?:RDING T::... PRESENCE OF H7STORT_C
PROPERTIES IN THE PERMIT AR . WHICH MAY "BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:'
17. DODS T E PROJECT INVOLVE AN EXPENDITURE OF PUBLIC cuNDS OR THE USE OF
PUBLIC (STATE), LAND?
YES . [] No -j (I_ No, Go TO 18)
a. IF YES, DOES THE PRO.iECT REQUIRE PRE? ARATT_ON OF AN ENVIRONM-.NTA.,
DOCUI?-NTT PURSUrNT TO THE REQU7- ?MENTS OF THE NORTH C_ROLINr? rNVIRONI NTAL
POLICY ACT?
YES [ J NO [
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE. NORTH C IROLIITA
DEPARTKTINT OF ADMINISTRATION ST-n.-LE CLE.7.RINGHOUSE?
YES [ I NO [ I
IF ANSWER TO 17b IS YES, THEN SUBMIT A PPROPRI ATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE. TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH C:ROLINA ENVIRONMENTAS, POLICY ACT.
QUESTIONS REGARDING THE STATE CLZARINGHOUSF R J=Ei7 P°.OCE55 S'r'OCTLD 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
+i
'j.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL,
INTO WETLANDS:
a. WETT..AND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATSONWIDE PERMIT NUMBERS 14, 28, 22, 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 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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 Trig, PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS AND USE OF SURROUNDING PROPERTY? Residential
IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?

(;. S=GNED AN:) DATED AGENT 'kUl';GRlZATICN LETTER, IF APPLICABLE.
NOTE: WETLANDS CR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER TH:E ISSUANCE OR WAIVER OF A 4C'_ DIVISION OF
ENVIRONMENTAL MA2,1AGEMENT (WATER QUALITY) CERT = = ICATI ON , AND
3) (IN = IYWE27TY COASTAL COUNTIES ONZY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEM$NT
PROGRAM.
SIGNATURE DATE
(AGENT' S SIGNRT,7RE V.a D ONLY
I. AUTHOR;1ATI!-DN LE=TLR : R.CM
THE OWNER 75
/ ,.I,, ? ??? ??\\?.` ??/ ? C???I /r ? \ ?a ? I ``,,' \, 1l r6. ? ?•c?"- .--c't j - ? (i S` ? •7? i-' I/?i;
;r
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MEMORANDUM
TO: John Dorney Regional Contact: Samar Bou-Ghazale
Non-Discharge Branch WO Supervisor: Rex Gleason
Date: 7.121 198
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name University Heights for Portrait Homes County Mecklenburg
Project Number 98 0064 County2
Recvd From APP Region Mooresville
Received Date 7/1/98 Recvd By Region 7/16/98
Project Type constructing a road crossing
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 Stream P_@) N F- 11-35 3-4 WSIII 030 331 F- 65.00
Mitigation Wetland
MitigationType Type Acres Feet
Stream I - 165.00
1-1 1 F_
Is Mitigation required? O Y ON
Did you request more info? O Y ON
Is Wetland Rating Sheet Attached? O YO N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Comments: Recommendation: O Issue 0 Issue/Coed O Deny
This eject will impact 65 feet of stream that has been classified as havings*g .ant aquatic life.
This - --
Mr" David Gushing, General Manager with Portrait Homes Wormed the writer that the Comfy is
willing to mitigate hy contributing to the wetland restoration fund It is recommended that the permit
he awrove rovicfed that the Wetland Group obtains and approves the mitigation"
cc: Regional Office Page Number 1
Central Office
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
RECEIPT
June 2, 1998
David Cushing
Portrait Homes
9305-L Monroe Road
Charlotte, NC 28270
IT4 ?
D E- N__ R
Li
i
The Wetlands Restoration Program have received two checks in the amount of
$15,000.00 and $17,500.00, check number 033933 and 033934, as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification issued for
DWQ Project #980064. This receipt serves as notification that the compensatory
mitigation requirements for this project have been satisfied. Please note that you must
also comply with all other conditions of this certification and any other state, federal or
local government permits or authorization associated with this activity.
If you have any questions concerning this matter please contact Ron Ferrell at
919-733-7015 ext. 358.
Sincerely,
X)0 40
Ronald E. Ferrell
Program Manager
cc: John Domey
File
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
V
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
ILT?W'A
A 00% 00M
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 26, 1998
Mecklenburg County
DWQ Project # 980064
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
David Cushing
Portrait Homes
9305-L Monroe Road
Charlotte, NC 28270
Dear Mr. Cushincy:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 260 linear feet of waters for the purpose of constructing two road crossings for residential development
at University Heights in Mecklenburg County, as you described in your application dated March 24, 1998. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number
3103. Ms certification allows you to use Nationwide Permit Number 14 when the Corps of Engineers issues it. 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 for a new certification. If the property is sold, the new owner must be given a copy of this Certification
and approval letter and is thereby responsible for complying with all conditions. 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). For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed in all lots with remaining jurisdictional
wetlands and waters to restrict future wetland and/or water impact. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0500, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H
.0506(h), 260 feet of restoration will be required. Until the Wetland Restoration Program receives and clears your
check (made payable to: DEHNR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron
Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration
Program. You have one month from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of 260 feet of streams in 030831 river and subbasin and 260 feet of stream
restoration is required. Please be aware that the Wetland Restoration Program (WRP) rules require
rounding of acreage amounts to one-quarter acre increments (15A 2R.0503(b)).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. 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.
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
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 Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
Ron Ferrell; Wetland Restoration Program
Philip Hobbs; Site Solutions
Poest
on oward, Jr. P.E.
980064.1tr

NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H.0500, Portrait Homes has approval to impact streams described below for the purpose(s)
constructing two road crossings for residential development. All activities associated with these authorized impacts must be
conducted in accordance with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT FOR WETLAND RESTORATION
LOCATION:
COUNTY: Mecklenburg
BASIN/SUBBASIN: 030831
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Programs must be rounded to
one-quarter acre increments according to 15A 2R.0503(b)
acres of Class WL wetlands
acres of riparian wetlands
acres of non-riparian wetlands
acres of Class SWL wetlands
260 linear feet of stream channel
(other)
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Wetlands Restoration Fund per 15A NCAC 2R.0503. If you choose this option, please sign this form and mail it to the
Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature
Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
P.O. BOX 29535
RALEIGH, NC 27626-0535
[phone] ext. 358
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NU"ER 14_ ROAD
CROSSINGS)
This General Cer-ification is issued in conformity with the
requirements of Section 401, Public Laws 92-500 and 95-217 of the
United States and suh-Ject to the North Carolina Division of Water
- C
Quality Regulations in 151 NCAC 2H, Section .0500 and 15A NCAC 23
.02,0 for the diso-arae c _i1-1 material to waters and wetland
as described-in 33 C_:. 330 Appendix A (B) (14) of the Corps of
Engineers regulations (i.e., Nationwide Permit No. 14) The category of
activities shall include env =i11 activity for road crossing and is
limited to fill less t .--=n ene-t-ird of an acre. This Certification.
replaces water Quality Certification Number 2177 issued on November 5,
1987, Water Quality Certification Number 2666 issued on January 21,
--cation. Number 2732 issued on.May 1,
1992 and itiate_ Qua__ Ce___4 4
1992. This 'v.QC is resc_...._d when t:^.e Corps of Engineers reauthorize
Nationwide Ferroi- 14 cr •, deemecappro^riate by the Director oz the
-
D,;Y .
_::e State of =ro:_na certifies that the specified
cf, no: - v_cia:e ap^licable portions of Sects ns
-_V- 3- 3 o_ t;,_ _, -iicyLaws 92-500 and 95-217 if-
cc.?__te^ cond- -4--ns hereinafter set fcrzI-.
C Cnll?_t1C• ?-TJ- Ce_..--__?__v ..
_. :rccesed =___ cr s,-,bstantial modification of wetlands or
waters nd_r t is General Certification requires written
ccacurrence -rom the Division of Water Quality;
• W-:.. c_?tb_e fill is limited to the minimum needed for
t- crossing;
T e rca:.::a? width shall minimized as much as practicable
t a- n.o pra_zicable alternative exists;
a=
4. Fipes be -::stalled under the road in all streams so as
to carry a--lea-s- the 25 year storm event as outlined in the
most rece..- -ion of the "North Carolina Erosion and
Se imen--Ccn:-rcl Planning and Design Manual" or "North
Carolina SS-l_=ace Mining Manual" in order not to impede flo.:.
Pines s::a_be placed at or below the elevation of the
streamed s. as not to impede aquatic life movement;
5. That approt:_ate sediment and erosion control practices
which equal or exceed these outlined in the "North Carolina
Erosion and Sediment Control Planning and Design Manual" or
"North Carolina Surface Mining Manual" (available from the
Division of Lane Resources in the DEHNR. Regional and Central
Cffices; are 11-11=zed to prevent exceedances of the
appropriate turbidity water quality standard (50 NTUs in
streams and rivers not designated as trout waters by DWQ; 25
NTUs in all saltwater classes, and all lakes and reservoirs;
and 10 NTUs in trout waters);
6. All sediment and erosion, control measures placed in wetlands
or waters shall be removed and the natural grade restored
after the Division of Land Resources has released the
project;
7. Measures shall be taken to prevent live or fresh concrete
from coming into contact with waters of the state until the
concrete has hardened;
toc
May 7, 1998
John Dorney
NCDENR
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27626-0035
('r'if
MAY
2 1998
JPJ
...., E
CrInAl
Re: University Heights - DWQ Project #980064
Dear John:
I appreciate your prompt review of the wetlands submittal and apologize for not
having submitted sufficient data for you to make definitive conclusions. For your
review and consideration I have attached a number of documents to support our
request. They include a copy of the rezoning plan as approved by the Charlotte
Mecklenburg Planning Commission and a copy of the final site design indicating
the general layout of the property, the extent of wetlands, etc. The site design was
based on consideration of a number of site and regulatory constraints. With the
exception of environmental considerations, the most significant design constraint
is the rezoning document. As this is a conditional zoning, site layout is based
purely on the plan approved and must be followed to the letter. Please note that
this plan allows only one access to Backcreek Church Road and defines the
location of that access. Please also note that both the rezoning plan and the
proposed site plan indicate a second crossing of the stream in order to gain access
to the northeast quadrant of the site. In very realistic terms, the primary access to
the site, which is being constructed as a public road, must cross the wetlands in
order to gain access to the site. Without this access no homes can be constructed.
Without the second crossing of the stream, approximately 42 of the proposed
town-homes could not be constructed. Please note by the site layout that the
remainder of the stream and wetlands has been preserved, also preserving a
wooded buffer surrounding both the stream and the wetland areas.
We have reviewed our design options and considerable reduction of the total
linear footage of the stream impacted is not feasible. The loss of homes, the time
expended in receiving other necessary approvals, etc. would be prohibitive.
Based on this information, it would appear that our best option is to offer
mitigation through payment into the Wetlands B_a c. liven teat is si a is
unusa e w ou t e first stream crossingwhich was previously permitted, we
respectfully request that the mitigation be limited to the second stream ossing
only. We believe this to be fair and reasonable however; we will respect our
decision.
Please review this and contact me directly as to how we should proceed.
mitigation is acceptable, please notify me as to the extent required, the e
amount, who the check is payable to, mailing address, etc.
Letters: Univ. Heights-DWQ-Proj.#980064-05/07/98
S I T E
SOLUTIONS
Landscape Architecture
Park Planning
Civil Engineering
5311
Seventy-Seven
Center Drive
Suite 82
Charlotte, NC
28217
Phone
704.521.9880
Fax
704.521.8955
E-Mail
SitSolutns@ao . om
Page 2
University Heights - DWQ Project #980064
John, I appreciate your cooperation. I look forward to your response. If you have
any questions, please don't hesitate to call.
Sincerely,
SITE SOLUTIONS
??s?
Phillip E. Hobbs, RLA
PEH/mhh
cc: Todd St. John-Mooresville Regional Office of NCDENR
Steve Chapin-Asheville Field Office Corp of Engineers
David Cushing-Portrait Homes
Lows: Univ.I Ieights-DWQ-Proj.#980064-05/07/98

0XK =: 980064 CORPS ACTION ID:
199830368
NATIONWIDE PERIQT REQUEST= (PROVIDE NATIONWIDH PERMIT #) : 26
PRE-CONSTRUCTION NOTIFICATION APPLICAT=ON
FM NATIONWIDE PERMITS THAT REQUIRE:
? t91i
1) v0Ta'ICA=Cx TO TSZ CCRPs or 1240n=RS
2) APPLICATION !OR SZCTZON 401 ON ? ?u
3) COORDXNA=CN HITS TZZ NC DIVISICK CF COAISTAL
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO T A"PPRoPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONME'ITAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Portrait Homes
2. MAILING ADDRESS: 9305-L Monroe Road
SUBDIVISION NAME: N/A
CITY: Charlotte STATE: NC ZIP CODE: 28270-1472
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): 55.92 ac site located on west side of Back
Creel: Church Rd., South of NC 49, Charlotte, N.C.
3. TELEPHONE NUMBER (HOME): (WORK): [phone]
4_ IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Mecklenburg NEAREST TOWN OR CITY: Charlotte
Portion of US GS Harrisburg Quadrangle attached

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANmmaKS, ETC -): West side of Back Creek Church Roado
lust south of NC 49.
6. IMPACTED OR NEAREST STREAM/RIVER: Back Creek/Rocky River
RIVER BASIN:
Pee Dee
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-II)? YES [ ) NO X) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ) NO DC)
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) DESIGNATTON?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X) NO [ ) IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): 199830368
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ) NO EX ) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ,ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 55.92
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.99 AC
2

10a_ NDMBER of ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: ? . X 75 e? EXCAVATION :
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACAYS TO RK zNMaczm : 0. Z.715 A C.
lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION : ?o \
LENGTH BEFORE: 1220 FT AFTER: 1070 (this n _rmi tz
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RES17L7 FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : Wetland area impacted by this permit will b "mrnrk-god " i,Cin$
track mounted equipment and fill with structural soil for road
crossing. Channel will be diverted permanently using concrete
culverts, discharging back to existing wetland/stream.
13. PURPOSE OF PROPOSED WORK: Resdiential housing
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY !LUST BE GSRSIED
OUT IN WETLA=S. (Ili== Amy I4EASURES SARA To mnmcZ8 wz=Axu
IMPACTS): To the extent_ Rra tinat and feasible si lavn t is
being accomplished to minimize impacts to streams and wetlands.
the ^rajority of the site is isolated by the wetland/stream.
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: (ATTACH RESPONSES
FROM THESE AGENCIES.)
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:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO M (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT;REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMELJT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [ ]
b. IF YES, HAS 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 CARCLINA 27603-8003, TELEPHONE [phone].
4
I8. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
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 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
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 4C'_ DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERT:-ICATION, AND
3) ( IN THE TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
b4 '• DAJlb C o,t-?U c
tro2 • lpb(trRA « HomFs
SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (189.))
a? c.
DATE
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
7 1kF!?F'J
•
AMON
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 23, 1998
DWQ Project # 980064
Mecklenburg County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Portrait Homes
9305-L Monroe Road
Charlotte NC 28270-1472
Dear Sirs:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.275 acres of
wetlands and 260 feet of streams located at University Heights Townhomes at Back Creek Church Road near NC 49
in Mecklenburg County for townhome development. Based on this review, we have identified significant uses, which
would be removed or degraded by this project. These uses are aquatic life uses in the stream and uses of water
storage, streambank stabilization, pollutant removal, wildlife habitat and aquatic life in the wetland. Furthermore,
insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or
wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as
described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H
.0507(e) and will place this project on hold as incomplete until we receive this additional information. Until we
receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers
and/or the N.C. Division of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can
you construct your townhomes with no more impact than we approved on February 9,1998? Any documentation
such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our
review of your 401 Certification. Also this project will require compensatory mitigation for the stream impacts for
this outline project as described in 15A NCAC 2H .0506(h). Your mitigation proposal is insufficient because none
was proposed. Also it is inappropriate to use NW 14 approvals for building construction; NW 14 impacts are limited
to road crossings.
Please respond within two weeks of the date of this letter by sending a copy of this information to me and one
copy to Mr. Todd St. John, Mooresville Regional Office at 919 North Main Street Mooresville, NC 28115. If we do
not hear from you in two weeks, we will assume that you no longer want to pursue this project and we will consider
the project as withdrawn. I can be reached at 919-733-1786 if you have any questions.
Sincerel
Joh R. Dorney
Wa r Quality Certifica on ogram
cc: Mooresville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Dorney
Asheville Field Office Corps of Engineers
Phillip Hobbs, Site Solutions
980064.nty
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
it
e-MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor: 0;, Date: V &3&1
`
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name University Heights for Portrait Homes County Mecklenburg
Project Number 98 0064 County2
Recvd From APP Region Mooresville
Received Date 3/26/98
Project Type constructing a road crossing
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 Stream O Y O N F- -1-14-54-4 rZTF__030831 F- 150.00 I F_ 26 Stream O Y O N -X35'3-4_ 030831 F_ F 110.00
SOY 0N ??7--- 131,7-7??-Y1?D ??-
Mitigation Wetland
MitigationType Type Acres Feet

WETLANDS GROUP
QUALITY SECTIOPI
Is Mitigation required? ® Y N n LE
APR 5 i

Did you request more info?
Is Wetland Rating Sheet Attached?
Have Project Changes/Conditions Been Discussed With Applicant?
Recommendation:
Comments: _ - ?'
1
OY ON
(MY ON
OY ON
O issue O Issue/Cond O Deny
??1 C(???c?1w9 It 1y0 fr-Pe5d` L{,5i?u cX Nhl)f nr lmracl'S du? 4"1
cc: Regional Office f f f r / -?' ,f 4 1, 0551 ?k,
Central Office (-911.5?u?i"r597?I ? ) by ?'lal
.-?-.. ?' CtP/??x??> ?`??- , ?'It?lc F7 Cou?l% ?1Q, ?'Z2, /I; ?Yl?.??d; lQ?e /Y/c?v; rGl? Ike, 4,,,?Xo 11,1o
At WAI

Project name Uiy
County M e((4,6416
Name of evaluator
Wetland type (select one)*
E
Wetland wid 5-0-7,- eet
Date
? ?O tomland hardwood forest ? Pine savanna ? Bog forest
Headwater forest ? Freshwater marsh ? Bog/fen
? Swamp forest ? Estuarine fringe forest ? Seep
? Wet flat ? Ephemeral wetland ? Other
C3 Pocosin ? Carolina Bay
*The rating system cannot be applied to salt or brackish ma_*shes or stream channels r
I? weight
Water storage x 4.00
n` Wetland Score '
G Bank/Shoreline stabilization x 4.00
Pollutant removal ? x 5.00 ..,:,
Wildlife habitat
/ x 2.00 =
Aquatic life value x 4.00
/ Recreation/Education x 1.00
* Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius
Nearest road
We a?( d aI re/ a ? 6',)-7 acres

March 24, 1998 / v Vi I
Mr. John Dorney
Division of Environmental Management
NCDENR
4401 Reedy Creek Road
Raleigh, NC 27607
Re: University Heights Townhomes
Dear John:
Attached to this letter please find two separate pre-construction notification
applications for the above referenced project. Note that one of these pre-
construction notification's is for a revision to the recently permitted nationwide
permit no. 26, your I.D. No. 980064. This pre-construction notification was
completed prior to development of plans for the project site. Now that plans have
been developed sufficiently to determine all impacts to waters and wetlands, we
find that the original channel length and acreage applied for is insufficient to
develop and use the site in a reasonable manner. We have made significant effort
to respect the channel and associated wetlands, but find that some additional
encroachment is practically unavoidable. We are therefore submitting a revised
pre-construction notification for this nationwide 26 permit and ask that it be
reviewed as a revision to the recently approved application.
Additionally, please find a separate submittal for a second stream_cr as
indicated on the attached wetland encroachment plans. s pre-c tructio
notification application is being requested as a natio vide permmt %f 1 . Pl se
review this information and notify me as soon as po ible if furtheo tion is
required to complete your review.
I appreciate your assistance and cooperation.
Sincerely,
SITE SOLUTIONS
1??715:Ae
Phillip E. Hobbs, RLA
Enclosure
cc: Steve Chapin

S I T E
SOLUTIONS
Landscape Architecture
Park Planning
Civil Engineering
5311
Seventy-Seven
Center Drive
Suite 82
Charlotte, NC
28217
Phone
704.521.9880
Fax
704.521.8955
E-Mail
[e-mail]
Univ.Heights 1869-JohnDorneyO3/25/98
i
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT $): 14
PRE-CONSTRUCTION NOTIFICATION AP N`_--.__
: - E; , 11 h
FOR NATIONWIDE PERMITS THAT REQUIRE:Tr
c ?-
'MAR 2
1) NOTITICATION TO TEZ CORPS OF ZNGniLZRS 6 11'•. ,!
2) APPLICATION rOR SZCTION 401 CZRTIlICATION ^^?
3) COORDINATION wiTH TSz NC DIVISION OF COASTAL Idua=ml:NT
SEND THE ORIGINAL AND (1) COPY OF THIS COLLETED FORM TO THE APPROPRIATE
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: Portrait Homes
2. MAILING ADDRESS:
9305-L Monroe Road
SUBDIVISION NAME: NIA
CITY: Charlotte STATE: NC ZIP CODE: 28270-1472
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): 55.92 ac site located on west side of Back
Creel; Church Rd., South of NC 49, Charlotte, N.C.
3. TELEPHONE NUMBER (HOME):
(WORK) : [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Mecklenburg NEAREST TOWN OR CITY: Charlotte
Portion of US GS Harrisburg Quadrangle attached
1
i
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC_): West side of Back Creek Church Road,
iust south of NC 49.
6. IMPACTED OR NEAREST STREAM/RIVER: Back Creek/Rocky River
RIVER BASIN:
Pee Dee
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-II)? 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 DC]
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) DESIGNA'.T'TON?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): 199830368
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO DC] IF YES, DESCRIBE ANTICIPATED WORK:
9a. -ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 55.92
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.99 AC
2
.
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING : 0.01 2 114: EXCAVATION :
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BT XWACT=: A ol2
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF ',
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION : II
LENGTH BEFORE: 1220 FT AFTER: 1110 (this p mi $T
WIDTH BEFORE (based on normal high water contours): FTC
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CH.ANNE IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? a"
WHAT IS THE EXPECTED POND SURFACE AREA?
N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Wetland area impacted by this permit will b "mu_ked" „sing
track mounted equipment and fill with structural soil for road
crossing. Channel will be diverted permanently using concrete
culverts, discharging back to existing wetland/stream.
13. PURPOSE OF PROPOSED WORK: Resdiential housing
3

14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): To the extent practical and feasible site 1 a; oft i.s_
being accomplished to minimize impacts to streams and wetlands.
A portion of the site (approx. 8 ac in site) is isolated by
the wetland/stream.
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: (ATTACH RESPONSES
FROM THESE AGENCIES.)
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:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO [X (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECTREQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [ I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [I 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 MATERIAL
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 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
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 4C1 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERT:- ICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
___' ? 239
WN AGENT'S SIGNATURE DATE
1 = L =1 t? l l'? ?? tti N(, ?o ?1 TP-?1 rT *DM E: 5
(AGENT'S SIGNATURE VALID ONLY ice= FAt-o+?n?1E?`T
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (leg.))
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1 6Tk?wA •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 9, 1998
Mecklenburg County
DWQProject #980064
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. David Cushing; Portrait Homes
9305-L Monroe Road
Charlotte NC 28270
Dear Mr. Cushing:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill material in 0.14 acres of wetlands or waters for the purpose of constructing a road crossing
at University Heights for Portrait Homes on Back Creek Church Road Near NC 49 at, as you
described in your application dated January 26, 1998. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3103. This
certification allows you to use Nationwide Permit Number 14 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
ocre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) rnd (7).
For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
1. Deed notices, conservation easements or similar mechanisms shall be placed in all lots with
remaining jurisdictional wetlands and waters and all areas within 30 feet of all perennial stream
channels to restrict future wetland and/or water impact. These mechanisms shall be put in place
within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. 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.
ncer
r Howar , Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
Robert Eggers; Site Design Studio 980064.1tr
Division of Water Quality • Non-DischargeBranch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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SITE
DESIGN
STUD -!o
Land Planning
Landscape Architecture
January 26, 1998
Mr. Steve Lund
U.S. Army Corps of Engineers
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
Re: University Heights for Portrait Homes
Mecklenburg County, North Carolina

Dear Mr. Lund:
Attached is the "Pre-Construction Notification Application" for filling in a portion of existing
wetlands at the above referenced project. The project is located on Back Creek Church Road near NC
Highway 49 in Mecklenburg County. With the application are two copies of sheet 1, Wetlands
Impact Map, dated January 19, 1998. As required, seven copies of this application are being
forwarded to NCDEHNR.
Wetlands delineation for this property was determined by yourself, and accompanied by S&ME of
Charlotte, in the summer of 1996. The wetlands were then surveyed by Patterson Surveying, P.A.
The developer of the property, Portrait Homes, is proposing to fill in a small area of the delineated
wetlands, as shown on the attached map, for a proposed public street access into the property. The
street development would require filling in 0.14 acres of wetlands (120 feet of stream length).
My understanding is that the amount of proposed fill is below the threshold for required permitting,
and therefore this application serves as notice of intent to fill wetlands. Please call me if you have
any questions.
Sincerely,
Site Design Studio
Robe ASLA
enc.: as noted
xc: John Dorney, NCDEHNR - with seven copies of application
David Cushing, Portrait Homes
Tetta1154.doc
RECEIVED
J ! i 1 %31
Al . , 0;1=NCES
4828 Carousel Dnve Charlotte, North Carolina 28212
Phone: [phone] Fax: [phone]
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT n):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAI REQUIRE:
1) NOT=- =CATION TO -__M CORPS OF _-NGM _ZRS
2) APPLICATION FOR SECTION 401 =RT c ICATION
3) COORDINATION W'17S T "NC DIVISION OF COASTAL MANAGMNT
Sa. M TEE ORIGINAL AND (1) COPY OF THIS CONMLZT°..D FORM TO THE APPROP_R2=
FIr= 0FFICZ OF THE CORPS OF •ZNG=ZRS (S' =' AG'ZNCY ADDRESSES SE? ET) . SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MA.NA_GaffENT
(SEE AGENCY ADDRESSES SHEET) . PLEASE PRINT.
1. OWNERS NAME : F-OrAy-?1--A: S
- `?SY?rO eqd?
2. MAILING ADDRESS:
SUBDIV73ION NAME:
CITY: . STATE: 06, ZIP CODE: 2?52'7 O
PRO%7ECT LOCATION ADDRESS, INCLUDING SUBDIVIS70N NAME (IF DIFFERENT FROM
M2?.ILING ADDRESS ABOVE) Er"i- GG'.

3. TELEPHONE N"U"MBER (HOLE) :
(WORK) : 'loq-bqq-(
4.'' I_ A22LIC1BLE: AGENT'S NAME OR RESPONSIBLE. CORPORATE OFFICIAL, P.DDRESS,
PHONE NUMBER:

t--D
5. LOCATION OF WORK (PROVIDE A Y-AP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MA-0 OR AERIAL VHOTO RAPHY WITH SC.;..LE) :
COUNTY: r NEAREST TOWN OR CITY: C?\a
I
?SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) :

6. IMPACTED OR NEAREST STREAM/R--TVER: GY'?tL.
RIVER BASIN: r--6 Cr=±-i t;:\-%VeY--
7a. IS PROJECT LOCATED NEAR WATER CLASSIF=ED AS TROUT, TT-DAL SALTWATER
(SA) , HIGH QUA?1ITY WATERS (FQW) , OUTST_-NpING RESOURCE WATERS (ORW) , WATER
SUPPLY (WS-I OR WS-77)? YES [ ] NO IF YES, EXP?,.?=N:
7b. IS THE PRO,cCT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTA_,
MANAGEMENT ARE.? OF ENV=RONMENTA.L CONCERN (n C) ? YES ( ] NO
7c. IF THE PROJECT IS LOCATED WITHIN A'COA.STAT, COUNTY (SEE PAGE 7 FOR
LIST OF COASTAT, COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY AJDrTTO . r, :NFOPM. :TION (7NCT_,UDG PHOTOCOPY OF 401
CERTIFICATION)
8b. ARE ADDITIONAL, PE iT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIYATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: ?• G.Ne
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2
10a. NIIbBER OF ACRES OF. WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: ©•?`'? EXCAVATION:
FLOODING : OTHER:,
•1?
• DRASNAGE: TOTAL AG-2ES TO BE IMPACT--n: (o
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE: BOTH BEFORE AND AFTER RELOCATION) :
=GTR BEFORE: . FT AFTER: FT
Ym=TE BEFORE (based cn nc_-nal high water contours): FT
WIDTH AFTER: F'T'
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAK CHaNNEL =MDP.CTS WILL RESULT FROM: (CaEC{ ALL THAT A?PLY)
OPEN CHANNEL RELOCATION: PL'-CEMENT OF PIPE IN CHANNEL: _Y_
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: Fl1t
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF TEE
WATERSHED DRAINING TO THE POND?
WFAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: S 1/2" X 11" DRP_WTNGS
ONLY) :
13. PURPOSE OF PROPOSED WORK: w`?`?G- ?NuC_
1 .
3
!"ill
i•
STATE REASONS WHY IT 1S BELIEVED THAT T'-TS ACTIVITY MUST BE CARR-
14.
,ED
OUT IN WETLAN S. (INCLUDE AITY MEASU ?S TAKEN TO MINIMIZE WE ND
1_MPACTS) : ey??c?'?ti v?s? ? aCc.QJ?a•? ????

n
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NY-FS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY F EDERA.T.,LY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THRZ TENED S?ECIES OR CRITICAL 1-M3IT3T
IN THE PERMIT ARIA TH3T MAY BE AFFECTED BY THE PROPOSED PROj- . DATE
CONTACTED: k- 20 - Gl? (ATTACH RESPONSES -
FROM THESE AGENCIES.)
16. YOU PR: REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFTTC. R
(SFPO) (5:. AGENCY P.DDRESSES SHEET) RZG_'ID_NG THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFTCTED BY THE PROPOSED
PROJECT. DATE CONTACTED:— I-o - q 26 , •
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE). LAND?
YES, [] NO .0-(IF NO, GO TO 18)
a. I.. YES, DOES THE PROJECT REQUIRE bRZPA?RATTON OF AN ENVIR0NMENTA_T,
DOCUMENT PURSIIP?1T TO THE REQU=RZ_'_rNTS OF THE NORTH C3mROLIN? ENV=RONM_NTAL
POLICY ACT?
YES [ ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLE?LRINGHOUSE. TO DIVISION OF ENVIRONMENTAL MANAGam-ENT REGARDING
COMPLIANCE WITH THE NORTH C.a.ROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO M.S. 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 I:
PROPOSED ACTIVITY INVOLVES THE DISCY RGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MA.D SHOWING ALL WETLANDS, STREAKS, L.II
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 25,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERrLANENT) ON THE PROPERTY
MUST BE SHOWN ON THE M.A3. MAP SCA.LES SHOULD BE 1 INC;i EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AV: --l BLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY •PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACM4-ENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORY-WATER MANAGEMENT PLAN IF REQUIR D.
e. WHAT IS LAND USE, OF SURROUNDING PROPERTY7 f. IF A°PLI03LE, WHAT IS PROPOSED METHOD OF SEWAGE D7S?OSA_T
J k ,? G
CAIf
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, I= A.P2L_7CA3LE.
NOTE: WETLANDS OR WATERS OF THE U.S. va
-V-kY NOT BE IM ACTED 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) (ZN n=- Tlrr=TY COASTAL CODNTIrS ONZY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEIIENT STATING ThE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL YANAGLI,-f7NT
PROGRAM.
B'l • DA°i to Cveth,,.
?-?L , fA EF S
l 5 - l.s moo. pEi
OWNER S P_Gc 1 ATURE DATE s
(AGENT'S SIGNP_TURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
Louis M. Horriii h wife Anita DEVELOPMENT DATA
5001 Primax Properties, LLC I Morris Houston Road
:I Margaret Simpson RI e $ i - - 1115 East arsheod St. i P1 S.. r-port". SL ~lariotte NC 28226 - (JN~VER charlotte 14C 29204 Charlotte NC 28204 Louis Hart a wife Anita TOTAL SITE AREA: (GROSS) 63.39 ACRES
MV Ray Pau, JrBy I l 26 OIC Concord cordYel)J ~E rf T. R erh Helen R b Burris ( Enl~Qty) Mart Pete A CunIMS and r8e Elaln~ I Uf~~ Charlotte NC 28217 wife. y d gg W U yCI~ Cost, P d C 2r 2900 Wilkinson Boulevard 1 ~_h CharloU y1C_7A21b- N one Prct,w I in 1Post Office Box, J2064 Charlotte NC 28208 AIO Charlotte 28211 ~etanio 56 gppN - - ZB W~pWer Orlon Charlotte NC 28232 20 Turner NC Rd ~`¢9 5001 Harris Houston Rood TOTAL SITE AREA: NET) 56.56 ACRES (EXCLUDING EXIST. SI TY CITY Chan 1 ( ) RD 4C 28226 PARCEL I (NET) 13.81 ACRES BACK CREEK CHURCH
2,80 . Alan E_IRoland and Cad)Ih R. *M D I cara~rl R. yawtings - BLVD. N C-49 - PARCEL II NET 42.75 ACRES RAIL AND SOUTHERN
xto NC R E Rdand and Wife, Linda F, I l - 420 T mer Rd Gas lo NC 28056 ROAD R/W)
ZONING:- B -1- - --T-~~--- EXISTING ZONING: R-3
119.58' rA rY Yen PROPOSED ZONING: R-iii R-8MF(CD)
1-- 7} 59 ~a" '47 5) E N14 ~yYY - I PARCELM # UNITS PROPOSED: 457
_t )4 3p~ ""We_.._ PARCEL U 342
(Department of Trans; nation Al ilexeN 28001 DEVELOPMENT STANDARDS
PO oxrt6 0
_ Q 6 „F few, ti_ Permitted Uses
Permissible Usee.
Parcel t
5 i~ASS 'C' BUFFER 69*09'04;'E (990 SEE OE1ElOP 11T STANDARD B(3)) 20,28' _ 1 \ I Up to 45 detached single furnily homes may too constructed on Parcel I, together with any incidental or
Ix I '1, 7 accwwry uses awuciuled therewith which ore permitted under the Mecklenburg County Zoning OrdMma
_ (the ~Qal co") In u R-4 Zoning District.
C1IVE TO SERVE Parcel I
AS TEMPUFARY SALES AND CUN STRUC'10N ACCESS Up to 342 attached detached dwelling units may be constructed on Parcel II, together with any
~t Incidental a accessory uses aveoclated therewith which are permitted under the Ordinance by right or under ' - PO~SItJ t EARTH BERM proscribed conditional 4o R-BMF Zoning District.
POSSIBLE RTH BERM - HUILL)Lk TO PROADE R/W (HAlC-cG AREA) i-- EXISTING E•J' R/W
(HATCHED REA} FOR PUBLIC STREET, i, i - 8. Development Requirements
1. General Provisions
DEDICATION OF R/W- (60' RESiDENTI~ COLLECTOR STREET FOR CIRCUMFERENCIAL~ WITH 5' SIDEWALK ON ONE SIDE Of FOR SETBAQK j THE STREET AND 8' PLANTING STRIP) / PROPOSEL. FUTURE R/w, (a) At a minimum. oil applicouie development standards established under the Ordinance for the R-4
40' SETBACK LANDSCAPE District will be sotlalled in connection with development taking place on Parcel I. -
TO BE LIMITED TO - THIS LOCATION ~ f+~ p AREA OFF OF PROPOSED (b) At o minimum. oil applicable development standards established under the Ordinance for the R-914F
11 1 ARE (30' FAIN. TO REMAIN District will be satisfied in cannedtion with development taking place on Parcel II R/W
100' R/W--~~ " (c) In addition, deveopment of the Site shall be governed by these Development Standards and the f t{) U ' NORTH OF Technical Data Sheet
FUTURE EAST POSSIBLE EARTH BERM RQP VEHICULA~ PARCEL A A t ) PARCEL j (d) The building can fyurotions, placements and sizes as well ale the locations of detached single-family
CIRCUMFERENTIAL HOROU THOROUGHFARE (HATC~IELZAREl~ " E~~ TYP' lots, streets and parking areas shown on the Schematic Site Plan (Sheet RZ--2), are schematic in nature
MAJOR THOROUGHFARE XWA LOCATION) and may De altered or modified during design devslopnenl and construction document phoses within the maximum building limit fin" established an the Tedtnnkd Dato Sheet.
-APPROX. LOCATION I _
U - SUBJECT TO CHANGE) INSTALL R,GHT-TURN LANE (e) Landscaped areas and sidewalks within the Site will be planted and installed In sequences which are y keyed to development taking place on the Site
Merryhue Farms inc. PER THE TRAFFIC IMPACT ti '1- r [ SetDOCke :Foe 7ur ds and Real Ya(ds.
10420 ad concord Rood EXISTING LOW SHRUB HEDGE - \ -51) SEIHACr, OR>;. T. Charlotte NC 28213 ANALYSIS FOR UNIVERSIT'
- 40' REAR YARD ~ ti \ 't EIGHTS, it- PARED BY (a) Alf ouildlngs canstru.:teo wlrnn parcel snail satisf, r• e.cee.I '^e setback, rear yord and Noe yard -eq.. r•cnenb estorliened ..ndr the t}Nnerce fir the R- 4 Z,xvng District
KUBILINS TRAFFIC U' OF ADD'r, 1 -O R~Vy CONSULTIPih INC. (b) All buildings OxeVUCted within Parcel it shall satisfy or moiled ire setback rear yard and side )vd
ROP \ TO BE PRO\'DED 0 WEST requirements established unar the ordinance for the R-81l Zoning District.
STUB T \ \ SIDE OF BA.K CREEK -N26'17 A 40 fart building setback will be established along Bock Crest Church Road and a 50 foot 45 11 W
v the CHURCH ROA TO PR VIDE ouildinv setback established along the future East Circumferential thorouehfare. Setbacks olan
00 _ PROPERTY v \ 7Q TOTAL ~,:W 19.08 proposed collector sVwt will be provided as erlown on the Plan. 3. Buffer Areas.
\ \ N, DEVELOPMENT STANDARDS (CONT.) l
ielande will satisfy the provisions of Section 12.20e of the Ordinance. \ _ - \ \ `l\ _ (a) Buffer areas estaollshea on the lexchricd •JUto Sheet shall conform, to the standards of Section 1 12.302 of the Ordinance: subject, however. to the provisions of Section 12.304 and to the provisions of
(b' M por.mq will be screened from pudic aVNls in accordance with the requirements \ - poSFo -6 1.41' Paragraphs (b), (c) amd (d) of this Section_
of Section 12.303 of the ordinance. _ - - LIMIT Of 1 L-25.93' ~iofAL CURvE) - (b) Berms and grading may be installed or performed - and the width of the buffer may be reduced - AR~A =239.85r `10 ZONING LINE) in flares portions of the buffer arso which separate Parcel I from Parcel II to the extent allowed by the
(c) Pacts 2 will M subject to the Plawec Multi-Fanly requirement* of Section 9.303(14) ROPOSM SEE' Nq TE Ordinance Ail other buffer areas ore to remain undisturbed, except to the extent necessary to
of the Ordinance DEVELOPMENT Abp ZONING IB (13) accommodate a case points, berme (but only within the areas depicted on the Technical Data Start), V walls, fences, drainage pipes or channels, utility ling and facilities, pedestrian pathways and bkyale
,2 Slam Ualnoga \ vC/fl BWNDARY 1 pathwo)e.
POSSIBLE EARTH BERM v l' (a) Storm roper runoff horn the Site will be Managed through crown techniques which satisfy the (c) Utility instr,e may only cross tar tfr areas at interior angles measured at property lines which
standards Imposed by bH Mecklenburg ('.aunty Engineering pparunanl ~ (HATCHED AREA) S 1. are not ot less than han y5 degrees
(b) No storm water torLities may be plocec within buffer will ant bock areus f k (tl) Will Petitioner rwrvw the right to instill berms within thaw portions of the buffer Drew whW1
13 Special Open Spuce Area. The aeu trwthg an Back GM Church Road depicted w the Technical 1 ^!'--R=661.41 are specifically depicted on the Technical Data Shost buffer widths may not be reduced through l1N use
Dave Sheet as Area A r41 be left In its natural condition and not dYtuboa except to the extent necessary to accommodate `~,7(}((~~Jjpice) Ve ~orl a' •,nn, undrbraer, small trees (2 Inches in caliper or low) a shrubs fa purpoan of V -4, - r- - L=36.08' TO ZONIN G LINE' of walls, fences or berms except w otherwise provided under Paragraph 3(D) above 7 ~-r - 5 T (e) it, all buffer areas rhea existing tress and natural vegetation have been Usared to occommoaote
*1 berms, walls, fences, or the installation of utility construction, the cleared, unimproved areas WE be
mpraM9 the overak appearance of thts naturally vegetated woo, landscaped as required by Section 12.302 of the Ordinance TLrel.~ a U
(b) Nil proposed vehicular oceew ooint sham an Sweet RZ-1; 44 4 andecapad Arena ,d Sur Mn:r y + 3
(c) wohage pees a Mannwe..uny Inw aU foditee :raeeng a not ,ese train 15 aegroo myes, If (5) EA Suaeon9 endI c,.nfrrrn with ir,e sir ~ aras a „ eotmenta specified in Sacr,on 12.303 of the Ordinance. un CREEk PR[58Y1FRiAN - CHI.RCH ASSOC. REFORMED, INC
5. Trash Collection t82 SACK CREEK diURGf ROAD
(d) storm water detant'nn docbties mWde the wt bock Ones: 20' 'COMMON AREA/ - pROPp p ATTN CHARLOTTE REV CHARLOTTE NC 29 WAY2103
(e) project Identification signs, 4y. ) r 20''COMWO . preeenUy contemplates Not trash will bill, collected from eocr. r,dividual cent! A J FRAZIER (a) The Petitioner LANDSCAPED AREA Iron, separate bast contains located at earl unit
PARCEL IL LANDSCAPE 0 pedestrian pathways and bicycle patnNy. and EXISTING TkEEUNE STREET STREET R/ ADJACENT PROPOSED VEHICULAR STREET R/Wr, ACCESS (b) if there form of collection is uUlarod, pick up sill be handed by a prlyate homer unless and until
(q) the special open poor area wYl be oened and maintained by a homeownen" aeeocal(on. ' pp
R-8MF(CD) PROPOSED M NIE 4 govrnmento pan.y woad provide for the public pick up of troll -PROPOSED FROM rt1AHD FROM .;,Y.IMON AkEA \ (c, it ou mpatre lire provides. they .N be screened with a said wooden or masonry enclosure with pole
C buseh and Drwwap PUBLIC $TRL PUBLIC STREET N58.24'47"W
1 Entrance Impownr,e Raotlray improvements of the proposed public street two" into the Site tram Back Crook Church Rood will be mods in occordwre with the reauYsmats of the Mecklenburg l 67.43 b. Access Parts +eh.cular access tc the Sate will be limited to the access polr,te shown oil the Technical Data Sheet and .01 be iocotsd v the general areas depicted The _onfigurat,ons and atsnote
County Engineering Department and the Nate Caralkha Department of transportation and will include the !9 ACCESS POINT PREVIUTAi r SHOWNnstollallan of a right turn two loading into the Site, as reoanmended In The Kubplns Traffic consulting Q 1 iff THIS IGCA iION MAS BLLN UELEIED r ~i oceommodate final saw and orernecturd construction plans and designs ar, ore further euopct to „err __C 48 24 51 t approval by the YocKax urq County En9inwnq DepaVnent and the Nortr Corr„-r,a Department of
Traffic Study. tK T(i ALLOW FOR THE N HA PARCEL i \ locations of these occew pants rlli the Site are subject to any mina modif:ccli required to
'PSEREt, ESERVA AREA, L~A, 1 1 2. Dedication of Right-- 0-Way, OF A 25' WIDE The Pettlianr wmsnlb to dedicate 1 ti THE AREA CROSSHATCHED SHOWS - R-4(CD) s~ 73.21' Transportation
_ 1 I I / L,gning
(o) such additional right-af-way donq the traltogs of the Site fa Back Gook Church Road as may be I \ c THE APPROXIMATE LOCATION OF necessary to provide a 70 foot wide right-of-way for this thoroughfare to be taken entirely fran the \ c THE UNDISNRBED AREA). THIS AREA (n John 8. Strout (c) A „nitorm {try system wi!i ba enwloyW tnrougnout the Stile Ail 'pht,ng wdnrn vie Site excwt
Site, the intent being to avoid having to take any of such addilbnci right-of-soy from the church I \ WILL RE 25' WIDE MINIMUM, AND property across the street.',. WILL BEGIN A MAXIMUM Or IO' 6050 Tom Query Ro street i~ghts wr,cr -ay b, reclea,' along Bon Create Church Rood Or Nil g any other pucoc street NUO be designed such trot dil 6 _mk,dtwoo doss not extend post exterior pror,erty trines, of the Site. C..-
WEST OF 7HE PROPOSED PUBLIC - NOTE.: WHEkE VEti c%ISTING YE L^E T4 TiGN HAS Charlotte f$ 282'} COml+dralK+r wee ce gl're° rue rnpoct of fighting both within and rtncs,f the oerenetr of the Sta BEEN CLE-RE(; W TRtS 20' CGMAION ller^.s for cor,e,deratm tell' r,c:ude sntensrty, soli an". cols, ei e"rc,e^.<y and enieldling of
(b) a 100 loot wide right-of-woy for that portion of the proposed thoroughfare which rune through the I ~iT STREET RIGHT OF WAY LINE. THE z" ~1 northwest comer of the Site, in the location pedfloWly depicted on Sheet RZ-1. UNDISTURBED AREA LL TAKE AREA. TgL fOl,0Al1NG P1LANT1NCt 1i BE \ sources of '.grt tro vntenl being to Nrnnate gore towarw od)ocent sheets oral praparlHl
PRECEDENCE OVER THE 30' SETBACK Such additional right-of-way shall be dedicated pow to the issuance of any certificate of owupwcy hoc 'i IF IT EXTENDS WEST OF THE SETBACK \(~yU INSTALLa-i 2 _ARGE MATURINI: SRADE \ Lgra,ry fixt;rn we ^.ot ..:ccd `0 lest r negint. except for sweet •rg•ts arr., ;,udre etreeL-
development taking place or, the Silo \ - ,1 Y TREES/ 1,3 tINFAR FEET. 2' MIN. itylt CA,L,REk tl -~LLARS OR OTHER ARGE AREA A 1l a Porknq
o Phaahg and Bona Reguinement' 50' UND TURBED CLASS 'C' BUFFER i r M/,Tip21Nt "r aERGRE EN TREESly 100 IINF PR +w tJ 3: 're obrxs, le, d ,ctec the Scherraii Site P,orr, ma .ar a r -ra is .err be sufflaatnt
1. Phan 1. I I (ALSO SEE DEVELOPMENT STANDARD 8(3)) `s• i t FFFT F N t+icGHT 20 L-ERGRFEn SEE NO'- c (1~} sT• w O I 1 "I, rd + rof1i o viand standards established ur ]er he ruudinq Sections DR UJCII..J S FLONE SNRl)BLS R1A( i( 100 BCuNUAkY ;2 2"I) ma 'z 3r)3(2) of f Ink v.. 'bor,a,c._
f13 LINEAR ! ?4' MIN H 24• NTER, ;NL
Up to 273 swelling units may be Occupied on the Site upon the Installation by the developer of a right ) l\a' tum lone along Back Crew Church Rood Into the entrance sVwl, the design and construction of which H/ I't MIN. SPR: AC E~CREEK, A \ 1 f1 c) No wn~q user tv prmlttw ritnn Dori arena or astboek areas
must be in conformance with standards established by to pull authority then having jurisdiction over the construction of this Improvement. 9 Signs A „ndorm s,gnoge and yaphres system rM be employed througr~out t^< S,te srthett will comply
S0 CLASS 'C BUFFER 2. Phase 2 (SEE DE11F1OPNEHt STAFDARD B(3)- ~ war the provisions cf Section 13 of the Ordinance,
.p 10 Fire Protection Adegaate fire protection W the farm of fve hydrants waH Le p'oyided to the Ill OQ L~ Meckidki County Fire Moral spe::rflcatgns.
(a) No additional dwelling units may be occupied on the Site during the three yea period which next I ( \ MAY BE REDUCED PER 0(3Xb). ~P follon the date on which this Rezoning Petition to approved (the approval date') unless and w4 the I ( 4j (1~~ -
roadway improvements described under Paragraph (a) below have been completed. \ G 1 Design Standards
(b) If the Improvements deta0ed under PaWoph (c) below are not completed during the three year \ \ (a) Landscaped isloros will be pro»ded r parking areas to ovoid large expanses of po.ement. These
period which next follows the approval dote, then no additional dwelling units may be occupied an the V A ~t. A \ I
Site union and until Petitioner poste o bad equal In amount to the lesser of W,000 or t00t~ of the I \ POSSIB( E L.ARTH BERM cal of the Improvements described under Paragraph (c) below, Such bond will automatically expire and
no longer be enforceable upon the epkatln of the 7 year period which nut wagon to approved dote. ~(hbATCHED AREA}
(c) The Petitioner ogress to fund the wet of construct" o northbound eft turn lone an Bak Creek D
Church Road at NC 49 which would lengthen the storage Ian the existing 40 fed to the needed 240 hri ` I \ R,grs - I N Net Identified by the Traffic Impact Study performed by Kublins Traffic Cweultinq in w amount would to
the Waxer of W,000 or 100X of the cast of the nprommerita e(iD _ u \ y)1'~~ N PfZOPQSE© ZONING rt 'N A Y BOUNDAH r aJORCE BOUNDARY SURVEY BY _ ~O BONING Tlr NING B r PATTERSON SURVEYING, P A. GA ED AUG 20,
E. Amendments to Mzannq Plain GF(GM S6600,08 y 1996 VArt, ADDED TRACT OF 1.70 ACRES
v - p BOUNDARY i~ Future atherpdraante to the Aeiwing Plan and Nees Development Standard may be applied toes by the 'then owner or owners of the pareal or pancen Indeed In accordance with Chapter 6 of the Ordlmonca r r/. t TOTAL 1404.60. CL' 29.06 DATED 6- b-97 I ~
Q'I F. Binding Effect of the Rezoning Application it NC H'Mi e9 SITE 1 ~56~D QB W !I
0-
may - - 1. If the Petitioner's Rezoning Petition Is approved, the development program established under these
Development Standards, the Technical Data Sheet and Other supportive documents whom, uden amended < 44 A W H Lang, wife, 'FOR PUBLIC HEARING' G , Uo 200 400
In the manner provided under the Ordnance, be binding upw and Inure to the benefit of the Petitioner m W H Long, do wll and subsequent owners of the Site, and their repecthw leeks. drdee s. personal repro icoeA Psggy Ann Harris
successors In interest and assigns. 50' UNDISTURBED CLASS rC' BU P yy Ann HarTi VICINITY MAP (ALSO SEE DEAlaP ENT STANDARDS 62117 King Geort 6227 ttKing e George Ur Charlotte NC 28213 PETITION N 0. 97-40(C) ® ~III~I][[11~1
2. Throughout this Rezoning Petition, Me terms, 'Petitioner; and 'warn,' shall be deemed to Include Charlotte NC 28. the heirs, dwvisew personal reprwentotMe, successors; In Interest and assigns of the PetlUwr and the Ollie Brice Ca:nror. (By En Urety)
current and subsequent owners of the Sit* who. from time to tine, may be Involved in any fuWe 10500 Mallard Creek Rood Charlotte NC 28262
development of the Silo,
err p !4 h0. GU'.8 L1y
TM i 1 8/15/97 AP REVISIONS PER CMPC COMMENTS DPR ASSOCIATES, INC. CIAM& IMC. TECHNICAL DATA SHEET =
7, 2 10/8/97 AP REVISE DEVELOPMENT DATA AND STANDARDS CHANCE PORTION TO R-4(CD) Landscape Architects Architects
_ 3 {10/21/911 -AP REVISE DEDEL-----T.DATA, PARCEL 1 AND 11 BOUNDARY, -SNOW -----LAR ~1F Planners & Engineers
Engineers p _ UNIVERSITY HEIGHTS REZONING
I AP REVISE DEVELOPMENT STANDARDS A. PARCEL Ii, AND 8 1 (cC01AMON DESIGN. Pt ANNING•REJEARCI+ ` 4 '11/6/97 t z~ .
• ,:;e ! II AREA PLANTING NOTE AT INTERIOR PUBUC STREET.
6/20/97 5 3/27/98 -AP ! REVISE ACCESS POINTS AND ADD UNDISTURBED AREA At - PORTRAIT HOMES RZ-~
e.;t r 1 BEARING N 35 07-53 W 4 4 CHARLOTTE, NORTH CAR(it NA
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STk 'TS AND PAjwNG ARW SHOWN ON Mr SCREMA7IC SITE ~ SCALE:
PLAN (SHEET K2-2). ARS SCMEMATIC IN NATURfi AND MAY BS ~ 1100'
ALTbkLD OR MODIFIED DURING DJWGN DRYSLOPMRNr AND
'O, . IXU 'PION DOCUMINT PIFASSS w rMN THR ILIXIMUU BUILDING LIMIT DIVES &'STA&JSKKV ON THE rSCRVICAL DIrA SM"T. ~ r
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