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HomeMy WebLinkAbout19870092 Ver 1_COMPLETE FILE_19870813SLATE o . State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secretary Director August 13, 1987 Colonel Paul W. Woodbury Corps of Engineers Wilmington District P. 0. Box 1890 Wilmington, NC 28402 Dear Colonel Woodbury: In keeping with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineers Public Notice .... 0428 dated July 2, 1987 which describes a project proposed by Equity Properties Group of Sarasota, Florida. The project, involving wetland fill to facilitate shopping center development, is located on McMullen Creek at the N. C. Highway 51 crossing in Pineville. Based on a coordinated agency review, the state interposes no objection to the proposal provided the following conditions as recommended by the Wildlife Resources Commission are included in any permit issued: (1) At least 0.34 acres, of wetlands will be created, planted with indigenous wetland species, and set aside such that they will be assured a continuing supply of water to perpetuate wetland characteristics;. (2) Stream channel modifications will not occur; (3) Banks adjacent to the project will be sloped, stabilized with riprap where necessary, and planted with appropriate trees to provide shade for the stream; (4) Stringent erosion and runoff control methods will be implemented to prevent further stream deterioration in the project area. For your information, the Division of Environmental Management issued Water Quality Certification No. 2131 for this project on August 11, 1987. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 A- e.- i- , F.,,.,I.,..Pr Colonel Paul W. Woodbury Page 2 August 13, 1987 Should you require additional input from the state on this matter, do not hesitate to contact this agency or the agencies listed. Very sincerely, R. Parker, Jr. Inla d 1404 Coordinator JRP:jr/aw cc: Wildlife Resources Commission Raleigh Division of Environmental Management Raleigh ;; el } ?. srU?.- Ao ate of North Carolina St Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary August 11, 1987 Director Mr. Robert Ufland, Project Manager Equity Properties Group, Inc. .3126 Milton Rd., Suite 229 Charlotte, NC 28215 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Shopping Center Eq ity.Properties Group, Inc. McMullen Creek Market Mecklenburg County Dear Mr. Ufland: Attached hereto are two (2) copies of Certification No. 2131 issued to Equity Properties Group, Inc. dated August 11, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, C;iginal Signed By William C. Mills For R. Paul Wilms cc: Wilmington District Corps of Engineers ?? resville Regional Office Imo' • William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 r NORTH CAROLINA Mecklenburg County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Equity Properties Group, Inc. pursuant to an application filed on the 1st day of July, 1987 to prepare a site for development of shopping center (McMullen Creek Market) . The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of McMullen Creek in conjunction with the proposed shopping center in Mecklenburg County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. That appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 11th day of August, 1987. DIVISION OF ENVIRONMENTAL MANAGEMENT Original Signed $y William C. Mills For R. Paul Wilms, Director WQC# 2131 ,,)y" A.a STATE u l}a?N rwe un .Q O?w v?r State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary August 11, 1987 Director Mr. Robert Ufland, Project Manager Equity Properties Group, Inc. 3126 Milton Rd., Suite 229 Charlotte, NC 28215 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Shopping Center Equity Properties Group, Inc. McMullen Creek Market Mecklenburg County Dear Mr. Ufland: Attached hereto are two (2) copies of certification No. 2131 issued to Equity Properties Group, Inc. dated August 11, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By William C. Mills For R. Paul Wilms cc: Wilmington District Corps of Engineers resville Regional Office William Mills Mr. David Owens Pollution Prevention Pays P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 h n?w h E NORTH CAROLINA Mecklenburg County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Equity Properties Group, Inc. pursuant to an application filed on the 1st day of July, 1987 to prepare a site for development of shopping center (McMullen Creek Market). The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of McMullen Creek in conjunction with the proposed shopping center in Mecklenburg County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant) 2. That appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 11th day of August, 1987. DIVISION OF ENVIRONMENTAL MANAGEMENT Original Signed By William C. Mills FOr R. Paul Wilms, Director WQC# 2131 DIVISION OF ENVIRONMENTA?I tG IN; C July 14, 1987 VV G J U L 15 1987 MEMORANDUM TO: Bill Mills WATER QUALITY SECTION FROM: D. Rex Gleason OPERATIONS BRANCH SUBJECT: 401 Certification Placement of Fill Material in Wetlands Adjacent to McMullen Creek McMullen Creek Market (Pineville) Mecklenburg County, NC This Office has reviewed the subject proposal for the placement of 140 cubic yards of fill material below the ordinary high water elevation in a 120 foot-long by 62 foot-wide wetland area. The purpose of the filling is to provide high ground for the location of a commercial shopping center (McMullen Creek Market). Based on our review, we anticipate no adverse effect on water quality except during the filling operation when turbidity would be expected to increase. Fish and wildlife habitats in the immediate area of construction will probably be disturbed; however, this should be relatively insignificant. We, therefore, have no major objection to the proposal. If you have questions, please advise. DRG:se r { ?J„usrA1E,?„` WAM State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor duly 7, 1987 Mr. R. Paul Wilms, Director Water Quality Section Division of Environmental Management Raleigh, North Carolina 27611 Dear Mr. Wilms: S. Thomas Rhodes, Secretary The attached U. S. Army Corps of Engineers Public Notice No. 0428 dated 7/2/87 describing a project proposed by Equity Proper es Group, Inc. is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 7/30/87 Very sincerely, John R. Parker, Jr. 404 Coordinator REPLY This office objects to the project as proposed. Comments on this project are attached. This office supports the project proposal. No comment. Signed Date Agency JRP : j r. / aw P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 An Equal Opportunity / Affirmative Action Employer ?7 J" J Y DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC087-N-060-0428 July 2, 1987 PUBLIC NOTICE EQUITY PROPERTIES GROUP, INCORPORATED/CNC CENTERS, 1950 Landings Boulevard, Suite 307, Sarasota, Florida 33581, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN WETLANDS ADJACENT TO MCMULLEN CREEK ASSOCIATED WITH CONSTRUCTION OF MCMULLEN CREEK MARKET, PINEVILLE, Mecklenburg County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed placement of approximately 140 cubic yards of fill material below the elevation of ordinary high water in a 120-foot-long, 62-foot-wide wetland area. Within the area are cottonwood, ash, button bush, willow and spike-rush. The adjacent highground is developed and surface storm runoff accumulates within the area to be filled. To mitigate the loss of the wetlands, the applicant proposes to set aside and vegetate a 0.34 acre wetland area adjacent to McMullen Creek. The purpose of the work is to provide and arrange high ground for construction of a commercial shopping area. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the' National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible -2- for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army permit serves as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North i -3- Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after August 11, 1987. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before August 5, 1987, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m., August 3, 1987, or telephone (919) 343-4725. ?? .' ?. ? ? U H C r= °-' N r9? .ice W ? . ? ? ? ? '° " '' ?U? 'Q.. ?- Q F- 0 Z a? U ? ® ? Se-F? l ? o,?' (o \ `5 of '000 ,OOOr 1•? - ?i'" 100, ?xl ll1 i 1 MCMUllen \ Creek y, - Market pineville, nc equity properties group. inq- 1 l 0 t t t i1 SCALe V 60' 16 JLM Ab7 -WETLANDS AREA EXISTING GRADES SKI 2 Oc to r Bn nc ;rties group, inc i YNETLANDS-- AREA PROPOSED.. GRADES SCALE 1' - 6A' 16 - W CL a v- 19 Q w 3 cr a a z ° Q ? w W ? o cr V. v f i ? ? ? ` ? • 1, 1 4 I .'1 L ? L . / 1 ??' 1 ?. °Vo of i ), 1 ? ??• ? /ply i• t.?P a/44,?,': °l •, •• i v qy U L CCS •? ?. j. Jam. •?°•' •??U? •I.L. C!. 1 • e jE i•tj ? ? stG •I .? ??? eJ 1.. O .of? I 11 :,,-Z J 1 / / i 1 Ni ? • '? ?II ?I ? 1 • \3' , 1 -17 cc: V s.s S'fft?? S' oa• 4 j C, 'F ?, w M yli• r i ? r I t 1-1- 1 ? i I 1 t 1 I I 1 P ? - I I I I L ? O !cj ? t i 1 - r I r T tl I I ? i - I H . 1 9 U- 1 1 - 1 1 I I ? I ; N I T U T I i 0 ' ` W '(D -n`'I W Y W a O ? > (3) a 2. 43- W Z ZO 00 LLJ L? f ?U J SAWC087-N-060-0428 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 ` Wilmington, North Carolina 28402-1890 RECEIVED July 2, 1987 AIL 06 1987 PUBLIC NOTICE WATER QUALITY SECTION OPERATIONS BRANCH EQUITY PROPERTIES GROUP, INCORPORATED/CNC CENTERS, 1950 Landings Boulevard, Suite 307, Sarasota, Florida 33581, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN WETLANDS ADJACENT TO MCMULLEN CREEK ASSOCIATED WITH CONSTRUCTION OF MCMULLEN CREEK MARKET, PINEVILLE, Mecklenburg County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed placement of approximately 140 cubic yards of fill material below the elevation of ordinary high water in a 120-foot-long, 62-foot-wide wetland area. Within the area are cottonwood, ash, button bush, willow and spike-rush. The adjacent highground is developed and surface storm runoff accumulates within the area to be filled. To mitigate the loss of the wetlands, the applicant proposes to set aside and vegetate a 0.34 acre wetland area adjacent to McMullen Creek. The purpose of the work is to provide and arrange high ground for construction of a commercial shopping area. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible -2- for inclusion in the Register. Consultation of the National Register . constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data.may. be lost or destroyed by work under the requested permit. ,`.?,The`'ID;istxict Engineer has determined, based on a review of data furnished by°the`applcant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army permit serves as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North a -3- Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after August 11, 1987. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before August 5, 1987, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m., August 3, 1987, or telephone (919) 343-4725. °I)I A;tlNhrM -2fy azl N r ,? ? ,. ?oN IZS A'VMH'?Iff 7H c 0 U oa y v 202 i ` u ? - v I Z z a ? 696s'l / o'cr to t 1' t l r 1 ?J MCMullen Creek y, Market ! \ ' pineville, nc equity properties group, ing~ -'' S3tr 1 \ 1 ? tfLAHV7 i too' d7A SCALP- r?- 60• 16 JLE A&1 -WETLANDS AREA . EXISTING GRADES 6h? 2 0'c to McMullen Creek Market nc equity properties group. inc e° WETLANDS-.AREA SST 3 ?,? f? PROPOSED.. GRADES SCALE V . 60' 1$ J ? I ' i I v? a 0 d- 9 a ?i o Q W O CO p Z w Q ? J UJ Cl) I..LJ cc U. Sff? 'T 4 O C- to t a (Y` •?t !!! I ?, L I' L •1 / \ ?. .l m oS 5.4Qg ..a..+ Q? CL I t ?? m SEC c 0' 21 At- 576 5°!p ti 3 pJ ? O P? 11? 1 .R° i ? w It 1 4-4 •S F I. ? , 1 F g 4 S I ???, i 1 aLr_ %Ikei lLAt ? \ ' Sai cnnl C. 4• a cn• M I1111G lak,7 S7#lm7' S' o,G' 4, { rr. 46 .. FT .• f I C a 1.1. 1 1 I I I' I 17 1 l ca 1 4 -1 . 7 ? I . 1 I . 4 R T 1 I T 1 r ? ? I : rT I F I I? i ? ,.. _ ? ?l l + ; I I I I i I ? I - I T 1 i - 1 I L '} - I ? I I I I O U3 I 1J I 1- I I ? i I A s . 7 - t - - - y - - - - i - - - -- - - I I I I r _ ? rv ? -r ?n w ? w , t - ? I 1 1 -7 - - 1 .. - I _ I I Q o _ ? U m w Z 0 Z OW R? V V/ ?O U -I IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 June 29, 1987 Re`f'''-I%i -ran RECEIVED 1987 ju?4'° 11007 OPERATIONS BRANCH SUBJECT: File No. SAWC087-N-060-0428 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of Equity Properties Group, Incorporated/CNC Centers, represented by Murchison, Guthrie and Davis, for a Department of the Army permit and a State Water Quality Certification to place fill material in wetlands adjacent to McMullen Creek associated with construction of McMullen Creek Market, Pineville, Mecklenburg County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by August 29, 1987, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, ha s W. lis hie , Regulatory Branch Enclosure -2- Copy Furnished (without enclosure): Mr. John Parker North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 MURCHIsON, GUTHRIE & DAVIS ATTOFINEYS AT LAW ONE NGNB PLAZA SUITE 2500 CHARLOTTE, NORTH CAROLINA 28280 ALTON G. MURCHISON, III DENNIS L. GUTHRIE K. NEAL DAVIS ROBERT H. HULL,JR. ROBERT E. HENDERSON MARJORIE A. ROWE June 19, 1987 Mr. Hugh Hines Area Coordinator Wilmington District Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402 Tv-1 ?S 1,10 I in D \.Z./ 00 TELEPHONE (704) 377-5600 TELECOPIER (704) 377-4601 I-Jib RE: Mecklenburg County / McMullen Creek Market Dear Hugh: Please find enclosed the Application for Permit to Fill at the referenced location, together with the following maps and illustrations as provided by Dalton Moran Shook & Partners, Inc.: A. Vicinity map. B. Wetlands area existing grades. C. Wetlands area proposed grades. D. Wetlands area cross section. E. Mitigation area. F. Mitigation area cross section. You will note that the Wetlands Area, as surveyed, is .17 acres and that the proposed mitigation area is .34 acres, which we trust will be satisfactory. If there are any other requirements with respect to this mitigation area, please advise so that we may respond as quickly as possible. 'Jung 19, 1987 RE: Mecklenburg County / McMullen Creek Market Page 2 Your assistance in expediting this Application will be most appreciated. As I am sure you are aware, construction in the area is well underway, the plans for this particular site have been long approved by other agencies, and further delay is quite expensive to the land owner. Thank you for your cooperation. Sincerely, MURCHISON, GUTHRIE & DAVIS Robert E. Henderson REH:cj Enclosures CC: Mr. Brian Jenest CC: Mr. Allan Lehto CC: Mr. Bob Ufland APPLICATION FOR U WATFR QUALITY CERTIFICATIO Lr EJ PERMIT TO EXCAVATE AND/OR FILL EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT ;Ue`artnient of the A?y Department of Administration State of North Carolina (GS 146-12) Department of Natural Resources and Community Development k----.corps of Engineers,• Imin`ton District (GS 113.229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320.329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing{V/A in. blank. 24 1. Applicant Information A. Name Equity Properties Group, Inc / CNC Centers Last First Middle B. Address 10150 Landi nqs 31 vd Suite 307 Street, P. O. Box or Route Sarasota F1. 33581 813/523-4504 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County Mprklenhurg B. 1. City, town, community or landmark Pi nevi l l e 2. Is proposed work within city limits? Yes" No McMullen Creek C. Crcek, river, sound or bay upon which project is located or nearest named body of water to project 111. Description of Project 2. New work XKX A. 1. Maintenance of existing project B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area 7.441 SQ. ft. length_ 20 width F7 depth in 5 4. Other length width depth C. I. Bulkhead length Average distance watenvard of MHW (shoreline) 2. Type of bulkhead construction (material) D. Excavated material (total for project) 1. Cubic yards 2 , 390 2. Type of material St rur tua 1 Fill E. Fill material to be placed below MHW (see also VI. A) 1 1. Cubic yards itcio 2. Type of material S V U ? c ? -Iii ) IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the disposal area include any marshland, swamps or other wetland? Yes No C. Disposal Area 1. Location 2. Do you claim title to disposal area? D. Fill material source if fill is to be trucked in E. How will excavated material be entrapped and erosion controlled? I . I pc of equipment to be used Front End Loaders & Trucks- Bulldozers G. Will marshland be crossed in transporting equipment to project site? If yes, explain . V. Intended Use of Project A Mescribe) A. 1. Private 2. Commercial X X 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) 2. Elevation of lot(s) above mean high water 3. Soil type and texture 4. Type of building facilities or structures 5. Sewage disposal and/or waste water treatment A. Existing PlannM B. Describe 6. 'Land Classification' (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes- No-2. Type of discharge 3. Location of discharge VII. Present rate of shoreline erosion (if known): VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: IX. Length of time required to complete project: X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%i X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. ` C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. DrrvlI Restaurant- ,nral N;llc Re- tC rnuQ. Inr P n Rny IIQn rh _ N. C. 27622. Treva >loods_Townhouse Ass. 7929 Charter Oak , N. C. 28134 i P XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DATE June 19, 1987 Robert , ro j eet anal 9Applican s Si nature Equity Properties ?rop, Inc. osF-sz Rey. 10178 SEE REVERSE SIDE FOR MAILING INSTRUCTInNc U U W L CL c 0 ar N N O C Q z Uz 6t-?66-7" 0 ,:: to A 1ullen k :et Dille, nc )roperties group, irK b -'-53b ? 53q ? q4 „,. , - g JUHe ;Ab7 WETLANDS AREA EXISTING GRADES SK€?T 2 oF-= to :-in nc wties group, in( WETLANDS AREA PROPOSED.- GRADES SCALE: l' - 60' $ k s -ter 3 O'- IFIIiII.i tl l II tlill l ? ? l? III U a 0 C C) C O1 (n m a ?-- W T 2- U C, N a v- 9 0 o i 6h6-t7' :? 0,--° to Q W Q O U) F- Z w Q (/) J Cl) I-- cn W U. f / a c j U a IS :3. I L O` ,I CD I 1 L C, c ?! I 11 .160 .+ s 1R , . S4? /i• I ? I ? 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