19940951 Ver 1_COMPLETE FILE_19941012

k--? t...) iU (.. ?1\' L J
FNC:INE1.RINC t4
: I RVEYINC?` INC
qV95/
`? a .
FAX TRA.*18MIBt3ION
DATE:,..
CONTACT PERSON: T [n-
AUSTNESS OR LOCATION:_ _..tj U )G.
FAX NUMBER: a RUM : _._.
:g1_MBFR OF x1A.(*, ::a (inClwli.ng >haet)
s'
N
I'F YOU 00 NOT R-LICEIVG ALL I k
.
704/786-5404 or 701
THIS TRANSMISSION "ROM FAX #1-'04-786-7454
1 ? n C r''
CQMM NTS : c. ?St= $ 1- r

,+ `a4.

LAW -'i
This transmiMlion is intended only for the use of the indiAdual or entity to which i is addratoad and mat Con atn Int'oimation that is
privtleled and confidential. It the Header of this snessagt is not the Intended r?cioien4 you are hereby it or ff ed that any disclosure,
distriburion, or copying of this information is strictly prohibited. if you have te¢eived this transmission in;errer, please notify us
Immediately by telephone and return tht original. documents to us at the addresti listed below via rhea Vnlted States Postal Service.
i
I ?
fyCSS • NSPS a ACSM • NgPt • PENC
lQ Box 268 0 45 Spring Street, S.W. • Concord, NC 28026.0268 6 [phone] • Charlotte • 04) 332.9934 0 Fax • (704) 7864
i(-T 14 ''' 4' :1: COrd?;ORL. EtaGIPiE_EE'Irit ix ?I_IF"v'E'`r'Itv? F'. l.i'=I
? f
` OCT 10 '94 0;': 1.S!CCINCORD EhdGI?IEeRIt"ai; Y SURVE'v'INC?
DEPARTMENT OF THE ARMY
-' WILMINGTON DISTRICT, CORPS OIL ENGINEERS
P.O. BOX 1880
w ,? b'.1t.MINGTON,NOATHCAAOUNA28402.1860
w Rkl'i Y NEFkh %September 24, 1994
P. L:'S
CONCORD ?r;'!':_?;7!PaG &
Regulatory Branch
Action ID No. 199404534 and Nationwide Permit No. 2i6l i (Headwaters and Isolated
>a.?'C e r :t i
f t
Mr. Mark Carlson ?.
nravz d Drys Company
Poer. hftice Box 1504
Gnn(,!nrd, North Carolina 28026
Dear Mr. Carlson:
7
Thane you for your inquiry of .ura 1. 1394, tegarding your plans to ?.
olace fill material in 0.21 acres of forested wetlands adjacent to, an uan.amed,
headwaters tributary of Mallard Creek at the proposed Wexford Apartments o£t
Oak Leigh Drive east of Charlotte, Mecklenburg County, North Carolina.
14 ,
For the purposes of the Corpa of Engineers' Reagulatory Progr.?km, Title
33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide p-*,nnits. Authori?ation was
provided, pursuant to Section 404 of the Clean Water :pct, for dis#argeys of
dredged or fill material into headwaters and isol&ted waters.
Your work is authorized by this nationwide hermit provided ?t is Ii-vf
mcnomplifthad in strict accordance with the enclosed conditions and provided '
you receive a Section 401 water quality tertifiCation from the North Carclina
nivis.ion of Environmental Management (NCDEMi You should cunta?,t Mr. Jolui
Dorney, telephone [phone], regarding water duality certification. This
nationwide permit does not relieve you of the responsibility to obtain other p
require--d State or local approval. This verification will be valid for two ears from the date of this >••
Letter unless the nationwide authorization is modified, reiastue? or revoked. '
'Phift vArification will remain valid for the two; years if, during tl;att period, ?
the nationwide permit authorization is reissaad? without modific tiorn or the
Activity complies with any subsequent modificationii it dux-ing the two yoars,
the nationwide permit authorization expires or is suspended or "revoked, or i9
modified, such that the activity would no longer comply with t14; terms and N
conditions of the nationwide permit, activi,tib? which have Cott4enced or are
under cnntrAf,t to commence in reliance upon the' nationwide pert}tit will, remain
atirhor-i zed. This is provided the activity i 6o;trpl.eted within twelve months
of the dAte of the nationwide ;permit's expireat'ion, modificatio? or revocatioin.
Questions or comments may be addreaaedlto Mr Steven 'L d, Asheville
Field Office, Pegulatory Branch, telephone [phone].
Sincerely
t
1' s
G. Wayne Nright
Chief, ReSpalatory Branch
j ?-
Enclosure"
x ?.;
State of North Carolina
Department of Environment,
Hedth and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
moo
ED FE Flt
October 10, 1994
Mecklenburg County
DEM Project # 94951
APPROVAL of 401 Water Quality Certification
Mr. Mark Carlson
David Drye Company
P.O. Box 1604
Concord, N.C. 28026
Dear Mr. Carlson:
FILE COPT
You have our approval to place fill material in 0.21 acres of wetlands or waters for the purpose
of construction of an apartment complex at Wexford Apartments, as you described in your application
dated 10 October 1994. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2671. This certification allows you to use Nationwide
Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc
Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Domcy
Central Files
Paul Campbell, Concord Engineering
Pt n Ho arcV, Jr.
94951.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled/ 10% post-consumer paper