19950801 Ver 1_COMPLETE FILE_19950731

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. John Musto
Koury Ventures Ltd. Partnership
400 Four Seasons Town Center
Greensboro, N.C. 27407
Dear Mr. Musto:
AfflMow;AW.
ve- A
AM ? 0
?EHNR
August 1, 1995
Guilford County
DEM Project # 95804
FILE COPY
You have our approval to place fill material in 0.065 acres of wetlands or waters for the purpose
of constructing a road crossing at Tee-Island Road at Grandover development, as you described in
your application dated 27 July 1995. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 2733. This certification allows you to use
Nationwide Permit Number 18. 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 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 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 Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files
Len Rindner
Sinc rely,
r ton o r , Jr. P. E.
95804.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper
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Environmental Planning Consultant
Landscape Architecture
Land Planning
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7113 Hickory Nut Drive
Raleigh, NC 27613
[phone]
Mr. John Thomas US Army Corps of Engineers - Raleigh Reg. Field Office ..
6512 Falls of Neuse, Suite 105
Raleigh, NC 27615 ?Q
Mr. John R. Dorney - Water Quality Planning
Division of Environmental Management - NCDEHNR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
July 27, 1995
Re: N-WP #18 ± 0.065 Acres at a road crossing at Tee Island Road in randOver
Greensboro, NC -'
Dear Sirs:
On behalf of Mr. John Musto of Koury Corporation, I am requesting confirmation to
utilize NWP#18 for + 0.065 Acres of surface waters and wetlands for an after-the-fact
permit for a road crossing. This road crossing was apparently field located based on a
preliminary drawing at a location that the developers representative thought or misjudged
to be a bank to bank situation. The developer realizes that there was a field error. The
owner offers no excuses, however there may be reasonable explanations and requests
your consideration. Please note that this area was originally flagged and permitted under
the 1989 Manual and there was a different owner representative at the time. The current
owner representative was also not fully aware of the 1 crossing/tributary policy at the
time. When the field decision was made and the owner thought that this area was a bank
to bank situation and no "Notification" would be required. This road provides access to a
very exclusive and important • real estate - basically at the junction of four golf holes. The
road was located sensitively between an enormous specimen Shagbark Hickory (on or
near the bank) and a stately old specimen White Oak. The wetlands that were impacted
from my recollection consisted of perched wetlands along the slopes. I recall that the
wetland determination at the time was primarily based on hydric soil indicators resulting
from a perched water table and not flooding. Vegetation was primarily early successional
and included primarily Facultative vegetation including Red Maple, Sweet Gum, Tulip
Poplar, and Ironwood, with Smilax, Multiflora Rose, Poison Ivy, and Japanese
Honeysuckle. The groundcover beneath the White Oak and Hickory was primarily
Eulalia viminea (Microstegum) and sedges. As the case elsewhere on the site soil series
in the area is Enon which is characterized by a very dense subsoil.
Although the developer has requested modifications on this very large and complex
project to the permit several times due to changing economic factors, Koury Corporation,
since the earlier compliance problems has been more cooperative, careful and watchful
of the various contractors on the site in preventing unauthorized encroachment on
wetland areas. Most of the problem areas have been repaired or restored. The developer
is also in the process of planning and implementing the mitigation requirements of the
permits and will provide and additional 0.25 Acres of enhancement to existing wetlands
in the vicinity of the crossing as mitigation for this impact.
With the above factors in mind, Koury Corporation, requests your consideration in
authorizing this road crossing utilizing Nationwide Permit #18. Enclosed find the
application forms and supportive information regarding the proposed crossing.
Please let me know if you have any questions or require additional information.
Thank you.

Leonard S. Rindner
Environmental Planning Consultant
NC Landscape Architect #578
cc. Mr. John Musto
Mr. Edward Schweitzer
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit 4):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF E'VVIRONMENTAL MANAGEMENT
NC DEPAR7N, = OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1..Owners Name:
2. Owners Andres:
3. Owners Phone Number (Home):
n
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
4?-
10) 1-6144-W
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City:
Location (Include road numbers, landmarks, etc.): !;Z:W? wts?- &"e& XLArp
<Ap
11 Pin
6. Name of Closest S'??tLeam/River KEla(IC&C ?tGI(L
7. River Basin: C. rK
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS M YES [ ] NO V5
9. Have any Section 404 permits been previously requester) for use on this property? YES -04 NO [ j
If yes, explain. /1QSC? ?l?
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project:site: 665 . vs Arc-.
11. Number of acres of waters of the U.S., including wetlands, impacted by the'proposed project:.
Filled: .©l0rj ?CytS
Drained:
Flooded:
Excavated:
(work): 07/0) Z99 - 4'Zoo
A/v
Total Impacted: • tococ- .r'-C?
0 14
12. Description of proposed work (Attach PLANS-8 12" X I1 " drawings o

13. Purpose of proposed work:
- -14. Stare reasons why the applicant belie es that this viry ust carried out in weslaads. Also, note measures
take--. to mm=-ze wetland impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USrWS) andtorN21ional Marine Fisheries Service
(NMFS)'regarding the presence or any Federally listed orproposedfor• listing endangered orthr°. ,rimed species or critical
habitat in the permit area that may be affected by the proposed project, Have you done'so? ? YES NO[
l
RESPONSES FROM THE USFWS AND/OR NWS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the-permit area which may be affected by the proposed project? Have you done so?.}a•YES L NO L J
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:.
A. Wetland- delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by projec:L
C. If delineation was performed by a consultant, include all, data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required f this pro' copy.
E. What is land use of surrounding property? A4L 0heek elo
F. If applicable, what is proposed. method of sewage disposal? S _?clt.?-
Owner's Signature Date
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Planning
Landscape Architecture
Land Planning
Mr. John Thomas
US Army Corps of Engineers -
6512 Falls of Neuse, Suite 105
Raleigh,. NC 27615
J
ccs t
7113 Hickory Nut Drive
Raleigh, NC 27613
[phone]
July 27, 1995
Reg. Field Office
Mr. John R. Dorney - Water Quality Planning
Division of Environmental Management - NCDEHNR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: NVVT #18 ± 0,065 Acres at a road-crossing a+ Tee Island Road in randOver
Greensboro, NC
Dear Sirs:
On behalf of Mr. John Musto of Koury Corporation, I am requesting confirmation to
utilize NWP# 18 for + 0.065 Acres of surface waters and wetlands for an after-the-fact
permit for a road crossing. This road crossing was apparently field located based on a
preliminary drawing at a location that the developers representative thought or misjudged
to be a bank to bank situation. The developer realizes that there was a field error. The
owner offers no excuses, however there may be reasonable explanations and requests
your consideration. Please note that this area was originally flagged and permitted under
the 1989 Manual and there was a different owner representative at the time. The current
owner representative was also not fully aware of the 1 crossing/tributary policy at the
time. When the field decision was made and the owner thought that this area was a bank
to bank situation and no "Notification" would be required. This road provides access to a
very exclusive and important real estate - basically at the junction of four golf holes. The
road was located sensitively between an enormous specimen Shagbark Hickory (on or
near the bank) and a stately old specimen White Oak. The wetlands that were impacted
from my recollection consisted of perched wetlands along the slopes. I recall that the
wetland determination at the time was primarily based on hydric soil indicators resulting
from a perched water table and not flooding. Vegetation was primarily early successional
and included primarily Facultative vegetation including Red Maple, Sweet Gum, Tulip
Poplar, and Ironwood, with Smilax, Multiflora Rose, Poison Ivy, and Japanese
Honeysuckle. The groundcover beneath the White Oak and Hickory was primarily
Eulalia viminea (Microstegum) and sedges. As the case elsewhere on the site soil series
in the area is Enon which is characterized by a very dense subsoil.

Although the developer has requested modifications on this very large and complex
project to the permit several times due to changing economic factors, Koury Corporation,
since the earlier compliance problems has been more cooperative, careful and watchful
of the various contractors on the site in preventing unauthorized encroachment on
wetland areas. Most of the problem areas have been repaired or restored. The developer
is also in the process of planning and implementing the mitigation requirements of the
permits and will provide and additional 0.25 Acres of enhancement to existing wetlands
in the vicinity of the crossing as mitigation for this impact.
With the above factors in mind, Koury Corporation, requests your consideration in
authorizing this road crossing utilizing Nationwide Permit # 18. Enclosed find the
application forms and supportive information regarding the proposed crossing.
Please let me know if you have any questions or require additional information.
Thank you.
?inccreiy
Leonard S. Rindner
Environmental Planning Consultant
NC Landscape Architect 9578
cc. Mr. John Musto
Mr. Edward Schweitzer
C
DEM M: ACTION M:
Nationwide Permit Requested (Provide Nationwide Permit #): 18
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that rewire application for Section 401 certification
WILMNGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ILYGINEERS DIVISION OF Ew1RONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPAR7ME T OF EN"VIRONME T, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SC'I' TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGENaNT.
PLEASE PRINT.
1. Owners Name:
2. Owners Addres:
3. Owners Phone Number (Home):
(Work): (47/0) Z99 .. Q%00
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
>o 4ci?.,r
!O) aaA
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City:
*4Vv
Location (Include road numbers, landmarks, etc.): !Qk'Oh lowl"f &i!/x ra
61A I<
6. Name of Closest S??tream/River:
7. River Basin: C . K
G-4
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES ( ] NO VC
9- Have any Section 404 permits been previously
If yes, explain.
for use on this property?
a
YES "W NO [ l
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project.site:, . `l8 Af--
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:.
Filled: . ©?O rj ?Gr1 S'
Drained:
Flooded:
Excavated:
Total Impacted: • Olo? ?E.t'-G?
12. Description of proposed work (Attach PLANS-8 12" X 11" drawings only): S.?_ ?-I?QG!?
J
13. Purpose of proposed
_ 14. Stare reasons way the applicant belie es that this vity ust carried out in wetlands. Also, note measures
.taken. to minimize wetland impacts.
15. You are required to contact. the U.S. Fish and Wildlife Service (USFWS) and/orN2donal Marine Fisheries Service
(! IMFS)'regarding the presence or any Federally listed orproposedfor- listing endangered orthteeatened species or Critical
habitat in the permit area that may be affected by the proposed project. Have you done so? -*YES jy? NO L 1
RESPONSES FROM THE USFWS AND/OR NNIFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the' State FUstoric Preservation Officer (SHPO) regarding the presence of historic
properties in the-permit area which may be affected by the proposed project? Have you done so AYES [-T NO [
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information rewired by DEM:
A. Wetland. delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stonnwater management plan is required f this pro'ec t, COPY-
E. What is land use of surroundingprogeny? /1Ct.
0 ? ?p
f A
F. If applicable, what is proposed method of sewage disposal? ';Z0WAe#,-
p??-? 4/,
Owner's Signature

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Date
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