19951202 Ver 1_COMPLETE FILE_19951118

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
[D F= F10
November 20, 1995
Mecklenburg County
DEM Project # 951202
COE # 199500214
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Steve Middleton
Schaedle Worthington, Inc.
28 Perimeter Court East
Suite 250
Atlanta, Georgia 303046
Dear Mr. Middleton:
FILE COPY
You have our approval to dredge material in 1.89 acres of wetlands or waters for the purpose of
renovating a pond at the Grove at University Place, as you described in your application dated 13
November 1995. 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.
Dredge spoil shall be deposited on an upland site. The planned littoral shelf shall be planted with
appropriate emergent vegetation. 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 Asheville Field Office
Mooresville DEM Regional Office
Mr. John Domey
Central Files
Mr. Kevin Martin; Soil and Environmental Consultants
.E.
Jr. I
951202.1tr
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
512Q
Soil , & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 N [phone] ¦ Fax [phone]
NCDEH&NR - DEM
Attn: Mr. John Dorney
PO Box 29535
Raleigh, NC 27626
Mr. Dorney and. Mr. Lund:
November 13,1995
US Army Corps of Engineers
Attn: Mr. Steven Lund
151 Patton Ave. Roo 4?
Asheville, NC 2880115
NOV 151995
a B IE11ANDS GR` UT
RE: REVISION TO PERMIT: ER„tl,
Action ID # 199500416 DEM Project #94997
The purpose of this letter is to request a revision to an issued Nationwide Permit
26 and Section 401 Certification for the project known as The Grove at
University Place.
As a result of wetland impact 'vities on an adjacent property (Action ID #
199500214 and DEM Project 94` 05) it is. necessary to dredge 189 acres of
pond bottom. A dam on th lacent property will be breached and-de-water the
pond that is partially within the' bounds of the Grove at University Place property.
At this time the pond bottom will be dredged to remove silt and increase the
ponds storage capacity'(See map.).
Project engineers have estimated the limits of construction (See attached map.),
however, we have chosen to include excavation of the entire pond bottom to
cover our client because activities related to"removing the sediment may require
working in additional areas or that other areas within the pond bottom may need
excavation. The extent of required excavation will not be fully understood until
the pond is de watered.
The adjacent property owner has agreed to construct a dam to restore the part of
the pond that he is not filling; this dam will be on the boundary of this property
(This activity has ostensibly .been covered under Action ID # 199500214 and
DEM Project 94905.). In addition to the dam, the adjacent owner has agreed to
perform mitigative plantings on a "littoral zone" as shown on the attached map.
All proposed mitigative plans and actions are the responsibility of the adjacent
property owner and the above referenced action numbers.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design

i
Our client, Schaedle Worthington, Inc., wishes to preserve the remaining' pond
on its property and has worked with the adjacent property owner to ensure that
the pond stays "intact".
The pond will be flooded to its preexisting level after the dredging activities. For
this reason, S&EC believes that work proposed by our client will result in no net
loss of wetlands or waters. The dredge activity will enhance water storage
capacity. A successful mitigation plan by the adjacent owner (Summit
Properties), meeting its "success criteria", will enhance other wetland functions.
Please call if you have questions or require further information. If you intend to
perform a site visit please call and we will arrange for someone to accompany
you.
Sincerely,
\.
Kevin C. Martin,
ZdHAuyX?-
Biologist President
cc: (with enclosures) David Franklin, Wilmington Corps
Danny Smith, NC DEM
North Carolina Dept. of Cultural Resources
US Fish & Wildlife Service
KCM/cah
0
DEM ID: 94997 ACTION ID: 199500416
Nationwide Permit Requested (Provide Nationwide Permit #): 26
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 ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
4401 Reedy Creek Road
Raleigh, NC 27607
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: SCHAEDLE WORTHINGTON, INC. ATTN: STEVE MIDDLETON
2. Owners Address: 28 PERIMETER CTR EAST, SUITE 250. ATLANTA, GA 30346
3. Owners Phone Number (Home): (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
SOIL AND ENVIRONMENTAL CONSULTANTS, INC. Ph: 919/846-5900
244 W. MILLBROOK ROAD
RALEIGH, NC 27609
5. Location of work (MUST ATTACH MAP). County: MECKLENBURG COUNTY, NC
Nearest Town or City: CHARLOTTE, NC
Specific Location (Include road numbers, landmarks, etc.): A 25 ACER PARCEL ADJACENT TO TWO
UNNAMED HEADWATER TRIBUTARIES OF MALLARD CREEK OFF HWY 29 AS PER ATTACHED
PLANS AND HARRISBURG, NC USGS TOPO. QUAD. VICINITY MAP.
6. Name of Closest Stream/River: MALLARD CREEK
7. River Basin: YADKIN-PEE DEE RIVER BASIN
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II?
YES( ) NO(X)
9. Have any Section 404 permits been previously requested for use on this property?
YES ( X ) NO ( ) If yes, explain. PRIOR ACTIVITIES 0.15 ACRES UNDER NW 26.
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
LESS 2.5 ACRES
11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project:
PROPOSED NW26 PRIOR NW26
Filled: 0.15 ACRES
Excavated 1.89
Total Impacted: NO NET LOSS 0.15 ACRES
(SURFACE WATER ON THIS PROPERTY
WILL BE SAME AS BEFORE WORK.)
t
12. Description of proposed work (Attach PLANS-81/2" X 11" drawings only):
DREDGE DE-WATERED POND BOTTOM, AND SUBSEQUENTLY RE-FLOOD
13. Purpose of proposed work:
REMOVE SILT AND INCREASE POND CAPACITY
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts.
NO NET LOSS OF WETLANDS, MITIGATION (BY OTHERS) WILL TAKE PLACE ON PROPERTY TO
OFFSET IMPACTS OFF-SITE (BY OTHERS).
MITIGATION RESULTS FROM ACTION ID 199500214 AND DEM # 94905.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine
Fisheries Service (NMFS) regarding the presence or 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. Have you done so? YES ( X ) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS 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? YES (X ) NO ( )
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 project.
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? RESIDENTIAL
F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER
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gent's Signature Date
Agent's?Signature Date
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VICINITY MAP
APPROXIMATE LOCATION OF
THE GROVE AT UNIVERSITY PLACE
HARRISBURG, N.C., U.S.G.S. TOPO. QUAD
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