19960634 Ver 1_Complete File_19980309

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N.C. Dept. of Environment. Health, and Natural Resources
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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Stephen Vermillion
Crosland Retail
125 Staleybark Road
Charlotte, NC 28209
N C ENR8
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
SUBJECT: NOTICE OF DEFICINCEY
Innes Street Market/ DWQ#960634
Rowan County
Dear Mr. Vermillion:
On August 26, 1996 you were issued General Water Quality Certification Number 2671,
authorizing you to place fill material in 2.036 acres of wetlands or waters for the purpose of constructing
the aforementioned shopping center.
On February 24, 1998 Mr. John Dorney and Mr. Pete Colwell from the North Carolina Division of
Water Quality (NCDWQ) conducted a site visit. As a result of this visit, many deficiencies with your site
were noted. Specifically, 1) The lower most pond's outlet box was blown out, 2) These were excessive
quantities of sediment observed in the stream-likely in violation (as per 15 A NCAC 213 .0200) of the 50
NTU (Nephronic Turbidity Units) State Water Quality Standard, 3) The stream was directly against the
retaining wall-which will eventually undercut the wall and likely cause its failure, 4) There was no soil
stabilization evident, 5) The dams on the ponds were eroded, and 6) On the upper ponds, there were no
plantings evident and no sediment and erosion control measures in place.
As a result of these deficiencies, NCDWQ will move to revoke your 401 Water Quality
Certification unless these items are rectified within 14 days upon your receipt of this letter. If you should
have any questions regarding this matter please feel free to call Mr. Pete Colwell or myself at (919) 733-
1786.
Sincerely, 1>
John Dorney
Water Quality Certification Program
Cc: Mike Parker, NCDWQ, Mooresville Regional Office
Steve Chapin, USACOE, Asheville Field Office
Bryan Moore, N.C. Div. of Land Resources, Mooresville Regional Office
Len Rindner
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources Ar4i 0
Division of Water Quality
10
James B. Hunt, Jr., Governor
Jonathan a Howes, Secretary p EH N F=?L
A. Preston Howard, Jr., P. E., Director
August 26, 1996
Rowan County
DWQ Project # 960634
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Stephen Vermillion
Crosland Retail
125 Staleybark Road
Charlotte, NC 28209
Dear Mr. Vermillion:
You have our approval to place fill material in 2.036 acres of wetlands or waters for the purpose of
constructing a shopping center at Inns Street, as you described in your revised application dated 24 July
1996. 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 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 this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below. A draft mitigation plan to create/restore 4.24 acres of wetlands and
stormwater management plans shall be submitted to DWQ by 1 October 1996. 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 certification replaces one issued on 20 August 1996.
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 Domey at 919-733-1786.
Si4P?ress Howar, ,
Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
Len Rindner
960634.1tr
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°x6 recycled/10°x6 post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources 4 • •
Division of Water Quality
James' B. 1-lo Hunt,Jr., Governor Jonathan B. Howes,Secretary
A. Preston Howard, Jr., P.E., Director
August 20, 1996
Rowan County
DWQ Project # 960634
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Stephen Vermillion
Crosland Retail
125 Staleybark Road
Charlotte, NC 28209
Dear Mr. Vermillion:
You have our approval to place fill material in 1.853 acres of wetlands or waters for the purpose of
constructing a shopping center at Innes Street, as you described in your revised application dated 24 July
1996. 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 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 this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below. A draft mitigation plan to create/restore 4.24 acres of wetlands and
stormwater management plans shall be submitted to DWQ by 1 October 1996. 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.
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 I50B 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.•
Sincerely,
ton Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
Len Rindner
960634.1tr
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 9 50% recycled/100/. post consumer paper
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THE CROSLAND GROUP, INC.
July 24, 1996
Mr. Robert Johnson
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801-5006
Mr. John R. Dorney - Water Quality Planning
Division of Environmental Management - NCDEHNR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
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Re: Compensatory Wetland Mitigation/Nationwide Permit #26 Application for
Innes Street Market - Proposed 64 Acres, Salisbury, Rowan County.
Dear Sirs:
Crosland Retail would like to restate our sincere commitment to provide the minimization
measures and compensatory mitigation for impacts to wetlands in order to develop the
Innes Street Market as provided in our application. Since the inception of our work on
this important project we have diligently pursued and utilized extensive professional
planning input from the US Army Corps of Engineers, the North Carolina Division of
Environmental Management, as well as from our engineering, architectural, marketing,
and environmental consultants to develop this project. Preliminary planning
consideration of environmental and regulatory issues. Due to the economic, engineering,
and spatial requirements of a commercial development of this magnitude and after a
thorough alternative analysis, filling of large areas of wetlands on this tract were proven
to be unavoidable. Please note that besides providing compensatory mitigation and
minimization measures we have reduced scone to the extent possible to balance the site's
economic viability with its environmental value. Several pre-application meetings and
reviews were held with the Corps and NCDEM and we obtain preliminary indications
of approval of the plan to submitting the application. We believe that the plan and
commitments made in our application reflect a positive and cooperative response to the
preliminary negotiations, determinations, and concerns of the US Army Corps of
Engineers and the North Carolina Division of Environmental Management.
We are requesting your approval of our application with the conceptual mitigation plan
in our submittal to help meet our contractual commitment to Lowe's. Since the
engineering, architectural, sedimentation and erosion control, stormwater treatment and
i /6
r
Mr. Robert Johnson, Mr. Steve Chapin, Mr. John R. Dorney
Compensatory Wetland Mitigation
July 24, 1996
Page Two
wetland mitigation, on this complex project need to be designed together the plans will
be developed concurrently with the Construction Documents to make sure they are
effectively coordinated. Preliminary plans are already in progress. Both the USACE and
the NCDEM have expressed a desire to be involved in the design process and review of
the mitigation plans and we welcome this. As stated in our application final mitigation
plans will be submitted for approval to the NCDEM and the USAGE. Construction of
the mitigation sites will occur concurrently with other aspects of the project.
Thank you for your assistance and cooperation during pre-application process and your
consideration of our request. If you have any questions please do not hesitate to contact
me or Len Rindner.
Sincerely,
Stephen L. Vermillion
President
c: Pat Clontz
Peter Pappas
Len Rindner
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Len Rindner
7113 Hickory Nut Drive
Raleigh, NC 27613
Dear Mr. Rindner:
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C) FE F1
May 7, 1997
Re: Approval of mitigation and stormwater management plan
Innes Street Market
Rowan County
DWQ Project #96634
DWQ staff have reviewed the "Mitigation Plan and Stormwater Management Plan - Innes
Street Market" revised in April 1997 and described in your cover letter dated 28 April 1997.
These plans are sufficient to meet the additional conditions of our Certification dated 26 August
1996. A final version of the Operation and Maintenance agreement for the stormwater pond
and wetlands shall be sent to DWQ with modifications as discussed on 7 May 1997.
We look forward to working with you as you implement this plan. Please call me at 919-
733-1786 if you have any questions.
S, cerely,
Jo R. Dorney
W er Quality Cert c tion Program
cc: Mooresville DWQ Regional Office
Central Files
Jeanette Powell, DWQ Stormwater Group
Steve Kroeger
Steve Chapin, COE-Asheville
' Fax Note 7671 Date i? pa0 0'
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Phone #
PFax#
• Environmental Sciences Branch
Division of Water Quality
4401 Reedy Creek Rd., Raleigh: NC 27626-0535 • Telephone 919-733,1786 • FAX [phone]
MEMORANDUM PRINT NAMES:
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Reviewer:
TO: JOHN DORNEY WQ SUPV.: ,),
ENVIRONMENTAL SCIENCES BRANCH DATE: 23A,
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPL
PERMIT YR: 96 PERMIT NO: 0000634 COUNTY:
APPLICANT NAME: INNES ST. MARKET
PROJECT TYPE: COMMERCIAL FILL PERMIT TYPE:
COE #: DOT #:
RCD_FROM _CDA: APP DATE_FRM_CDA:
REG OFFICE: MRO
RIVER AND SUB BASIN #: 030704
STREAM CLASS: C
WL IMPACT?: Y/N
WL_REQUESTED : Z , v 36`7c i/105
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WL_SCORE (#) ?y
MITIGATION?: ON
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STR INDEX NO : 12-115-3 Jul I P
DIVNION OF i.A T
WT .-TYPE:
WI-ACR_EST? : Y/N
WATER IMPACTED BY FILL?: Y/N
MITIGATION-TYPE:
MITIGATION-SIZE: Y,2 Gc- DID YOU REQUEST MORE INFO?: Y/N
1,U ac ?P?i?s`HS (wc??u?w?le?l
slob Q I I°uaku " IS WETLAND RATING SHEET ATTACHED? : Y I
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS : /'t2 Clt,"n't, pI'Zi/9 of ?D/?? ezf'S ( Ze, cy
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CC: Regional Office
Central Files
NCWRC,HCP,FALLS LAKE TEL:[phone] Jul 23'96 16:55 No.005 P.02
!Pi North Carolina. Wildlife Resources Commission
512 N. Salie6ury Strect, Raleigh, North Carolina 27604-1188, 919.733.3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Division of Water?,ua- ]Cy J ?J?
FROM : Owen F. Anderson `?" Uea m(ont'fvRe ion Coordinator
J
Habitat Conservation Program
DATE; July 2-3, 1996
SUBJECT: Inners Street Market Request for 401 Water Quality
Certification to fill wetlands in Salisbury, Rowan
County, North Carolina. DEM ID # 960634.
Staff biologists with the North Carolina Wildlife Resources
Commission have reviewed the subject application for 401 water
qual;i.t.y certification with respect to anticipated project impacts
on aquatic: habitats. Our comments are provided in accordance
with certain provisions of the Viah and Wildlife Coordination Act
(Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Section 401
(b) of the Clean Water Act of 1977 (as amended), and North
Carolina General Statutes (G.S. 113-131 et. seq.).
The proposed Inneo Street Market Project is located on
approximately 64 acres in south Salisbury in Rowan County. The
site includes 47 acres of woodland and 17 acres of previously
developed land. The developer is seeking approval to fill 1.853
acres of wetlands and 0.183 acres of intermittent/perennial
tributaries on the project aite, An estimated total of 2.551
acres of wetlands are located on the site. Aquatic systems in
the project area, according to the document, consist of headwater
wetlands and intermittent tributaries of Town Creek. Town Creek
is a small tributary to High Rock Lake which provides an
excellent fishery for largemouth bass, crappie, sunfish, catfish,
and other species.
We appreciate the effort made to avoid and minimize wetland
impacts. The document states that a total of 0.515 acres of high
quality headwater forest wetlands will be preserved. The

LEONARD S. RINDNER
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
June 28, 1996
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office (` g
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney - Water Quality Planning
Division of Environmental Management - NCDEHNR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Nationwide Permit #26 Application for Innes Street Market - ProuQsed 64 Acre. Charlotte.
Dear Sirs
On behalf of my client, Mr. Steve Vermillion of The Crosland Group, Inc., I am pleased to provide you with
the following information concerning the Innes Street Market development plans for your consideration and
approval under Nationwide Permit #26. The project site is located in Salisbury, Rowan County. The
proposed project is planned as a major regional commercial center.
Please let me know if you have any questions.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
cc. Mr. Steve Vermillion
The Crosland Group
125 Scaleybark Road
Charlotte, NC 28209
Ms. Pat Clontz - The Crosland Group
Mr. Peter Pappas - The Crosland Group
NCWRC,HCP,FALLS LAKE TEL:[phone]
Innes Street Market
960634
2
Jul 23'96 16:56 No.005 P.03
July 23, 1996
document also states that "To provide mitigation for the loooea
of wetland functions and values, 4.25 acres of wetland creation,
and approximately 1 acre of stormwater wet detention basins will
be constructed." Deed restrictions and covenants to protect
preserved wetlands and mitigation sites are proposed. Beat
Management Practices and vehicular access restrictions will be
utilized. A stormwater management plan is provided.
we concur with the issuance of the permit under the
following conditions:
1. Require the applicant, developer, and property owner to
fully implement the Mitigation Plan, deed
restrictions/covenant plans, and Stormwater Management Plan
as outlined in the document.
2. Implement and maintain a strict, state approved
sedimentation control plan during construction to prevent
silt from entering streams and other wetland areas.
Thank you for the opportunity to provide input into the
review proceem. If I can be of further amsictance, contact me at
[phone].
WC/ofa