19960072 Ver 1_COMPLETE FILE_19960125

State of North Carolina
Department of Environment,
Health and Natural Resources FTYWA
•
4
ivision of Environmental Management
D
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N F1
A. Preston Howard, Jr., P.E., Director
February 9, 1996
Mecklenburg County
DEM Project # 960072
APPROVAL of 401 Water Quality Certification
WKB Charlotte, Inc
10503 Timberwood Circle
Suite 210
Louisville, KY 40223
Dear Sirs:
You have our approval to place fill material and drain 0.66 acres of wetlands or waters for the
purpose of creating an apartment complex at The Village of Troon, JF35 at Ballantyne Commons, as
you described in your application dated 1 February 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. 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 Dorney at 919-733-
1786.
Sincerely,
4ZkI. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Ahmad Jaafar; ESP Associates
960072.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
ESP ASSOCIATES, P.A.
10100 Park Cedar Drive Suite 154
P.O. Box 700
PINEVILLE, NORTH CAROLINA 28134
[phone]
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THESE ARE TRANSMITTED as checked below:
Cl For approval
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17r As requested
? For review and comment
Cl FORBIDS DUE
REMARKS
17 Approved as submitted
I I Approved as noted
I Returned for corrections
Il
1 Resubmit
El Submit
I I Return _
copies for approval
_ copies for distribution
corrected prints
19 F7 PRINTS RETURNED AFTER LOAN TO US
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ATTENTION
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the following items:
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January 22, 1996

Mr. John Dorney JAN 2 51996
Water Quality Planning i_- - -:
Division Of Environmental Management
N.C. Department Of Environment, Health, and Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
RE: THE VILLAGE OF TROON, JF35 AT BALLANTYNE COMMONS
Dear Mr. Dorney:
On behalf of our client, WKB Charlotte, Inc., we are requesting a nationwide
permit #26 from the Army Corps. Of Engineers for the development of a multi-family
residential condominium complex on a tract of 20.42 acres. There is an existing pond
on site and some small upland wetland areas as determined by a site visit, by Mr.
Steve Lund of The Army Corps. Of Engineers on January 17, 1996.
Approximately 9.66 acres total wetlands including surface pond areas, will be
affected by this project. Our project includes draining the existing pond and
constructing a new pond with surface area of 0.425 acres. This proposed pond will
have a permanent water level of 7' (+/-) with approximately 5' above this elevation
reserved for 10 years detention requirements for the 2 years & 10 years storm. The
pond will actually contain the 100 year storm with a permanent riser assembly and a
permanent 48" diameter discharge pipe.
At this time we would like permission to drain the existing pond, remove the
additional wetlands and reconstruct a new pond with permanent detention.
If you should have any questins or need further information, please call Ms.
Fuller or me at [phone]. Thank you for your time and assistance on this
project.
Sincerely,
ESP Associates, P.A.
/'?Ahmad Jaafar
cc: Mr. Max Williams, Mr. Steve Lund C:\wp60\el-jobs\jf35wet.AMJ
JF35 1-22-96
' 1
60072
DEM IDs ACTION IDs
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 1)1 26
JOINT APPLICATION FORA FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTNt CESAW-CO-E
Telephone [phone]
WATER QUALITY PLAN14ING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTNt MR. JOHN DORNEY +AN Z 5 wt)
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: WKB CHARLOTTE, INC.
2. OWNERS ADDRESSt 10503 TIMBERWOOD CIRCLE
SUITE 210
LUJISVILLE, KY 40223
3. OWNERS PHONE NUMBER (HOME)t
(WORK)t [phone]
4. IF APPLICABLEt AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBERt MAX WILLLIAMS, VICE PRESIDENT
7401 HURSTBOURNE GREEN DR.
C11ARLOTI'E. NC 28277
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTYt MECKLENBURG
NEAREST TOWN OR CITY? CHARI[Y1'T'F
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)t
PROJEC'T' is tACATEb ON THE CORNER OF BALLANTYNE COMMONS PARKWAY & ELM LANE
WEST ROAD (SR # 3649
6. NAME OF CLOSEST STREAM/RIVERt MCALPINE CREEK
7. RIVER BASINt CATAWBA RIVER
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( ) NO (X)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( J NO (X)
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITEt 0.66 Ac.
3/30/92
J
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLEDs 0.66 Ac
DRAINEDs
FLOODED:
EXCAVATEDs
TOTAL IMPACTED: 0.66 Ac.
12. DESCRIPTION OF PROPOSED WORK ,(ATTACH PLANS): DEVELOPMENT OF MULTI-
FAMILY RESIDENTIAL CONDOMINIUM COMPLEX.
13. PURPOSE OF PROPOSED WORKS TO BUILD A MULTI-FAMILY RESIDENTIAL
CONDOMINIUM COMPLEX.
1
4. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE ALSO
CARRIED
NOTE
MEASU WETLANDSLOPM ENT CAN NOT TAKE PLACE WITH L?.'AXIS ING ?3 ?Ecb '?fl v.
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 DEMs
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 STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? UNDEVELOPED LAND EXCEPT 1/2
MMI?LpE C,iAT?SAWAY?gMTFIFEEDD SHOPPING CEN'T'ER & A
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SE{EY pIS'P(jSAL7 RESIDENTIAL.
GRAVITY SEWAGE DISPOSAL.
O NER'S SIGNATURE DATE
MAX WILLIAMS

r
January 22, 1996
Mr. John Dorney . IAN 2 5 RE,
Water Quality Planning
Division Of Environmental Management
N.C. Department Of Environment, Health, and Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
RE: THE VILLAGE OF TROON, JF35 AT BALLANTYNE COMMONS
Dear Mr. Dorney:
On behalf of our client, WKB Charlotte, Inc., we are requesting a nationwide
permit #26 from the Army Corps. Of Engineers for the development of a multi-family
residential condominium complex on a tract of 20.42 acres. There is an existing pond
on site and some small upland wetland areas as determined by a site visit by Mr.
Steve Lund of The Army Corps. Of Engineers on January 17, 1996.
Approximately 0.66 acres total wetlands including surface pond areas, will be
affected by this project. Our project includes draining the existing pond and
constructing a new pond with surface area of 0.425 acres. This proposed pond will
have a permanent water level of 7' (+ /-) with approximately 5' above this elevation
reserved for 10 years detention requirements for the 2 years & 10 years storm. The
pond will actually contain the 100 year storm with a permanent riser assembly and a
permanent 48" diameter discharge pipe.
At this time we would like permission to drain the existing pond, remove the
additional wetlands and reconstruct a new pond with permanent detention.
If you should have any questins or need further information, please call Ms.
Fuller or me at [phone]. Thank you for your time and assistance on this
project.
Sincerely,
ESP Associates, P.A.
Ahmad Jaafar
cc: Mr. Max Williams, Mr. Steve Lund C:\wp60\e 1 -jobs\#35wet.AMJ
TF35
w'

1-•22-96
l1 /
DEM IDs ACTION IDs _
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT /):
7r,
JOINT APPLICATION rORM rOR
NATIONWIDE PERMITS THAT REQUIRE NOTIrICATION TO CORPS Or ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRO NT° l ALTNf
AND NATURAL RESOUR ? ;.
P.O. BOX 29535
RALEIGH, NC 27626-053 JAN ?_ 5
ATTNt MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO --?
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTHt CESAW-CO-E
Telephone [phone]
1. OWNERS NAMEt WKB CHARLOTTE, INC.
2. OWNERS ADDRESS: 10503 TIMBERWOOD CIRCLE
SUITE 210
LOUISVILL , KY 40223
3. OWNERS PHONE NUMBER (HOME)t
(WORK) :
[phone]
4. IF APPLICABLEt AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBERt MAX WILLLIAMS, VICE PRESIDENT
7401 HURSTBOURNE GREEN DR.
CHARLOTTE NC 28277
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: MECKLENBURG
NEAREST TOWN OR CITY t C'HARTLIPPE
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)t
PRO"TECI' IS LOCATED ON THE CORNER OF BALLANT'YNE COMMONS PARKWAY & ELM LANE
WEST ROAD (SR # 3649
6. NAME OF CLOSEST STREAM/RIVERt MCALPINE CREEK
7. RIVER BASINt CATAWBA RIVER
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( ) NO (X)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ) NO (X )
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 0.66 Ac.
3/30/92

-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLEDs 0.66 Ac
DRAINED:
FLOODED:
EXCAVATED: _
TOTAL IMPACTED:
0.66 Ac.

12. DESCRIPTION OF PROPOSED WORK ,(ATTACH PLANS): DEVELOPMEN'T' OF MULTI-
FAMILY RESIDENTIAL CONDOMINIUM COMPLEX.
13. PURPOSE OF PROPOSED WORK:
CONDOMINIUM COMPLEX.
'110 BUILD A MULTI-FAMILY RESIDENTIAL
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS
MMIACTIVITY MUST BE
CARRIED ouTDIEVELOPLM? CANANOT TAKNOTE E PLACE WITH TEX_ _TING WEPLANDECUNDIfPft.
IMPACTS.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NHFS) 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 NHFS 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 DEH:
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 STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? UNDEVELOPED LAND EXCEPT 1/2
MILE, E AWAY CAMFIEpLDD SHOPPING CENTER & A
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF-SEFTK POSAL? RESIDENTIAL.
GRAVITY SEWAGE DISPOSAL.
O N R'S SIGNATURE DATE
MAX WILLIAMS
ESP ASSOCIATES, P.A.
10100 Park Cedar Drive Suite 154
P.O. Box 700
PINEVILLE, NORTH CAROLINA `28134 RECEIVED
[phone] 4 S 1996
TO E1Nj?AX#&NTAi.4v1IzNt'tH
4t??f"e?ira? l?fatinrrw !RANCH
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WE ARE SENDING YOU ached ? Under separate cover via
??Shop drawings Fe Prints L 1 Plans
[71 Copy of letter CI Change order I_I

OATr /_??- JOB NO. JrF35
At IL.NIION
RI-
v?

I,
2 5?? I
1AX

the following items:
CI Samples 11 Specifications
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
? For approval
For your use
,X As requested
L1 For review and comment
? FORBIDS DUE
REMARKS
>
? PRINTS RETURNED AFTER LOAN TO US
_-'f I
COPY TO
RECYCLED PAPER. 1_
Contents: 40% Pre-Consumer - 10% Post-Consumer SIG
If enclosures are not as noted, kindly notify us at once.
Ci Att
-1 Approved as submitted
U Approved as noted
LI Returned for corrections
11
[-I Resubmit copies for approval
C Submit copies for distribution
1 1 Return corrected prints
19