19990411 Ver 1_COMPLETE FILE_19990428

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
r4i •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 10, 1999
Craven County
DWQ Project #990411
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr.Sanjay Mundra
First American hotels, Inc.
P.O. Box 38865
Greenville N.C. 27833-0865
Dear Sirs:
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You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.1 acres
of wetlands or waters for the purpose of constructing a hotel at US 70, as you described in your application dated 22 April 1999.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106.
This certification allows you to use Nationwide Permit Number 18 when the Corps of Engineers issues it. 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 Water shed regulations. This approval will expire when
the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
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.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 211.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. An additional condition is that a final, written stormwater plan including a wet detention basin must be approved
by DWQ before wetland (or stream) impacts occur. Also, before any building is occupied at the subject site the approved
stormwater treatment facilities shall be constructed and operational and the approved stormwater management plan shall be
implemented.
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 Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Domey at 919-733-1786.
nc
T. Stevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
John Dorey
Central Files
Todd St.John
Joey Lawler; Mitchell & Associates 990411.1tr
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
Mitchell an 'd Associates, Inc.
ENVIRON WENT;AL ` 0NSULTANTS
113 West 3rd St. a Greenville, K0. 2784 a 25t.192.4077 • Fax: [phone]
1121 Front Street • Wilmington, N.0; 28401 • 910:4.0602 a Fax: [phone]
mitcheli ft0envillenc..0M
April 22, 1999
Mr. John Dorney
Water Quality Certification Program PAYMENT
Department of Environment, Health RECEIVED
& Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
The purpose of this letter is for Mitchell & Associates, Inc., representing Mr. Sanjay Mundra,
to submit an application for the placement of fill material within approximately 0.10 acre of
Section 404 Department of the Army wetlands. The subject property is located west of U.S.
Highway 70, approximately 260' northeast of bridge over Slocum Creek, Number Six
Township, Craven County, North Carolina.
The purpose of the proposed fill in wetlands is to facilitate the construction of a proposed
commercial development and will result in the filling of approximately 4,356 square feet (0.10
acre) of jurisdictional wetlands. The applicant has considered alternatives to the placement of
fill material within wetlands, however, the proposed plan is the only applicable alternative
available to my client in order to make his proposed project viable.
Other alternatives considered were not economically viable, or not consistent with applicable
state and county requirements. The project has been designed to avoid an minimize
potential adverse effects to adjacent area wetlands, and additional measures will be
undertaken to ensure that the work in conducted in strict accordance with all permit
conditions pursuant to Nationwide Permit No. 18.
By copy of this correspondence and completed Pre-Discharge Notification p
requesting DWQ concurrence with this Nationwide No. 18 Permit reque
your time and attention to this matter, and if you have any questions ott
free to call. _..??S0
Sincerely,
Y
Mitch I & Associates, Inc.
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DEM ID: DEM ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 18
PRE-CONSTRUCTION NOTIFICATION
FOR NATIONWIDE PERMITS THAT REQUIRE: PAYMENT
1) NOTIFICATION TO THE CORPS OF RECEIVED
2) APPLICATION FOR SECTION 401
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE
AGENCY ADDRESSES SHEET)
1. OWNERS NAME: Sanjay Mundra - First American Hotels, Inc.
2. MAILING ADDRESS : Post Office Box 38865
SUBDIVISION: N/A CITY: Greenville
STATE : NC ZIP CODE : 27833-0865
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS SHOWN ABOVE):
West of U.S. Highway 70, east of Slocomb Creek, east of Wolf-Pitt Branch, City of Havelock,
Township No. 6, Craven County, N.C.
3. TELEPHONE NUMBER (HOME) : See Agent
(WORK) : 252.413.0002
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
MITCHELL & ASSOCIATES, INC.
ENVIRIONMENTAL CONSULTANTS
113 WEST 3RD STREET
GREENVILLE. N.C. 27858
[phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Craven
(7)
NEAREST TOWN OR CITY: Havelock
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
West of U.S. Highway 70, adh=jacent existing Service Road, appx. 260 feet northeast of bridge over
Slocum Creek, City of Hvelock, Township No. 6, Craven County, North Carolina.
6. IMPACTED OR NEAREST STREAM/RIVER: West prong of Slocum Creek
RIVER BASIN: Neuse
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)?
IF YES, EXPLAIN: No
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?
No
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY, WHAT IS THE
LAND USE PLAN (LUP) DESIGNATION?
Urban Transitional
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT
AND ANY ADDITIONAL INFORMATION (INCLUDE A PHOTOCOPY OF 401 CERTIFICATION):
No
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? IF YES, DESCRIBE ANTICIPATED WORK:
No
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
7.616
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS ON PROJECT
+/-0.7
10a. NUMBER OF ACRES OF WETLANDS TO BE IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.10 EXCAVATION: NA
FLOODING: NA
DRAINAGE: NA
OTHER : NA
TOTAL ACRES TO BE IMPACTED: 0.10
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE (FT) : NA LENGTH AFTER (FT) : NA
WIDTH BEFORE (BASED ON NORMAL HIGH-WATER CONTOURS - FT.): NA
WIDTH AFTER (FT): NA
AVERAGE DEPTH BEFORE (FT): NA
WIDTH AFTER (FT): NA
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (YES TO ALL THAT APPLY):
OPEN CHANNEL RELOCATION: NA PLACEMENT OF PIPE IN CHANNEL: NA
CHANNEL EXCAVATION: NA CONSTRUCTION OF DAM/FLOODING: NA
OTHER : NA
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING THE POND? NA
WHAT IS THE EXPECTED POND SURFACE AREA? NA
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH 8-1/2" X 11" DRAWINGS):
Placemnent of 0.10 acre of clean earthen fill material in wetlands.
13. PURPOSE OF PROPOSED WORK:
To facilitate constrcution of proposed commercial development.
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IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Wetland area to be affected is located in such a manner as to render proposed project completely
unviable without placement of fill material. All applicable sediment and erosion control methods will
be employed as per compliance with NWP-18.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
SPECIES OR CRITCIAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
OF ANY FEDERALLY LISTED OR PROSED FOR LISTING ENDANGERED OR THREATEDNED
PROPOSED PROJECT. DATE CONTACTED.
Yes - 4/22/99
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. DATE CONTACTED:
Yes- 4/22/99
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
No
A. IF YES DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
No
B. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
NA
IF ANSWER TO 17B IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, N.C. DEPT.
OF ADMINISTARTION, 116 W. JONES ST., RALEIGH, N.C. 27603-8003
TELEPHONE [phone].
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PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED FILL MATERIAL
INTO WETLANDS:
A. WETLAND DELINEATION MAP.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS
TO BE IMPACTED BY PROJECT.
C. ALL RELEVANT DATA SHEETS
D. ATTACH COPY OF STORMWATER MANGEMENT PLAN IF REQUIRED.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Commercail and residential
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
City Sanitary sewer
G. SIGNED AND DATED AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE 20 COASTAL COUNTIES ONLY), A LETTER FROM THE N.C.
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE N.C. COASTAL MANAGEMENT PROGRAM.
OWNER'S/A ENT'S SI ATURE
41 221 I 1
DATE
AGENTS SIGNATURE VALID ONLY IF AUTHORIZATION
LETTER FROM OWNER IS PROVIDED.
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