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HomeMy WebLinkAbout20000640 Ver 1_COMPLETE FILE_20000517BROOKS, PIERCE, MCLENDON, HUMPxREY & LEONARD, L.L.P. ATTORNEYS AND COUNSELLORS AT LAw RALEIGH OFFICE TELEPHONE: (336) 373-8850 F'OUNDED1897 1600 FIRST UNION CAPITOL CENTER FACSIMILE: (336) 376-1001 ISO FAYETTEVILLE STREET MALL (27601) 2000 RENAISSANCE PLAZA POST OFFICE BOX 1800 (27602) WRITER'S DIRECT DIAL RALEIGH, NORTH CAROLINA 230 NORTH ELM STREET (919) 839-0300 FACSIMILE (919) 839-0304 POST OFFICE BOX 20000 GREEN5HOR0, NORTH CAROLINA 27420 NOV 1520 November 14, 2000 (336) 271-3180 Kerr T. Stevens, Director ATTN: Cyndi Karoly, Wetlands/401 Unit Department of Water Quality NC DENR 4401 Reedy Creek Road Raleigh, NC 27607 Re: American Hebrew Academy (DWQ Project #000640) Dear Mr. Stevens: I would like to thank you and your staff for the opportunity to work with your staff in resolving the 401 Water Quality Certification Regulatory issues on the American Hebrew Academy project. For the record, American Hebrew Academy has asked me to notify your agency that there has been no impact to streams on the American Hebrew Academy project, even though the Water Quality Certification authorizes the placement of fill in 130 linear feet of streams. We understand that American Hebrew Academy, through site design, completely avoided the placement of fill material in streams. Thank you for your assistance. Sincerely, V. Randall Tinsley VRT/rwh cc: Mr. Glenn Drew 262493.1 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director IT NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 27, 2000 Guilford County DWQ Project # 000640 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Glen Drew American Hebrew Academy Post Office Box 700 Burlington, NC 27216 Dear Mr. Drew: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.0133 acres of wetlands and 130 linear feet of streams for the purpose of developing the American Hebrew Academy at the former Jefferson Pilot property as described in your revised application dated May 11. 2000 and revised on June 13. 2000 and updated on September 26, 2000 with a letter from Randy Tinsley. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3101 and 3108. These certifications allow you to use Nationwide Permit Numbers 12 and 26 when the Corps of Engineers issues them. 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 Certification replaces one issued to you on June 22, 2000. 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 2H .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 remaining jurisdictional wetlands and streams 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). If you do not accept any of the conditions of this certification, you may ask for an ad judicatory 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 Dorney at 919-733-9646. Sincerely, Attachment Kerr T. Stevens cc: Corps of Engineers Raleigh Field Office Winston-Salem DWQ Regional Office File copy Central Files Todd St. John Denise Poulus; ECS, Ltd. Mary Dee Caraway; NC Attorney General's Office Wetlands/401 Unit • 4401 Reedy Creek Road • Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 ? • AWN% NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 27, 2000 Guilford County DWQ Project # 000640 APPROVAL, of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Glen Drew American Hebrew Academy Post Office Box 700 Burlington, NC 27216 p? Dear Mr. Drew: A-" You have our approval, in accordance with the attached conditions and those listed below, to place fill m?terial in 0.0138 acres of wetlands and 130 linear feet of streams for the purpose of developing the American Hebrew Academy at former Jefferson Pilot property as described in your revised application dated May 11, 2000 and revised on June 13, 2000 and updated on September 26, 2000 with a letter from Randy Tinsley. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3101 and 3108. These certifications allow you to use Nationwide Permit Numbers 12 and 26 when the Corps of Engineers issues them. 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 Certification replaces one issued to you on June 22, 2000. 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 2H .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. t. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams 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). If you do not accept any of the conditions of this certification, you may ask for an ad judicatory 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 Dorney at 919-733-9646. Sincerely, Attachment Kerr T. Stevens cc: Corps of Engineers Raleigh Field Office Winston-Salem DWQ Regional Office File copy Central Files Todd St. John Denise Poulus; ECS, Ltd. Mary Dee Caraway; NC Attorney General's Office Wetlands/401 Unit • 4401 Reedy Creek Road • Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Glen Drew 1 Iffl?WAA • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND 02, 7MTe'42, 2000 Guilford County DWQ Project # 01 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS American Hebrew Academy Post Office Box 700. Burlington, NC 27216 '4 4L3 Dear Mr. Drew: NATURAL RESOURCES I ? a ? ? ?W? __ ocsts a?+? You have our approval, in accordance with the attached c itions and those lis d below, to place fill material in 0.0138 acres of wetlands and 130 linear feet of streams for the purpose of dev oping the American He mw Academy at former Jefferson Pilot property as described in your revised application dated May 1 I, 2000 d revised on June 13, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certi anon Numbers 3101 and 3108. These certifications allow you to use Nationwide Permit Numbers 12 and 26 when the Corps of Engi ers issues them. In addition, you should get any other federal, state or local permits before you go ahead with your project including ut not limited to) Sediment and Erosion Control, Coastal Stormwater. Non-Discharge and Water Supply Water shed regulations. This a roval 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 2H .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 remaining jurisdictional wetlands and streams 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). An additional condition is that a final, written stormwater management plan shall be approved by this Office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, 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 Dorsey at 919-733-9646. Attachment S' rel Stevens cc: Corps of Engineers Raleigh Field Office Winston-Salem DWQ Regional Office File copy Central Files Todd St. John Denise Poulus; ECS, Ltd. WD Ikk bA_lXU)U 10 ( 40f 4? )5AQAJ' Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper ?SEP. 26.2000 1: 01PM BROOKS HiEHC E J:: L J-rU 1ee1 Brooks Pierce McLendon Hump 230 North Elm Street, Poct OM Greensboro, North Carolina (336) 373-8850 Fax: (338) FAX TRANSMITTAL CC To: Mr. John Dorney Fax #: (919) 733-9959 From: V. Randall Tinsley Date: September 26, 2000 Re: 1128/12616 Number of Pages, including cover sheet: MESSAGE: Please see the ail ad. V 'ff?VA? 15 h?y pil atit? (-I, ;VW wz u If you should have any problems with this Diana Flores, (336)-373-8850 Ext. 4150. Confidentiality Not! The information contained In fax transmittal Ta priv8eged addressee only. N you are neither the intended recipient for dePvering this message to the intended recipient, any prohibited. If you have received this fax in error, please i information Immediately. 256965.1 I'IV . Gz?rJ r . 1 (0 / I rey & Leonard, L.L.P. i Box 26000 -1001 R SHEET \ (l c Thank you. ?'Yy \?y Ise al, please call: confid ntial and is intended for the the em layee or agent responsible 3losure f this Information Is atriotly 'y the p rson tranerrdtting the %SEP.26.2000 1001PM BROOKS PIERCE 336 37B 1001 ? 1 111U. C010 T-.c Baooss,.F,=n , MGLr"oN, H ==w & LzOXAI a, =Imp. LP. MOLp1DD11, JR. FORRLOTW, La1MPBELL. JR. A-262".aAm Ommmm ATL&P AUMftV L IROOKO (10741-1090) HUBEITTNIIM11'NRlV NARCUOW,TRATHEN W.K. HOLDERNESB Owoo-12001 eDOAR 0. FISHER, JR. JOAN O. DROOKO i,d'OFaBD i8D LP. MOLCNOON (1009.19981 W. ERWIN ?ULU* AL CLLEN P. HAMRICIL K%NNETN M. BRIM 11200-y7IN JANp T. WILUAMB, JR. JAMB C. ADAMS, 11 C.T. LCONARD. JR. 0929-19931 WAN H. HAROROVE ALLIOON M.ORIMM Pon CFI= Box CLAUOC C. PIERCE 11613.141901 M, DANIEL MCGINN GLIZARETN 0. 0REWINOTON TNORNTON M. 01VOK01101!-12081 MIONAEL 0. M., - N, ARTHUR SOWCK 11 GWZZ10 C=0, NORM L=& e74eO G. NEIL pm;cw 11811.19071 WILUAM 01 MGMAIRT NATABNA RATH MARGJf ILCMARD O. WINOLOW 111 JOHN M. eRO? JR, ''?-sawvw?y (.'x'99) aQ MONARD (- WkL1AM9 JCNNIMM ICVAN !ANT efth Ew. House WILLIAM P.14 CARP KrARNO DAV18 FeO rx ?OOA) 1!7 1001 OFMCCADVA0001 , Re1D1-PHILLIPS DAVID W. BAR NATMLaNKTNORNTON 20MFUTA89ANCEPLAZA, ROBGRTA. 111N91011 on" J. MOL111,(,AN E.10 NORM ELM OTRECT JOHN H. SMALL LI OIt JUNIPER L OO ORECAMORO. N.C. e74101 RAAILLA. YNDOIWOOD KV DAVID KUONNM e, WDON RODBNSONON IV DDIDLJ.ALLGN WIL4NN 0.90101 JR. LAFOUZTM CARMTH V MARK J. PRAK JIy.,R.W1600N . ONOLRa O"fg o. OFRO6 AL20 IN MMO 0. 810NOP HAROLD H. CH9M rOSWRAMM 0 26 t b S 0 RALEION, NORTH CAROYNA P40 .,IM W, P14ILUft9, JR. MMi1LSPGIUN9 TKA snN01-1f er , ep em D.e WASHINGTON, M V NIK ROSERTW,QALINOM D IDIH)N MARK kK DA DAVIDSNUE .114IM JAMGJa R. 8?11MTOINO JCMNIROI T. MARROID J-00M W, OIIMAND 111 MATMeW O, 081SLNi W19TERW8 DIRECT DIAL RORIMT J. KIN$ III CMARLL/ C C00LIE •TMNJ.ILV TA{ JOHN N• OMNCM V. FANDAIJ."NOLCT CLINTON R, PINVAN 3180 271 6 JOHN P. AROMMawLT Kamm V. P~M - (33 ) 0. KVIi WOOELEV ANDREW KIRKSU"NO Via Facsimile (919) 733-9959 W. John Dorney DENR Division of Water Quality WetlaucW401 Unit 4401 Reedy Creek Road Raleigh, NC 27607 Re: American Hebrew Academy DWQ #000640 - Guilford County Dear Mr. Domey: Anderson & Associates, Inc. has determined imp 'ous area at AmericanHebrew Academy to be approximately 28% (report enclosed). Please note th it a substantial portion of the impervious area drains in sheet flow to grassed and forested areas. 7 portion of impervious area that does not drain as sheet flow represents only about 23% of the total area. Based on the foregoing, we request written co ation tbat stormwam management 108 which authorizes American #3 requirements are not conditions of Water Quality Certifrtio, Hebrew Academy to fill approximately one hundredth - ° - , -rc of low quality wetland, I look forward to hearing from, you in regard Enclosure 256777.1 seFOEP.26.20001: 1:02PM BROOKS PIERCE JJ6 ;J"rti 1001 j 336Z9974?r?.c?r? P. ;I F = Ii ANDERSON A e AND profewonal Design 3arvion ASSOCIATES. INC. IMPERV10US AREA SUMMARY: I STUDENT RESIDENCES: 42 O 10096 S.F. EACH 424.032* } WAREHOUSE: 1.8131 SECURITY: CARETAKER 1.8131 AMPHITHEATRE: 9.6941 28 DINING PAVILION: 9*. Wa09 18 STUDENT UNION: . 160* f 17 SYNAGOGUE: HEADMAS'TER'S RESIDENCE: . 3,1951 2531 9 INFIRMARY: VISITING SCHOLAR'S RESIDENCE: , I 8.1671 5121 58 TENNIS COURTS: . BLEACHERS: 3 8.9; 681 91 1 f 3 GYMNASIUM: ROOMS AND SURROUNDING FIIIRDSCAPE: CCS . i i 267.6111 8971 9 ? FACULTY RESIDENCES: 5 O 2846 S.F. E004 . 14.2301 9091 12 FACULTY APARTMENTS: . 0:725:b ADMINISTRATION: 7781 13 BOATHOUSE: INTERIOR ROADWAYS AND PARKING: , i 504.1581 FOOTPATHS: 1973 L.F. O 10 FT. WIDE 22.5401 TOTAL IMPERVIOUS AREA: 11,508.5":1 Sy. = 34-631 ACRES TOTAL SITE AREA: 1 4.356,4261 S.F. • 100.011 ACRES ADDITIONAL CONTIGUOUS PROPERTY 122.26:k ACRES TOTAL- ' 122.27.+ ACRES PERCENT IMPERVIOUS: 128.32f'.K + JEFERSON VILLAGE OWNERS AS50CIATiON OWNS 52.32 ACRES. AMERICAN MEBREW ACADEMY HAS 329 ACRES OF WHICH 32.0 ACRES IS WATER CONTROL OF THE 5 42.53 R OF THE INTEREST AND . AND 20.329 ACRES IS GRASSED OR WOODED. i 7349-F W, Friendly Av*.. Greensboro, NC 27410 (336)2 INadcsburg, Frederkkaburg, Mlddlemwn b Rkhmond, Virginia t 184 (0 299-7415 fax www.andaeaoo.o" ambom. North OlMoma . Trl-CI086, TenrNaam 09r26100 TUE 11:03 ITX/RX NO 98033 Z003 SWISEP.26.20001 : 1:0?-PM bKOOKS FILNUL ddb d(C 1001 y ybc%Itl-I9 111.1 U F' • s WAN NDERSON e e D professional Design Services ASSOCIATES. INC. IMPERylous AREAS THAT DR-AWN K-511ELI; 1-60 STUDENT RESIDENCES: 20 O 10006 S.F. EACH 209 624f AMPHITHEATRE: DINING PAVILION: 29,442d: : STUDENT UNION: 81 167* VISMNG SCHOLAR'S REMPENCE: 265.0321 S.F. 6.151 ACRES SHEkT FLOW IMPERVIOUS AREA: TOTAL IMPERVIOUS AREA: PERCENT OF IMPERVIOUS AREA THAT DRAINS IN SHEET FLOW: An Ernooyes-Owrad 7349-F W. Friendly Ave., Greensboro. NC 21410 (338) 291 Blecksbur+l, PrededcMbwg, LWdWAM & Richmond. Virginia • 34.au ACRES 17.70% 7184 (336) 2W741 S fax www.endessoc.com nsboro, Not1 h CeroOne - Tri- A", Tenn"" /26/00 TUE 11:03 [TI/RI NO 00031 Q002 Aineiican Hebrev Subject: American Hebrew Date: Mon, 23 Oct 2000 09:36:52 -0400 From: "MARY CARRAWAY" <MCARR@mail.jus.state.nc.us> To: <john.domey@ncmail.net> John, I spoke with opposing counsel on this. They will withdraw their petition as soon as w Thanks. Mary Dee Carraway 716-6967 l ?(J 1 of 1 10/27/00 9:07 AM r ' 14 TO: 13radle ennett lt?` ??Oy FROM: .lanet D. Leach d a 6,&S- Memorandum SUBJECT: NOTICE TO DWQ OF PETITION FOR A CONTESTED CASE_.HL:ARING DATE: August 11, 2000 - E t it ? n i Petitioner: American Hebrew Academy, Inc. County of Guilford The petition for the above case was recently forwarded to this office from OAH. The attorney representing the state in this matter is Mary Dee Carraway. The hearing is scheduled for the week of December 18, 2000. In the event the case is not settled before the above mentioned hearing date, we will be gathering information to prepare us for the court date. This information will include, but is not limited to the CPA and/or permit, all documentation leading up to the issuance of the CPA and/or information concerning the permit, photos, correspondence and a list of witnesses. If this documentation is routed through your office to someone else, please have that person contact me immediately so that I will know who to communicate with for further information concerning this case. Thank you for your cooperation in this matter. cc: Tommy Stevens Coleen Sullins 'k ,Reply to, lanct 1)I cads. Paralegal E !1 i Statc ol' North Carolina ~1, -0 q t nttorncy General's Mike %r. I .? 2000 ` °aw I:nvironmcntal Division Tcl: (919) 716-6948 t.,i? Fax: (919) 716-6766 ,t-0 j( . STATE OF NORTH CAROLINA COUNTY OF (1) GUILFORD IN THE OFFICE OF OFFICE of ADMINISTRATIVE HEARINGS :AUs 12„3 ^"U (2) AMERICAN HEBREW ACADEMY, INC., PETITIONER, v. (3) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (••DENR") RESPONDENT. 01TITION )ov?t?fV1 jy,? FOR A CONTESTED CASE HEARING R E C E 1 vEED" 1 3 20C, J RAL (4) 1 hereby ask for a contested case hearing as provided for by North Carolina General Statute § 1506-23 because the Resi;&&MWntal Division through its Division of Water Quality, done the following: (I ) on June 22, 2000, issued written concurrence that American Hebrew Academy's project (DWQ Project 0006,10) (the "Prefect") is authorized by general water quality certifications Number 3101 and Numher 3108. but added conditions that are erroneous and improper: and (2) issued a letter dated August 8, 2000, which erroneously and improperly interprets and applies applicable statutes and rules, the certifications, and certification conditions to the American Hebrew Academy project. The objectionable actions of Respondent include, but are not limited to those described in ATTACHMENT A. Because of these facts. the State agency or board has: X deprived me of property; X exceeded its authority or jurisdiction; ordered me to pay a fine or civil penalty; or X acted erroneously; X otherwise substantially prejudiced my rights; AND (5) Date: August 21, 2000 (7) Print your full address: P.O. Box 26000, (street address/p.o. box) X failed to use proper procedure; X acted arbitrarily or capriciously; or X failed to act as required by law or rule. (6) Your phone number: (336)373-8850 Greensboro, NC 27420-6000 ............... city) (state) (zip) (S) Print vour name: William G. Ross. Brooks. Pierce, `vIcLendon. Humphrey & Leonard. L.L.P.. Attomey for Petitioner ?'?'v/ / .... ? ..... ..... ............... . (9) Your signature: ......... You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or board to determine the name of the person to be served. CERTIFICATE OF SERVICE I certify that this Petition has been served on the State agency or Board named below by depositing a copy of it with the United States Postal Service with sufficient postage affixed OR by delivering it to the named agency or board: (10) Mr. Daniel F. NIcLawhorn Registered Agent and General Counsel (name of person served) (11) DENR (State agency or board listed on line 3) (12) 1601 Mail Service Center, Raleigh, NC 27699-6714 (street address/p.o. box) (city) (state) (zip) NIr. Kerr T. Stevens Director, Division of Water Quality (name of person served) DENR (State agency or board listed on line 3) 1617 Mail Service Center, Raleigh, NC 27699-1641 (street address/p.o. box) (city) (state) (zip) (13) This the 21st day of august, 2000. ' (14)x... f..... ...................................... (your signature) When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. An Equal Employment Opportunity Employer 252912.1 ATTACHMENT A The American Hebrew Academy has gone to extraordinary lengths to create an environmentally friendly campus that minimizes impervious surfaces, maximizes preservation of the natural biota, requires the use of electri c-powered vehicles on campus, incorporates a geothermal system to minimize energy consumption, and has otherwise taken extraordinary steps to protect the natural environment. 2. The total project impacts to waters and wetlands are the following: a) only 0.0138 acre of fill in wetlands; and b) zero stream impacts. 3. The written concurrence incorrectly states that the Project will impact 130 linear feet of stream 4. The Project satisfies all of the requirements under General Certification Number 3108 (for wetland fills under \`WP 26) so that no written concurrence is required pursuant to General Certification Number 3108. 5. The Project satisfies all of the requirements under General Certification Number 3101 (for utility crossings under NNWP 12 or Regional Permit 198100049), except that a sewer line crosses a stream at an approximate 45 degree angle, instead of the required minimum angle of 75 degrees. 6. The angle of the sewer line crossing is the only legitimate basis for requiring written concurrence and for imposing additional conditions. There is no rational relationship whatsoever between the angle of the sewer line crossing and the imposition of on-site stormwater management requirements as additional conditions. 7. The existing 22-acre manmade pond and the baffle system immediately upstream of the pond already provide for 85% TSS removal and have been approved by the City of Greensboro as satisfying all stormwater management requirements and fully protecting Greensboro's water supply. 8. The State is usurping the City's jurisdiction and the City's Environmental Management Commission approved stormwater program. 9. Compared to the original plans submitted to and approved by DENR, there is actually less development but the same or more stormwater management on the entire site (AEA tract and other tracts), making the requirements imposed by the written concurrence and the letter dated August 8, 2000, inequitable and arbitrary. 10. AHA has a vested right, having spent approximately 5350,000 on stormwater management facilities, including AH A's share of dam improvements for the pond, and having committed the school to paying a pro rata share of stormwater facility maintenance into the future, all in reliance on the State's position that the pond and associated facilities would satisfy stormwater management requirements. 11. DENR has not required on-site stormwater management at an adjacent elementary school site, although the American Hebrew Academy and the other school will have essentially the same amounts of impervious surface. DENR personnel cite to an unwritten DENR policy to not require on-site stormwater management for elementary schools because students do not drive to school, thus minimizing pollution of stormwater runoff from such sites. The American Hebrew Academy is a boarding school for Jewish high school students who live at school and therefore do not drive to school and, moreover, are not driven to school by parents. friends, or school buses. H-06 (10/92b2912.1 TO: FROM: SUBJECT: DATE: Petitioner Bradley Bennett Janet D. Leach Memorandam NOTICE TO DWQ OF PETITION FOR A CONTESTED CASE HEARING August 11, 2000 American Hebrew Academy, Inc. County of Guilford The petition for the above case was recently forwarded to this office from OAH The attorney representing the state in this matter is Mary Dee Carraway. The hearing is scheduled for the week of December 18, 2000. << S E P 1 3 2000 In the event the case is not settled before the above mentioned hearing date, we will be gathering information to prepare us for the court date. This information will include, but is not limited to the CPA and/or permit, all documentation leading up to the issuance of the CPA and/or information concerning the permit, photos, correspondence and a list of witnesses. If this documentation is routed through your office to someone else, please have that person contact me immediately so that I will know who to communicate with for further information concerning this case. Thank you for your cooperation in this matter, cc: Tommy Stevens Coleen Sullins Reply to: lanct D. beach. Paralegal Statc ol'North Carolina Attorncv Gencral's office Environmental Division fel: (919) 716-6948 Fax: (919) 716-6766 N f ?.' eA- / ` /f ton STATE OF NORTH CAROLINA COUNTY OF (1) GUILFORD n IN THE OFFICE OF ADMINISTRATIVE HEARINGS AUG 23 Vol (2) AMERICAN HEBREW ACADEMY, INC., PETITIONER, (3) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ("DENR") RESPONDENT. }?u11?,+ _' _!i3 t:'; ... I'STITION FOR A CONTESTED CASE HEARING RECEIVED L: a 20N ._?-r.?r.w?rV r?CAICRAL (1) l hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Res,&* ntal Division through its Division of Water Quality, done the following: (I) on June 22. 2000, issued written concurrence that American Hebrew Academy's project (DWQ Project 0006,10) (the "Project") is 2uthorized by general water quality certifications Number 3101 and Number 3108. but added conditions that are erroneous and improper; and (2) issued a letter dated August 8,'_000, which erroneously and improperly interprets and applies applicable statutes and rules, the certifications, and certification conditions to the American Hebrew Academy project. The objectionable actions of Respondent include, but are not limited to those described in ATTACHMENT A. Because of these facts. the State agency or board has: X deprived me of property; X exceeded its authority orjurisdiction; _ordered me to pay a tine or civil penalty; or X acted erroneously; X otherwise substantially prejudiced my rights; (5) Date: August 21, 2000 (7) Print your full address: P.O. Box 26000, (street address/p.o. box) X failed to use proper procedure; X acted arbitrarily or capriciously; or X failed to act as required by law or rule. aN D (6) Your phone number: (336)373-880 Greensboro, ';C 27420-6000 ............... (city) (state) (zip) (S) Print your name: William G. Ross. Brooks, Pierce, McLendon. Humphrey & Leonard. L.L.P.. Attorney for Petitioner ?..... .. (9) Your signature: .l/..!?-?1J?;-. / . / You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or board to determine the name of the person to be served. CERTIFICATE OF SERVICE I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service with sufficient postage affixed OR by delivering it to the named agency or board: (10) Mr. Daniel F. NIcLawhorn Registered Agent and General Counsel (name of person served) (11) DENR (State agency or board listed on line 3) (12) 1601 Mail Service Center, Raleigh, NC 27699-6714 (street address/p.o. box) (city) (state) (zip) N1r. Kerr T. Stevens Director, Division of Water Quality (name of person served) DENR (State agency or board listed on line 3) 1617 Mail Service Center, Raleigh, NC 27699-1641 (street addressrp.o. box) (city) (state) (zip) (13) This the 21st day of August, 2000. ' .. ...................................... your s,unaiure) When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. An Equal Employment Opportunity Employer 25'_912.1 ATTACHMENT A The American Hebrew Academy has gone to extraordinary lengths to create an environmentally friendly campus that minimizes impervious surfaces, maximizes preservation of the natural biota, requires the use of electric-powered vehicles on campus, incorporates a geothermal system to minimize energy consumption, and has otherwise taken extraordinary steps to protect the natural environment. 2. The total project impacts to waters and wetlands are the following: a) only 0.0138 acre of fill in wetlands; and b) zero stream impacts. 3. The written concurrence incorrectly states that the Project will impact 130 linear feet of stream. 4. The Project satisfies all of the requirements under General Certification Number 3108 (for wetland fills under \i-WP 26) so that no written concurrence is required pursuant to General Certification Number 3108. 5. The Project satisfies all of the requirements under General Certification Number 3101 (for utility crossings under'NWP 12 or Regional Permit 198100049), except that a sewer line crosses a stream at an approximate 45 degree angle, instead of the required minimum angle of 75 degrees. 6. The angle of the sewer line crossing is the only legitimate basis for requiring written concurrence and for 11 imposing additional conditions. There is no rational relationship whatsoever between the angle of the sewer line crossing and the imposition of on-site stormwater management requirements as additional conditions. 7. The existing 22-acre manmade pond and the baffle system immediately upstream of the pond already provide for 85% TSS removal and have been approved by the City of Greensboro as satisfying all stormwater management requirements and fully protecting Greensboro's water supply. 8. The State is usurping the City's jurisdiction and the City's Environmental Management Commission approved stormwater program. 9. Compared to the original plans submitted to and approved by DENR, there is actually less development but the same or more stormwater management on the entire site (AHA tract and other tracts), making the requirements imposed by the written concurrence and the letter dated August 8, 2000, inequitable and arbitrary. 10. AHA has a vested right, having spent approximately 5350,000 on stormwater management facilities, including AH A's share of dam improvements for the pond, and having committed the school to paying a pro rata share of stormwater facility maintenance into the future, all in reliance on the State's position that the pond and associated facilities would satisfy stormwater management requirements. 11. DENR has not required on-site stormwater management at an adjacent elementary school site, although the American Hebrew Academy and the other school will have essentially the same amounts of impervious surface. DENR personnel cite to an unwritten DENR policy to not require on-site stormwater management for elementary schools because students do not drive to school, thus minimizing pollution of stormwater runoff from such sites. The American Hebrew Academy is a boarding school for Jewish high school students who live at school and therefore do not drive to school and, moreover, are not driven to school by parents, friends, or school buses. H-06 (10/99b2912.1 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director ALTI?I;W'j• A* , NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 29, 2000 Mr. Randy Tinsley Brooks, Pierce, McLendon, Humphrey & Leonard Post Office Box 26000 Greensboro, NC 27420 Re: American Hebrew Academy project Stormwater requirement Guilford County DWQ# 000640 Dear Mr. Tinsley: Thank you for your letter of August 24, 2000 concerning the regulatory rationale for on-site stormwater for this project. DWQ's authority to require on-site stormwater management does not relate to the sewer line approval as the letter states. However the access road which was approved in our Certification Number 3108 under Nationwide Permit 26 on June 22, 2000 enables DWQ to condition the approval to require on-site stormwater management. Therefore the Certification and its conditions are still in force as outlined in our recent (August 8) letter. Frankly this continuing struggle with the American Hebrew Academy to conduct on-site stormwater management is puzzling. It seems logical to me that that the Academy would want strict stormwater controls from their site as well as within the upstream watershed in order to assure that water quality in the lake would remain acceptable especially since the lake is a central focus of the campus. These continuing attempts to avoid this responsibility are disconcerting to our (DWQ and the Academy) mutual goal of protecting water quality in the lake. Please respond to our August 8, 2000 letter which outlined several options for on-site stormwater management so we can complete our action on this project. I can be reached at (919) 733-9646 if you have any questions. orney Cc: DWQ Winston-Salem Regional Glen Drew, American Hebrew Denise P tdemy oulos, ECS Central Files File Copy Wetlands/401 Unit • 4401 Reedy Creek Road • Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 .An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper B$OOHS, PIE13cE, McLENDON, H-umpH BEY & LEONARD, L.L.P. LP. MCLENDON, JR. FORREST W. CAMPBELL, JR. ATTORNEYS AND COUNSELLORS AT LAW AUBREY L. BROOKS (1672-1969) HUBERT HUMPHREY MARCUS W. TRATHEN W.H. HOLDERNESS (1904-1966) EDGAR B. FISHER, JR. JEAN C. BROOKS FOUNDED 1897 L,P. MCLENDON (1690.1966) W. ERWIN FULLER, JR. ELLEN P. HAMRICK KENNETH M. BRIM I169e-19741 JAMES T. WILLIAMS, JR. JAMES C. ADAMS, II C.T. LEONARD, JR. II929-1963) WADE H. HARGROVE ALLISON M. GRIMM POST OFFICE BOX 26000 CLAUDE C. PIERCE (I9I 3-1966) M. DANIEL MCGINN ELIZABETH S. BREWINGTON THORNTON H. BROOKS (1912.1966) MICHAEL D. MEEKER H. ARTHUR BOLICK 11 GREENSBORO. NORTH CAROLINA 279x20 G. NEIL DANIELS (1911-1997) WILLIAM G. McNAIRY NATASHA RATH MARCUS EDWARD C WINSLOW III JOHN M. CROSS, JR. TELEPHONE (336)B73-8850 HOWARD L. WILLIAMS JENNIFER K. VAN ZANT GEORGE W. HOUSE KEARNS DAVIS FACSIMILE: (33O) 378-1001 WILLIAM P.H. CARY DAVID W. BAR OFFICE ADDRESS: REID L PHILLIPS KATHLEEN M. THORNTON 2000 RENAISSANCE PLAZA ROBERT A. SINGER BRIAN J. MCMILLAN 230 NORTH ELM STREET JOHN H. SMALL JENNIFER L. BOLICK GREENSBORO, N.C. 27401 RANDALL A. UNDERWOOD DAVID KUSHNER S. LEIGH RODENSOUGH IV DEREK J. ALLEN WILLIAM G. ROSS, JR. MARKJ. PRAK ELIZABETH V. LAFOLLETTE JILL R. WILSON GINGER S. SHIELDS OFFICES ALSO IN MARC D. BISHOP HAROLD H. CHEN RALEIGH, NORTH CAROLINA JIM W. PHILLIPS, JR. COE W. RAMSEY August 24, 2000 AND MACK SPERLING NATALIE KAY SANDERS WASHINGTON, D.C. JEFFREY E. OLEYNIK ROBERT W. SAUNDERS MARK DAVIDSON DAVID SHUB JAMES R. SAINTSING JENNIFER T. HARROD JOHN W. ORMAND I I I MATTHEW G. BIBBENS WRITER'S DIRECT DIAL ROBERT J. KING III CHARLES E. COBLE STEVEN J. LEVITAS JOHN M. D.ANGELIS V. RANDALL TINSLEY CLINTON R. PINYAN JOHN R. ARCHAMBAULT KATHRYN V. PUROOM (336) 271-3180 S. KYLE WOOSLEY ANDREW KIRK SUSONG VIA FACSIMILE Mr. John Domey DENR Division of Water Quality Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, NC 27607 Re: American Hebrew Academy DWQ #000640 - Guilford County Dear Mr. Dorney: G,?s z? I have reviewed the American Hebrew Academy plans and the written concurrence from your office that General Certification 3108 authorizes fill in about one hundredth of an acre of low quality wetland and that General Certification 3101 authorizes a sewer line stream crossing. The written concurrence imposes additional conditions, including possible additional stormwater management requirements. It appears that the written concurrence (with additional conditions) from your office dated June 22, 2000 (DWQ Project Number 000640) may have been triggered by the sewer line which is planned to cross a stream at an angle of approximately 45 degrees to the stream channel, instead of the 75 to 90 degree angle that may be required for approval without written concurrence under General Certification 3101. However, Water Quality Certification 3101 specifically provides the following: Stormwater management will not be required for this Certification. 253312.1 Mr. John Dorney August 23, 2000 Page 2 It therefore appears that the inclusion of potential stormwater management requirements may have been inadvertent. I did not find any other features of the American Hebrew Academy project that would have triggered a requirement for written concurrence. We also note that the City of Greensboro has imposed substantial stormwater management requirements and has determined those requirements to be sufficient. Based on the foregoing, we request written confirmation that stormwater management requirements are not conditions of the water quality certifications that authorize the American Hebrew Academy project (DWQ #000640). I look forward to hearing from you in regard to this matter at your earliest convince. Sincerely, V. Randall nsley VRT/mcg 253312.1 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Ms. Denise Poulos Engineering Consulting Services, Ltd 5-C Dundas Circle Greensboro, NC 27407 Dear Ms. Poulos NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 8, 2000 Re: American Hebrew Academy DWQ# 000640 Guilford County Thank you for your letter ual t 1 Certification dated June 22, 2000. As you are management aware for this project as required DWQ's 4 Water Q Y stormwater manageme ent is often condition file does not rettlec) any conversation `,exempt ng"Athis project .0506(h)(5). I do not recall (and the project from the requirement. Based on an additional review of the site plan, we still believe that on-site stormwa erears to be project planned and ediate the since rvious management is needed f 2000 stated that there will be 30 9% imper iousp urface when fully developed. high. Your letter of July , Please provide the detailed calculations which should include all planned and future buildings, roads, driveways, tennis courts and similar surfaces. Your choices for on-site stor whi than management may be problematic for safety concern would be three fold: 1. Wet detention ponds 2, constructed wetlands, or 3. dry detention basins followed by wooded buffers. Please call me at (919) 733-9646 if you have any questions. nc?erel , ?J n Dorney Cc: Jennifer Frye, DWQ Winton-Salem Regional office Bill Ross: Brooks, Pierce, McLendor & Leonard Central Files ile Copy Flima Wetlands/401 Unit • 4401 Reedy Creek Road • Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal opportunity Affirmative Action Employer 50`% recycled/ W`( post consumer paper 08-02-2000 12:39pm From-ENGINEERING CONSULTING SRVS LTD +3368567160 T-994 P.002/003 F-940 ENGINEERING CONSULTING SERVICFA, LTD. Geo*hnical - Construction Materials - Environmental July 7, 2 0 I i Mr. John rney North C Tina Depar?tmcnt of Environment and Natural Resources Division f Water Qu dity Wetland/ 1 Unit 1621 Mai Service Ce?lter Raleigh, forth Carolina 27699-1621 Subject: 401 V (ater Quality Certification American Hebrew Academy Greensboro, Guilford County, North Carolina DWQ Project 0000640 ECS ) roject 0-4042 Dear Mr, orney: We are re uesting that Condition 2 of the 401 Water Quality C 'fication issued for the American Hebrew Aimdemy be Tmived. Our request is based on the follo ing: • the to percentage of impervious surfaces that will be present on the site when fully developed; • the fa t that residential students making up approximately 00% of the school population will not be permi ?ed to have vehicles on campus; ° the la k of a required stormwater management plan for the Jefferson Elementary School; and thew land impact requested is de minimus and the project designers have gone to great lengths to avoid etland impact to the greatest extent possible.' I The North Carolina i? vision of Water Quality recently issued 401 Water Qualify Certification for the American ebrew Academy (DWQ Project # 000640, dated J e 22, 2000). The site is a portion of the former Je arson Pilot property. The site is approxir.:_'._', _-:es in area and is located in the northwest uadraut of the intersection of Jefferson Road and obbs Road in Greensboro. The Water Quality C rtification authorizes the placement of fill materia into 0.0138 acres of wetlands and 130 linear feet iof stream channel. Please note, the Pre-Constructi Notification Application submitted for the prof indicated that 0.0138 acres of wetlands would be sfilled for the purpose of constructing a roadway. ere are no lans to impact 130 linear feet of s channel. 1 Condition of the 401 Water Quality Certification indicates that); a final written stormwater plan designed to remove 5% TSS bf submitted to DWQ prior to impacting the wetlands at the site. We are requesting that this c dition be waived In March 1999, the DWQ issued a 401 Water Quality Certification for the Jefferson ilot property (DWQ Project #981019) consisting of 400 acres which included the American Hebrew ademy sit 1. Condition 2 of the Water Quality rtificatlon requires that a final written stormwate plan desi d to remove 85% TSS be submitted r parcels 6 and 7 only. No restrictions A, 1 on parce 2 which is owned by the American H rew Academy. The American Hebrew y ill opemt as a residential high school, When fu ly developed, the site will only contain 3 .9im rvious surfaces. Residential students will not be rmitted to bring vehicles to the campus o p ision for p¢rking on the Master Plan of Developmeit has been included based on this policy. ----- 5 C Dundas Circle, Greensboro, NC 27407 - (336)1856-7150 - Fax (336) 856-7160 Offices: Abcrdccn, - Atlanta, G - Austin, TX - Baltimore, MD - Chantilly, VA - C lone, NC - Chicago, IL - Frcderick, MD - Fredericksburg, VA • Greensboro, C • Greenville, SC - Norfolk, VA - Raleigh, NC - Richmond, V - Roanoke, VA, Williamsburg, VA - Wilmington. NC BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD L.L.P. RALEIGH OFFICE PHONE 919-839-0300 FACSIMILE 919-839-0304 ?-S ?Onl 'all /e' f BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD L.L.P. RALEIGH OFFICE PHONE 919-839-0300 FACSIMILE 919-839-0304 08-02-2000 12:39pm From-ENGINEERING CONSULTING SRVS LTD +3368567160 T-994 P.003/003 F-940 Waw Qj ertWcadon JI'm'aC dcadtmy ECS P", -I007 Furthe re, it she ld be noted that the American Hebrew Academy is a pedestrian-based designed ' campus. No vehicular traffic will be permitted within the campus interior and all campus service vehicles ill be Bloc 'c powered- Internal roads shown on theIMaster Plan of Development are designed for the o purpose of accommodating emergency/fire/rescue i+ehicles. Jefferson Elemen School is al9o located on property f rmcriy owned by Jefferson Pilot. The Jefferson Elementary School property contains 27% impervio s surfaces. This property was developed without a requirements that have now been imposed by IN on the American Hebrew Academy. i I I ask that ou give c fu! consideration to this request. Both t*e Jefferson Elementary School parcel and the Amer Hebrt7 Academy parcel are tieing developed fors the same purpose and their percentage of impervio surfacer essentially the same.; Therefore, the egnditions of development imposed by the DWQ sh Id be co intent. Please feel free to contact me at (336) 856-7150 if you have any questions concerni this requ or if additional Information is required. Thank you in advance for your timely considera 'on of this after. ENGINE RMG C NSULtING SERVICES, LTD. Denise M oulos, LS?S i Principal! i cicatist i i i 2 I ' Hebrew Academy looking for top students Help I Search Page 1 of 4 NUVS - RECORD.C OM Piedmont Triad, North Carolina SEARCH .........._5 news More Local/State News Stories Local/State News Hebrew Academy looking for top students 7-22-00 the project By TOM STEADMAN, Staff Writer News & Record GREENSBORO -- Founders of the yet- Regional News: to-be-built American Hebrew Academy e Greensboro are so determined to attract top • High Point scholars that they will offer free tuition . Rockingham during the first years to any student ' • Randolph meeting the school s rigorous entrance standards. FedEx in the Triad Get the latest news "We want to ensure the quality of the on FedEx's proposal school and to ensure that this would be to build a regional shipping hub in available to any kid who could qualify Guilford County. for it," said Rabbi Alvin Mars, the academy's headmaster, who is busy Election 2000 plotting the school's curriculum and Read about all the infrastructure. candidates so you can make an The founders -- anonymous and deep- informed decision on election day. pocketed local donors -- intend to create the nation's first boarding school Redistricting Our designed for all Jews, regardless of Schools denomination. An In-Depth look at the redistricting They envision the academy on a level process in Guilford with some of America's top private preparatory schools. To accomplish Triad 2000 this, they are willing to foot the tuition A multimedia for all students during the founding exploration of the years. At some elite boarding schools, Triad's past, and future. present such costs run to $30,000 a year for , each student. "The dream of the founders is not only of largeness, but of largess," Mars said. "They're prepared to make a wonderful Jewish education available to children who could otherwise not afford it." The academy is scheduled to open in http://www.news-record.com/news/local/hebrew22.htm 07/25/2000 P 11j 11 iIKC Hebrew Academy looking for top students The academy is scheduled to open in fall 2001 on a 100-acre campus at Jefferson and Hobbs Road on the former Jefferson-Pilot Country Club site in northwest Greensboro. Already, land is being cleared at the site. For the first year, the Hebrew Academy will enroll 100 boarding students and an unspecified number of area day students in the 9th grade. During the first few years, students who are accepted by the school and maintain highgrades will be able to attend tuition-free for the full four years of high school. Founders have yet to decide exactly when the school would begin asking students to pay their own way. The tuition offer shows how intent the founders are on building a prestigious school that will last for centuries, Mars said. "That's what it means to be a pioneer," he said. "You face the biggest obstacles and the greatest challenges." After the first academic year, one grade will be added each of the next three years, until the school includes grades 9-12 and an enrollment of 800, with both boarding and day students. The school will seek accreditation from the Southern Association of Colleges and Schools. Founders envision that graduates of the school will go on to some of the world's elite colleges and universities for further study. "We're quite excited about the way things have taken shape," said Mars, an educator and former head of the Brandeis-Bardin Institute, a Jewish retreat in California. He was hired last September to organize a staff and open the school. Already Mars has hired Rabbi Scott Meltzer as the school's first dean of student affairs. Meltzer, Harvard- educated, is finishing a doctoral degree at the University of Southern California. Page 2 of 4 http://www.news-record.com/news/local/hebrew22.htm 07/25/2000 Hebrew Academy looking for top students at the University of Southern California. He is expected to arrive in town this fall. Mars is beginning the task of hiring a full faculty, which would take over teaching jobs in a state-of-the-art facility. Classes will be limited to 12 students and a teacher, with each room wired with the latest technology and each student issued a laptop computer. Classes will be taught in the Jewish Bet Midrash tradition, which uses small- group dialogue to explain and enhance student texts. Teachers will sit with the students around special tables, not stand at the head of the class. Dialogue, not lecture, is the preferred method. "It's the traditional mode of Jewish learning, and we're bringing it into a pluralistic, contemporary setting," Mars said. . Eight to 10 buildings will be constructed during the academy's $40 million first phase, which will begin in November. The largest structure will be a 60,000- square-footgym/fitness center. Eventually, the campus will grow to 55 buildings,including a performing arts center and many small student homes, each housing 18 to 19students plus faculty advisers. Students will be housed two to a room, in homes designed not to resemble dormitories. The $40 million cost of phase one already has been raised from within the area'sJewish community. Famed architect Aaron Green, an 82-year-old disciple of the late Frank Lloyd Wright, has been hired to design an eco- friendly campus using building stones from Jerusalem with copper and green ceramic tile roofs and plenty of skylights. A 22-acre lake will border the campus. The academy's curriculum is two- pronged, Mars said. Students will encounter a rigorous academic regimen and participate in a full range of athletic activities, just like at other top prep schools. But the school also will stress Page 3 of 4 http://www.news-record.com/news/local/hebrew22.htm 07/25/2000 Hebrew Academy looking for top students Jewish studies and the culture's moral and religious values. "During part of every academic day, we'll span the literature and history of the Jewish people -- from biblical times to the present," Mars said. The headmaster has spent recent months touring and speaking around the country about the coming prep school. The academy's Internet site (www.americanhebrewacademy.org) also contains information about the project. The academy will be a boon, both academically and culturally, to the Greensboro area, Mars said. "We're proud it's happening in our community," he said. "It will make us one of the important Jewish educational centersin the nation. The eyes of the world will be on us more." Greensboro's Jewish population is relatively small, estimated at perhaps no more than 2,500 to 3,000 of the city's 210,000 residents, says the Greensboro Jewish Federation. Their local history is a powerful one, however, dating to the 1890s, when the Cone and Sternberger families came South to build the Cone Mills empire. The city's oldest synagogue, Temple Emanuel, already has announced that it will builds new sanctuary across from the Hebrew Academy, which will have a synagogue of its own. Return to the Top Contact Us i Web Design & Advertising Info i The Depot Copyright © 2000 News & Record Page 4 of 4 http://www.news-record.com/news/local/hebrew22.htm 07/25/2000 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Glen Drew 0 • AE NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 22, 2000 Guilford County DWQ Project # 000640 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS American Hebrew Academy Post Office Box 700. Burlington, NC 27216 Dear Mr. Drew: You have our approval. in accordance with the attached conditions and those listed below. to place fill material in 0.0138 acres of wetlands and 130 linear feet of streams for the purpose of developing the American Hebrew Academy at former Jefferson Pilot property as described in your revised application dated May 11.2000 and revised on June 13, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3101 and 3108. These certifications allow you to use Nationwide Permit Numbers 12 and 26 when the Corps of Engineers issues them. 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 CAIMA 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 2H .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 remaining jurisdictional wetlands and streams 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 management plan shall be approved by this Office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormivater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, 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 heating, send a written petition, which conforms to Chapter 1506 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 919-733-9646. S' rel ^? Stevens Attachment cc: Corps of Engineers Raleigh Field Office Winston-Salem DWQ Regional Office File copy Central Files Todd St. John Denise PouIus: ECS, Ltd. Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper ANDERSON A9A AND ASSOCIATES, INC. Mr. John Domey NCDENR DWQ Wetlands/401 unit 1621 Mail Service Center Raleigh, NC 27699-1621 Via fax 919.733.9959 n\0 W Dear John: r C, C) 6 qv June 16, 2000 ? LANDS GROUP VdATER UAU1`! Re: DWQ Site Visit Review American Hebrew Academy Site Hobbs Road Greensboro, NC A&A Proj. No. 17371 It is my understanding that there are two comments regarding the proposed American Hebrew Academy development base on your June 7, 2000. The first comment was to determine and confirm that the sanitary sewer easement along the Corporation Yard draw is located at least 10 feet from any wetland/stream area. The second comment was regarding the encroachment of the lower softball field retaining wall within the 100 foot stream buffer. We determined that the sanitary sewer easement was located closer than 10 feet to wetlands along the Corporation Yard draw. The sanitary sewer line and easement was relocated in this area to maintain this minimum separation. Attached is a copy of the revised sewer plan that shows the relocation in this area. To address your second comment of removing the hardscaping from the stream buffer, we revised the location and orientation of the softball field and removed the proposed retaining wall and provided a slope along the stream buffer area. The changes in this area are shown on the attached copy of the revised grading plan. The changes have been made and submitted to the City of Greensboro Technical Review Committee (TRC) and Engineering for review and approval. A copy of this information has been sent to Jennifer Frye in the Winston-Salem DENR Regional Office. Please give me a call if you have any questions or comments regarding this project. Sincerely ANDERSON & ASSOCIATES, INC. Professional Design Services odney D. Rhew, PE Project Manager cc: Glenn A. Drew - AHA Raymond Hunt - EDC Chris Roth - EDC, AHA Site Jennifer Frye -Winston Salem DEHNR Denise Poulos - ECS An Employee-Owned Company 7349-F W. Friendly Ave., Greensboro, NC 27410 (336) 299-7184 (336) 299-7415 fax www.andassoc.com Blacksburg, Fredericksburg, Middletown & Richmond, Virginia • Greensboro, North Carolina • Tri-Cities, Tennessee f • 41;Zm .w. sow m. r 1 " °-4 { L LINE "A" / SEE PLAN & PROFILE SHEET 46 rjlA 6? / / /moo EXGTINC WETLANDS / ? / / A-' ? \ ; ( A_8? ? ` 1 11 1 Sam/ I t JUN 2 WERAN11:; t 1)P WATER UALITY L(JI P' &(-0'04cv'7 MEMORANDUM TO o ' - John Dorney Non-Discharge Branch Regional Contact: Jennifer Frye WQ Supervisor: I nr TcnhIP Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name American Hebrew Academ Project Number 00 0640 Recvd From APP Received Date 5/17/00 Recvd By Region 5/24/2000 Project Type high school County Guilford County2 Region Winston-Salem Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 12 Stream 7T-@N 116-11-5-(.5 WSIII NSW 30,602. 0.01 130.00 F _26F_ O Y O N [ -F_ ?- O Y O N F __ F_ F_F__ F_ F_ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y pO N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y # N Recommendation: QQ Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 360651 Longitude (ddmmss) 795225 Comments: Plane have been amended such that the softball retaining wall has been removed from the 100 foot stream buffer and the sanitary sewer line and easement were relocated to maintain the 10 foot r minimum separation from surface waters The WSRO recommends that this WO Certification he issuers. cc: Regional Office Central Office Page Number 1 Facility Nance American Hebrew Academy Project Number 00 0640 Comments (continued from page 1): County Guilford Regional Contact: Jennifer Frye Date: cc: Regional Office Central Office Page Number 2 AMERICAN HEBREW ACADEMY, INC. 262 East Morehead Street Burlktgton, North Carolina 27215 MAILING ADDRESS P.O. Box 700 Burlington, N. C. 27216 dobn Thomas US Ataxy Cagm of 11"SW ers 6508 Fails of tho Nem Road, Suite 120 Raeigh, NC 27615 Telephone 338.226-1144 Telefax 336-227-3486 71 y s May 12, 2000 ?-wr T I ? RE: Pracongr cdon Notice for A=cdcau $cbraw Ac&4=y Site Dm Mr. Thotaas: Dmisc P=w of - *- -- coral Cansalting Savices is ar6mted to act as agaat for the ARA w obtmang wedand pc=uu Ru the AMA site in aboM North Caroli= lY .2.d .iisr -n.I 05/12/00 FRI 14:56 2'd 6bT'ON TOOT 8LE 9EE 33d3Id S>WNE TOTAL P.01 [TX/RX NO 83101 1001 Wd9T:E 0082'2T'Abw vay tndy yob **4 it 7 ENGINEERING CONSULTING SERVICES, LTD. Geotechnical • Construction Materials • Environmental May 11, 2000 r. Mr. John Dorney f WETQNGS.. North Carolina Depatilament 1E9Sgt pd Natural Resources Division of Water Quality Wetland/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Subject: Pre-Construction Notification Application American Hebrew Academy OO 0 Greensboro, Guilford County, North Carolina O ECS Project G-4042 Dear Mr. Dorney: Please find seven copies of the Pre-Construction Notification Application for the above referenced site. The site is a portion of the former Jefferson Pilot property. The site is approximately 100 acres in area and is located in the northwest quadrant of the intersection of Jefferson Road and Hobbs Road in Greensboro (Figure 1). The site is to be developed with the American Hebrew Academy, a residential high school. The development will require installation of sanitary sewer lines, the construction of several roadways, buildings and athletic fields. As shown on the Phase 1 Wetlands Impact map, the development will require three sanitary sewer line crossing and the construction of an access road. The construction of the access road will impact approximately 600 square feet of a wetland seepage area. We are requesting a Water Quality Certification to authorize the impact to 600 square feet of wetland associated with the construction of the access road. Please feel free to contact me at (336) 856-7150 if you have any questions concerning this request or if additional information is required. Thank you in advance for your timely consideration of this matter. Sincerely, ENGINEERING CONSULTING SERVICES, LTD. PAYMENT D `<? Denise .Poulos, LSS RECEIVED Principal Scientist Attachment: Pre-Construction Notification Application 5-C Dundas Circle, Greensboro, NC 27407 • (336) 856-7150 • Fax (336) 856-7160 Offices: Washington, DC; Baltimore, MD; Frederick, MD; Richmond, VA; Norfolk, VA; Fredericksburg, VA; Danville, VA; Roanoke, VA; Williamsburg, VA; Raleigh/Durham, NC; Wilmington, NC; Charlotte, NC; Greensboro, NC; Greenville, SC; Atlanta, GA 1 State of North Carolina E Department of f E nvlrc, men L and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 1 ? • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 29, 1999 Guilford County DWQ Project # 981019 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Cdr. Nlike Solomon Jefferson Pilot Corp. 100 North Green St. Greensboro 27401 Dear Mr. Solomon You lime our approva:, In accordance with the attached conditwns and those listed below, to place till material in 640 feet of waters for the purpose of constructing road crossings and development including a 140' wide road crossing on parcel 7 and one for the Starmount Subdivision at Jefferson Pilot site at New Garden Rd. in Greensboro as you described in your application dated October 14, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3127, 3101, 3103, and 3108. These certifications allow you to use Nationwide Permit Numbers 3, 12, l4, and 26 when the Corps of Engineers issues. 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 CA?vIA 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 2H .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. I. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and water to notify the state in order to assure compliance for future wedand 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 designed to meet 35% TSS removal from parcels 6 and 7 within the 100 foot wide lake buffer zone must be approved by DWQ before wetland (or stream) impacts occur. The plan must be submitted to DWQ for written approval prior to any development approved by the City of Greensboro on these tracts. Alsn. hefore any building is occupied at the subject site the stormwater treatment facilities shall be constructed and operational and the storm water management plan be implemented. 3. Compensatory stream mitigation at a 1:1 ratio for the impact to 130 feet of stream must be done with on-site mitigation preferably in conjunction with a conservation easement to the N.C. Wetlands Restoration Program. If the N.C. Wetland Restoration Program is unable or unwilling to participate with on-site mitigation, thc-n „gvrnnnr to this ^rog _ . is ^^ tc D! this restoration shall be submitted to DWQ within 90 days of the date of this certification or 404 Permit, whichever is later. ,. The sewer line or stream invert must be altered to prevent flow restriction in the channel. 5 An unpaved trail is acceptable to DWQ in lake and stream buffer zones. 6. The existing road crossing at Hobbs Road extension shall be modified as outlined in the :March 5, 1999 leaer from iVir. Harold Bynum. 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 130B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box '..7"7. Raleigh, N.C. 276i 1- 7=147. This certification and its conditions are Final and binding unicss 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 Dorney at 919-733-1786. mink cam, Stevens ??? / Division of Water Quality • n-Discharge f?rich =u1 needy Creel: Rd., Haleigh, NG 276071'elC-phone 919-733- i 86 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 500% recycled/10% post consumer Paper / VR , 00064a DWQ ID: _ CORPS ACTIbPWUNpS WATER QUALITY SEC, 11uN NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 12,26 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 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 (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: Mr. Glen Drew, American Hebrew Academy 2. MAILING ADDRESS: P.O. Box 700, Burlington, NC 27216, SUBDIVISION NAME CITY: STATE: ZIP CODE: PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Hobbs Road at Jefferson Road, Greensboro, NC 3. TELEPHONE NUMBER: (HOME) _ (WORK) (336) 226-1144 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Denise M. Poulos. Engineering Consulting Services. Ltd.. 5-C Dundas Circle. Greensboro. NC (336) 856-7150 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Guilford - NEAREST TOWN: Greensboro SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) The site is located in the northwest quadrant of the intersection of Hobbs Road and Jefferson Road. 6. IMPACTED OR NEAREST STREAM/RIVER: Horsepen Creek/Haw River RIVER BASIN: Cape Fear 7. (a) 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)? YES ? NO X IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO X (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES X NO ? IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION ( INCLUDE PHOTOCOPY OF 401 CERTIFICATION): Action ID 200020415 (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO X IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 100 Acres (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: Less than one-half acre 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.0138 EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0138 (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: _ FT AFTER: _ FT WIDTH BEFORE (based on normal high water contours): _ FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: _ CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) Trackhoes, loaders, pans, bulldozers and dump trucks will be used for sanitary sewer line installation and road construction. 13. PURPOSE OF PROPOSED WORK: The site is being_ developed with the American Hebrew Academy. The purpose of the work is to install sanitary sewer lines and to construct an access road that will link the warehouse to the academically developed portions of the site. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) Wetland impacts have been minimized to 600 square feet. This impact is necessary in order to construct an access road. The original plan called for 3:1 slopes along the shoulder. These slopes have been changed to 2:1 in order to minimize the impact to the wetland. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF 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. DATE CONTACTED: 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 1 ? V r? 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES ? NO X (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO ? (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (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) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential/commercial (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Sanitary sewer system SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: I. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM, ; OWNER'S/AGENT'S SIGNATURE DATE (AGENTS SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). i. }F? J[- q