19970922 Ver 1_Complete File_19971119

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Stewart Smith
Pine Tree Obstetric and Gynecologic Associates
Post Office Box 1575
New Bern, NC 28561
Dear Mr. Smith:
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C)EHNR
November 19, 1997
DWQ Project #970922
Craven County
The Division of Water Quality has reviewed your plans for the discharge of fill material
into 0.65 acres of waters and /or wetlands located at Pine Tree Drive near US 17 in Craven
County for commercial development. Insufficient evidence is present in our files to
;.. conclude that your project must be built as planned in waters and /or wetlands in accordance
with 15A NCAC 2H .0506. Therefore, we are moving toward denial of your 401
Certification as required by 15A NAACO 214 .0507(e) and will place this project on hold as
incomplete until we receive this additional information. Until we receive additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers
and /or the N.C. Division of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have lib practicable alternative to placing fill in these
waters and /or wetlands. Specifically can you construct your commercial development with a
stormwater pond to control offsite impacts of stormwater as long as impacts exceed one -third
acre. Any documentation such as maps and narrative that you can supply to address
alternative designs for your project may be helpful in our review of your 401 Certification.
Please respond within two weeks of the date of this letter by sending a copy of this
information to me and one copy to Ms. Deborah Sawyer at the Washington Regional Office
at 1424 Carolina Avenue, Washington, NC 27889. If we do not hear from you in two weeks,
we will assume that you no longer want to pursue this project and we will consider the project
as withdrawn. I can be reached at 919- 733 -1786 if you have any questions.
q terely
R. Do y r Quality Certif a on Program
cc: Washington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
Kevin Avolis; Avolis Engineering
970922nty
Division of Water Quality - Non - Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626 -0535 - Telephone 919 - 733 -1786 - FAX 919 - 733 -9959
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October 24, 1997
AVOLIS ENGINEERING, P.A.
P.O. Box 15564 • New Bern, North Carolina 28561 • (919) 633 -0068
Mr. John Dorney
Division of Environmental Management
NC Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27607
RECEIVED
C1 T 199,
ELI R O! V 4FJV TA L S CI ENC ES
RE: Pine Tree Obstetric & Gynecologic Associates, P.A. Money Purchase Pension Plan &
Trust, Township No. 8 in Craven County, North Carolina
Dear John:
Enclosed please find a Pre - Construction Notification Application associated with the Nationwide
Permit #26 for Pine Tree Obstetric & Gynecologic Associates, P.A. Money Purchase Pension
Plan & Trust, Township No. 8 in Craven County, North Carolina.
It is requested that the permit application be reviewed and approved at your earliest convenience.
Sincerely,
(Yin volis, P.E.
Vice - President

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NATIONWIDE ?ERMIT REQUESTED
f
CORPS ACTION I0: f"'.' a ; 1 97
(PROVIDE NATIONWIDE ?ERMIT 4): 26 '
LSCIEfVCES
PRE - CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGIIQEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDn- iATION WITH THE NC DIVISION OF COASTAL Io'NAGM4ENT
SEND THE ORIGINAL AND (1) COPY OF THIS.COLLETED FORM TO THE APPROPRIATE
FZELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET) . PLEASE PRINT.
OWNERS NAME: Pine Tree Obstetric & Gynecologic Associates, P.A.
2 . ?A ,ING ADDRESS:
CITY.
c%o Steviart Smith, P.O. Box 1575
SUBDIVISION NAME:
New Bern STATE: NC ZIP CODE: 28561
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : See Attached Location Map
3. TELEPHONE NUMBER (HOME) : (WORK) : 638 -3500
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
2HONE NUMBER:
Mr. Kevin Avolis, P.E., Avolis Engineering, P.A.
P.O. Box 15565, New Bern, NC 28561 (919) 633 -0068
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Craven NEAREST TOWN OR CITY: N� Rpm
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SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
Pine Treefz Drive— 0.30 Miles north of intersection of U.S. Highway 17 (Clarendon Blvd)
_a
6. IMPACTED OR NEAREST STREAM /RIVER:
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)? YES [ ] NO d(XI IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X]
7c. 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?
Zoned C -3 on City of New Bern Zoning Map
Sa. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [X] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 402
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN TIRE
FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
28,507 SF = 0.65 Acres
2
9a.
9b.
ESTIMATED
ESTIMATED
TOTAL
TOTAL
NUMBER
NUMBER
OF
OF
ACRES
ACRES
IN
OF
TRACT OF
WETLANDS
LAND:
LOCATED
2.9±
ON PROJECT SITE:
28,507 SF = 0.65 Acres
2

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.65 EXCAVATION: 0
FLOODING: 0 OTHER:
DPJkINAGE : 0 TOTAL ACRES TO BE IMPACTED: 0.65
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF =-Y=
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) N/A
LENGTH BEFORE: FT AFTER: "T
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAWFLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
Fill 0.65 Acres of isolated wetlands to allow usage of entire site. Wetland areas
will be undercut approximately 1 - 2 feet and backfilledito be level with adjacent grades.
13. PURPOSE OF PROPOSED WORK:
Provide use of full site
3

14. STATE REASONS
OUT IN WETLANDS.
IMPACTS):
WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
(INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
Wetland areas on site are small isolated pockets that consume a relatively large
percentage of a small site. The filling of these wetlands will allow for full use and
development of the entire site.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND /OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) 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: 10/9/97 (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:- • 10/9/97
._ N
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES (I NO (4 (IF NO, GO TO 18 )
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 ( J N/A
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES ( ] NO ( ] N/A
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, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603 -8003, TELEPHONE [phone].
4

I.S. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR 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 STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR 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? Light commercial
establishments surround the subject Drocerty to the north and south; a Srhml
to the east vacant land to the west
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
N
g. SIGNED AND DATED AGENT 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 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.
SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (189.))
5
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DATE

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