19870080 Ver 1_COMPLETE FILE_19870506

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
May 6, 1987
Mr. Jeffery Cossel
Developers Diversified
34555 Chagrin Boulevard
Moreland Hills, OH 44022
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Entrance Roadway Crossing
Developers Diversified
Shopping Center
Tributary to Lawson Creek
Craven County
Dear Mr. Cossel:
Attached hereto are two (2) copies of Certification No. 2068
issued to Developers Diversified dated May 6, 1987.
If we can be of further assistance, do not hesitate to contact us.
sincerely yours,
Original Signed sy
William C. Mills
FCr R. Paul Wilms
cc: Wilmington District Corps of Engineers
W on Regional Office
. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Boot 27697, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NOR'iH CARCLINA
Craven County
CERTIFICATICN
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Developers Diversified
pursuant to an application filed on the 5th day of March, 1987 to fill a
wetland area for construction of an entrance road for a shopping center.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Lawson Creek in conjunction with the proposed roadway in Craven
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. 7hat the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts from the project.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall became null and void unless the above
conditions are made conditions of the Federal Permit.
This the 6th day of May, 1987.
DIVISION OF ENVIAL MANAGEMM
original Signed By
William C. Mills
F,°r R. Paul Wilms, Director
WQC# 2068

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
May 6, 1987
Mr. Jeffery Cossel
Developers Diversified
34555 Chagrin Boulevard
Moreland Hills, OH 44022
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Entrance Roadway Crossing
Developers Diversified
Shopping Center
Tributary to Lawson Creek
Craven County
Dear Mr. Cossel:
Attached hereto are two (2) copies of Certification No. 2068
issued to Developers Diversified dated May 6, 1987.
If we can be of further assistance, do not hesitate to contact us.
sincerely yours,
Original Signed By
William C. Mills
r -.r R. Paul Wilms
cc: Wilmington District Corps of Engineers
W on Regional Office
"iam Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
NORUii CAROLINA
Craven County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Developers Diversified
pursuant to an application filed on the 5th day of March, 1987 to fill a
wetland area for construction of an entrance road for a shopping center.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Lawson Creek in conjunction with the proposed roadway in Craven
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts from the project.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall became null and void unless the above
conditions are made conditions of the Federal Permit.
This the 6th day of May, 1987.
DIVISION OF ENVIFCNMENTAL MANAGEMENT
oe,elnat signed BY
?'; , lE.arm C. rr:t?s
R. Paul Wilms, Director
WQC# 2068

9
_J
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 26, 1987
SUBJECT: Nationwide Permit No. 26
C,EIVP
N11 198 7
,'? `' ? C I 2 I
Developers Diversified
Attention: Mr. Jeffrey Cossel
3455 Chagrin Boulevard
Moreland Hills, Ohio 44022
Dear Mr. Cossel:

Reference your February 20, 1987, onsite meeting with
Mr. James Poteat of my staff for a determination as to the extent
of wetlands on your property located at the intersection of
Highways 17 and 70 Bypaass, across from Twin Rivers Mall, New
Bern, Craven County, North Carolina. Mr. Poteat's determination
revealed an approximate 0.6 acre wooded wetland subject to our
Section 404 regulatory jurisdiction.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. Authorization was provided for discharges of
dredged or fill material into non-tidal rivers, streams, and their
lakes and impoundments, including adjacent wetlands, that are
located above the headwaters and other non-tidal waters of the
United States, including adjacent wetlands, that are not a part of
a surface tributary system to interstate waters or navigable
waters of the United States.
For this nationwide permit to be valid, you must comply with
the following conditions:
a. The activity will not jeopardize a threatened or
endangered species as identified under the Endangered Species Act,
or destroy or adversely modify the cultural habitat of such
species.
b. Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
-2-

c. Any structure or fill will be properly maintained.
d. An individual State water quality certification must be
obtained or waived. Conditions of certification will be
considered to be special conditions of the Federal nationwide
permit.
e. The following management practices will be followed to the
maximum practical extent:
(1) Discharges of dredged or fill material into waters of
the United States will be avoided or minimized through the use of
other practical alternatives.
(2) Discharges in spawning areas during spawning seasons
will be avoided.
(3) Discharges will not restrict or impede the movement
of aquatic species indigenous to the waters or the passage of
normal or expected high flows or cause the relocation of the
waters (unless the primary purpose of the fill is to impound
water).
(4) If the discharge creates an impoundment of water,
adverse impacts on the aquatic system caused by the accelerated
passage of water and/or the restriction of its flow will be
minimized.
(5) Discharge in wetland areas will be avoided.
(b) Heavy equipment working in wetlands will be placed on
mats.
(7) Discharges into breeding areas for migratory
waterfowl will be avoided.
(8) All temporary fills will be removed in their
entirety.
The District Engineer has determined that the individual and
cumulative adverse effects of your work on the environment will be
minimal. Your work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
r
-3-
conditions. Please be aware that this authorizationdoes not
relieve you of the responsibility to obtain any required State or
local approval.
If you have questions, please contact Mr. David Baker,
Regulatory Branch, telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. William Mills Mr. John Parker
Water Quality Section Division of Coastal Management
ivision of Environmental Management North Carolina Department of Natural
North Carolina Department of Natural Resources and Community Development
Resources and Community Development Post Office Box 27687
Post Office Box 27687 Raleigh, North Carolina 27611-7687
Raleigh, North Carolina 27611-7687
Mr Bill Mills
N.C. Division of Environmental Management
P.O. Box 27687
Raleigh, North Carolina 27611
Re: 401 Water Quality Certification
Please contact me if you have any questions.
Very truly yours,
DEVELOPERS DIVERSIFIED
(???Jeffrey Cosse
Project Coord nator

APPLICATION
FOR
PERMIT TO EXCAVATE ANOMR FILL (MATER quALITY CERTIFICATION
EASEMENT IN LANDS COVERED 3Y MATER CAMA PERMIT FOR 11111APOR DEVELOPMENT
060mu itise of AbtleWratlois SAM of Nwo Cum"" OepNWAst of else Arrwy
(es 146,121 ONnernertt a/ Natural Reawaves OW Cawing 0400 Oevelerrewtt Cores o/ fisnkm it. Wilm6geew Obar&e
(65 113.22!, t41213.31e1111.143.215.3(s), 113A•Ila (33 CYR 200.320.1291
Plsatit type at print and fill in all blank,` If information Is not applicable, so indicate by piacinE N/A in blanij.
1. Applkant 100mutton
ANanss COSSEL JEFFREY (agent for)
Last First Middle
S. Address DEVELOPERS DIVERSIFIED 34555 Chagrin Boulevard
Street, P O 8ox ne Route
Moreland Hills Ohio 44022 [phone]
Lity nr Town Sute Zip Code Phone
IL Location of Proposed Protect.
A. County Craven
B. 1. City, town, community or landmark New Bern
2. 1s proposed work within city limits? Yes -L- No
Cl Creet, (over, wind or bay upon which project is located at nearest named body of water to project
Trent River is approximately 3 miles south of site
IIL Description of Project
A. 1. Maintenance of existing project 2. New work Proposed Shopping Center
B. Purpose of excavation or till
1. Access channel length_width depth
2. Boat basin length_ width depth
3. Fill area length 190' width Rn' depth .31
4. Other length width depth
C- 1. Bulkhead length N/A Average distance waterward of MHW (increunei
. 2. Type of bulkhead construction (material)
0. Excavated material (total for proiect)
1. Cubic yards N/A 2. Type of material
E. Fill material to be ol.ced?elow MHW (see also VI A)
1. Cubic yards N A 2. Type of material
IV. Land Type, Oisposal Area, and Construction Equipment
A. Ones the area to be excavated include anv manhiand. swamps of other wetlands Yes _y No
B. Goes the dispn%ai area include anv endetnland, swamps or other wetland' Yes No _X
X C. Oistwsal Area N/A
1. Location
2. Oo you claim title to disootal area!
0. Fill malcrial sr.uict if lill is to be trucscd in Fill to be from same property
E. How will excavated material be entrapped and MUM controlled' N/A
F. Type of equipment to he used _N/A G. Will marshland he crossed in transporting equipment to project site' II yes, explain No
OiF?/
Rev. 109 s

V. boo" IJre 61 f+reietct Awn (Coeaftt)
A. L FrIlro t
2. CAW Fill area is entranced iv,- for nrQ,ggsed shone ng r grog
1. Hetrsir+t Otwel nrtt tit Indtrtttisi
1. Odw
L I. Lot Anil) Total lot is approx. 22' acres
2 EW"dW of lotl's) alsotw mom hitpt wets approx. 1.8.01
I Soil typo and tnturea4lta WVW mnernd_and &l lair
4. Typo of buildingfaeilttresor strtlcaues retail stores
S. Sewap dispoW and/or waste weer treatment A. ExisOM Plsnnod
g. Oescribe New Bern City System
L Land Classrftcattrsn (circle one) OEVELOF`0 TRAM rIOJN iCOMMUNITY RURAL
CONSERVATION OTHtR - (See CAMA Local Land Use Plant Synopsis)
VL ttruinin% to Fill and water Quality
A. Dan the prooowd orotett :rvolve the placement of fill matermis heta w --errs 'uZh water? Yes No X
L 1. WW arty runoff or anchart s mist adlaeent waten as a result of otmect activity Of pt.nnd use of the
tea folloming prase: Comoletiarsr Yes.-No.
2 Type of discharge N/A
3. Location of discharge N/A
VOL hieeertt raft of sttardirse erosion lif kewwnl: N/A
VUL List awswlt rwmbers and isetae dates of previous, Oeoartment of Army Cotpa of Erpnrs or Stoat permits for
. WWk to on*" area, d applicable: N/A
13L L&WO of tlrtw required to comaka swam , six months
X (ter addhbw to dw Coewtslm d aoplieatlon firm, dw fedirwig iaisim Wma be provided:
A. Attach a copy of the ded (,wM State appficstion asty) or other ln?trunwrnt under which aoolrunt
Claims title to the affected DOWNty. OR it applicant is not cWo"ing to be the owner of said property,
thews forward a caoy of the deed or other, irimtow ant under which the omreser Clasen% title plus written
permission frorn the owner to carry out the aroieet on his land. N/A per Bill Mills 2/24/87
L Attach an accurate work plat drawn to scale on 84 X 11" white pacer (see inslrut an booklet for,
details). Note: Original drawings preferred • only h.th quality copies acceotod. (see-attached)
C A coot' of the acol+cauon and olat must be served upon adiscent noartan landowners by teystered am
certified mad ur by ouolicatinn (G.S. 113.229 (d1)Enter date served NIA per B M1 Mills 2/24/87
0. List names and complete addresses of the noarsan landowners with orooerty adicsining applicant's.
SurA owners have 30 davs in which to submit comments its aeenues listed below.
N.A
XL Certification requitement: I certify that to t.Se best of my knowledge, the prooosed activity complies
with the Sute of North Carolrnaks aooroved Coastal rnanattement oroeram and will be conducted -n a
tuner consistent with such program.
X11. Any permit issued pursuant to this aooltcation will allow only the derdooment described in this appli
Cation and plat. Aosrlicants should therefore describe in the wahcatton and plat all anticipated dev:
ootwent activities, including construc:ion, excavation, filling, and land clearing.
DATE 3 2 r _ I. x
oolicaat's Signature
Oat*J= SEE REVERSE SIDE FOR MAILING 114STRUCTIONS
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