19890412 Ver 1_Complete File_19890101

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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 July 6, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. Peter A. Bishop, P.E.
Project Engineer
K.imley-Horn and Associates, Inc.
901 Jones Franklin Road
Raleigh, North Carolina 27606
Dear Mr. Bishop:
Subject: Proposed Fill in Headwaters
or Isolated Wetlands
Residence Inn,
Marriott Corporation
Durham County
Upon review of your request for Water Quality Certification
to place fill material in wetlands adjacent to Northeast Creek,
we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2176 issued November 4,
1987. A copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers` Nationwide Permit No. 26.
If you have any questions, please contact Bill Mills at
919/733-5083.
Sincerely,
R. Paul Wilms
Attachment
cc: Wilmington District Corps of Engineers
Raleigh Regional office
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Kimley-Horn and Associates, Inc.
Mr. William Mills
Division of Environmental Management
North Carolina Department of Natural Resources
and Community Development
Post Office Box 27687
Raleigh, North Carolina 2761 1-7687
Re: Residence Inn Site
Dear Mr. Mills:
901 Jones Franklin Road, Raleigh, N.C. 27606 • [phone]
Raleigh, Charlotte, Nashville, Virginia Beach, Dallas, Phoenix, Stuart,
West Palm Beach, Tampa, Orlando, Ft. Lauderdale, Vero Beach, Ft. Myers
June 9, 1989

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We are requesting a Section 401 Certification for the Residence Inn, Marriott Corporation at
Highway NC 55 and NC 54 Intersection, Durham, North Carolina.
We are in the process of filing for a Nationwide Permit No. 26 (PDN) and must include the
401 Certification with the permit.
Attached find a copy of the PDN application and a site plan showing the location for the
proposed operations.
Pleas expedite this certification so that we may file for the PDN.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
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Peter A. Bishop, P.E.
Project Director
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PAB/clw
Copy to:
Bernard Johnson, Inc.
Jeff Plymale, Marriott
Building client relationships since 1967
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
SAW26-87- ATTN: CESAW-CO-E
PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26
NOTES: Cf Item A.7. (below) is 10 acres or more or if any of the conditions
listed in Section B. (below) are not met, the applicant must submit an
individual permit application. Please contact the DisErict for forms and
information.
Applicant is required to obtain a Section 4O1 Water quality Certification from
the State of North Carolina for NWP 26 to be valid. This certification
should be furnished wish this pre-discharge notification.
PLEASE PRINT
A.
1. NAME:
2. ADDRESS:
3. PHONE NUMBER (!-TOME): (WORK):
4. LOCATION OF PLANNED WORK: COUNTY: Durham
SPECIFIC LOCATION '(INCLUDE STREAM NAMES, ROAD NUMBERS, ETC.):
NC Hwy. 55 & 54 Intersection. Northeast Creek
5. DESCRIPTION OF PROPOSED WORK: Road Construction
6. PURPOSE OF PROPOSED WORK: Private Access Road for proposed
Residence Inn ry+
7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR
SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK (EXPRESS
IN TENTHS OF ACRES): 0.35 Acres
8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE:
Site visit by representative of COE , copy of letter included
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
INFORMATION SHEET - NATIONWIDE PERMIT 26
1. Nationwide permit 26 authorizes the discharge of dredged or fill material
which will cause the loss or substantial adverse modification of less than 10
acres of (i) non-tidal rivers, streams, and their lakes and impoundments,
including adjacent wetlands, that are located above the headwaters; and (ii)
other non-tidal waters of the U.S., including adjacent wetlands; that are not
part of a surface tributary system (i.e., isolated waters). The district
engineer must be notified if the discharge will cause the loss or substantial
adverse modification of 1 to 10 acres of such waters.
2. The applicant shall not begin discharges requiring pre-aischarge
notification under nationwide permit 26:
a. Until notified that the work may proceed under the nationwide permit
with any special conditions imposed by the district or division engineer, or
b. If notified that an individual permit may be required, or
c. Unless 20 days (calendar) have passed from the time the notification
is received by the district engineer and no notice has been received from the
district or division engineer.
3. Notification under NWP 26 must be in writing and include the following:
a. ;Name, address and phone number of applicant;
b. Location of the planned work;
c. grief description of the proposed work, its purpose, and the
approximate size of the waters, including wetlands, which would be lost or
substantially adversely modified as a result of the work; and
d. Any specific information required by the nationwide permit and any
other information that the applicant believes is appropriate.
e. Applicant is required to obtain a Section 401 Water Quality
Certification from the State of North Carolina for NWP 26 to be valid.
Applicant should furnish a copy of the certification with the pre-
discharge notification to the Corps of Engineers. To obtain a Section 401
certification, applicant should contact:
Mr. William Mills
Water Quality Section
Division of Environmental Management
N.C. Department or Natural Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED SPECIES ON OR
NEAR THE PROPOSED PROJECT AREA? YES ( J NO (X;
IF YES, INDICATE WHAT SPECIES.
10. DO YOU HAVE KNOWLEDGE OF HISTORIC PROPERTIES WHICH ARE LISTED OR
DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC
PLACES THAT OCCUR IN THE VICINITY OF THE PROPOSED PROJECT? YES ( ] NO ]
11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES ( ] NO (X J
B. CONDITIONS. THE FOLLOWING CONDITIONS `LUST BE MET FOR THE NATIONWIDE
PERMITS TO BE VALID (33 CFR 330.5-.6):
MET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT X jj -77- .
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE. .
2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT y ' ( ]
OCCUR IN AREAS OF CONCENTRATED SHELLFISH PRODUCTION
UNLESS THE DISCHARGE IS DIRECTLY RELATED TO AN AUTHORIZED
SHELLFISH HARVESTING ACTIVITY.
3. THE ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE ?Yj ( J
MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INDIGENOUS TO
THE WATERBODY (UNLESS THE PRIMARY PURPOSE OF THE FILL IS
TO IMPOUND WATER).
4. DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST (XJ ( ]
OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC
AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY (XJ ( J
.MINTAINED.
5. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE
'NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER
CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR
POSSIBLE INCLUSION.
7. THE CCNSTRUCTION OR OPERATION OF THE AC°IVITY WILL (X J ( J
NOT IMPAIR RESERVED TRIBAL RIGHTS.

C. MANAGEMENT PRACTICES. THE FOLLOWING MANAGEMENT PRACTICES SHALL BE
FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE. FAILURE,'TO COMPLY WITH THESE
PRACTICES MAY BE CAUSE FOR REQUIRING AN INDIVIDUAL PERMIT. APPLICANT
SHOULD PROVIDE EXPLANATION FOR MANAGEMENT PRACTICES NOT MET.
MET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS (j [
OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED
THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES.
2. DISCHARGES IN SPAWNING AREAS DURING SPAWNING (X' ( J
SEASONS SHALL BE AVOIDED.
3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE J [ ]
j
MOVEMENT OF AQUATIC SPECIES INDIGENOUS TO THE WATERS OR X
THE PASSAGE, OF NORMAL OR EXPECTED HIGH FLOWS OR CAUSE
THE RELOCA;.'ION OF 'I:3E ;WATER ( UNLLS ; THE PR IMN :Y PURPOSE
OF THE FILL IS TO IMPOUND WATERS).
4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER, ( J
ADVERSE. IMPACTS ON THE AOUATIC SYSTEM CAUSED BY THE
ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF
ITS FLOW SHALL BE MINIMIZED.
5. DISCHARGE IN WETLAND AREAS SHALL BE AVOIDED. ) ( J
6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED j ( J
ON MATS.
7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY J [ ]
WATERFOWL SHALL BE AVOIDED.
8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR J ( J
ENTIRETY.
APPLICANT'S SIGNATURE DATE
KIMLEY-HORN & ASSOCIATES, INC.
P.O. BOX 33068
RALEIGH, NORTH CAROLINA 27636
[phone]
FAX [phone]
TO WATER 6?()A L FN G6(.T1 o?
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WE ARE SENDING YOU X Attached ? Under separate cover via_

? Shop drawings X Prints ? Plans ? Samples
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the following items:
? Specifications
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