19930156 Ver 1_COMPLETE FILE_19930301

State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street * Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
March 1, 1993
Steven F. Stokes
KCI Technologies
Landmark Center 1
4601 Six Forks Road
Suite 209
Raleigh, N.C. 27609-5201
Dear Mr. Stokes:
Subject: Proposed fill in Wetlands or Waters
Durham County
Project # 93156
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.0365 acres of wetlands
or waters which are tributary to Ellerbee Creek for development
located one mile from the Camden Avenue, and Roxboro Road
intersection along Camden Road (wetland W-3) in Durham County, we
have determined that the proposed fill can be covered by General
Water Quality Certification No. 2671 issued January 21, 1992. A
copy of the General Certifications are attached. These
Certifications may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney at
919-733-1786
Sincerely,
reston Howard Jr. P.E.
93156.ltr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer

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TECHNOLOGIES
February 23, 1993
DEM - Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Attention: Mr. Ron Ferrell
Gentlemen:
Subject: KCI Technologies, Inc.
Environmental Assessment of the Property Located
off Camden Avenue in Durham County, North Carolina
KCI Job Order No. 1292011A
Landmark Centcr 1
4601 Six Forks Road
Suite 209
Raleigh, NC 27609-5210
[phone]
Fax Number
[phone]
KCI has conducted a comprehensive wetland investigation for a portion of the subject
property on approximately 21 acres along the eastern outskirts of the City of Durham in
Durham County, North Carolina. The property is located approximately 1 mile east of
Roxboro Road and Camden Avenue intersection along the north side of Camden Avenue.
During this investigation two wetland areas were identified and delineated by flagging and
a surveyed map was prepared. The first jurisdictional wetland unit (W-3) comprises a total
of 0.0365 acres located centrally on the property. This wetland is located above the
headwaters of an unnamed intermittent stream and should meet the Nationwide permit #26
requirement of the Corps of Engineers and the State 401 program.
The second jurisdictional wetland unit (W-1) comprises of 0.878 acres and lies parallel to
Ellerbe Creek. This wetland is located below the headwaters of Ellerbe Creek and does not
meet the Nationwide permit requirements of the Corps of Engineers and the State 401
program for filling.
K(--I ITCHNOI OGLES, INC.
ENGINEERS and PLANNERS

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February 23, 1993
Mr. Ron Ferrell
DEM - Water Quality
Page 2
KCI respectfully requests a Letter of Certification confirming that the first jurisdictional
wetland unit (W-3) can be filled without prior notification under the state 401 program.
Please provide any additional information concerning the 401 permit process you deem
appropriate. I look forward to your response by Friday March 5, 1993.
If you have any questions concerning the notification, please call.
Very truly yours,
Steven F. Stokes, CPSS
Certified Professional Soil Scientist
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 29, 1993
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MAR j U 1993
WIT-- LAN _. L 1tr
Regulatory Branch 'IN f? oull I ,,
Action ID. 199301641 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Carolina Sunrock Corporation Associates
1001 West B Street
Butner, North Carolina
Dear Sirs:
Reference the letter dated February 23, 1993, submitted on your behalf by
KCI Technologies, and describing your 21-acre tract adjacent to, and below the
headwaters of, Ellerbee Creek, on the north side of Camden Avenue, east of the
Norfolk and Western Railroad line, in Durham, Durham County, North Carolina.
KCI indicated that their investigation showed a total of 0.92 acre of
jurisdictional wetlands, subject to Section 404 of the Clean Water Act, on the
site, including 0.88 acre adjacent to the Creek, and a 0.04 acre area that
appears to be adjacent to, and above headwaters of, an unnamed tributary on
the site, based on the submitted information.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permi.Ls (NW P).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. The discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. The permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work could be authorized by this NWP provided it impacts less than
one acre of jurisdictional waters of the U.S. that are above headwaters or
isolated, and provided it is accomplished in strict accordance with the
enclosed conditions. The applicability of the NWP cannot be definitely
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confirmed without a site investigation by a Corps of Engineers representative
to determine the exact impact to wetlands and the above headwaters status of
any jurisdictional areas. If this tract is a portion of a larger tract which
was subdivided, the applicability of the NWP to all jurisdictional impacts on
the larger tract would have to be considered. The NWP does not relieve you of
the responsibility to obtain any required State or local approval. You should
contact Mr. John Dorney, North Carolina Division of Environmental Management,
[phone], to obtain the necessary Section 401, Water Quality
Certification prior to starting work.
This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP authorization expires or is suspended or revoked, or is modified, such
that the activity would no longer comply with the terms and conditions of the
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP's
expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend, or revoke the
authorization_
Questions or comments may be addressed to Mr. Eric Alsmeyer, Raleigh
Regulatory Field office, at telephone [phone], extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure): Copies Furnished (with enclosure):
-1 r. John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
KCI Technologies
Attn.: Mr. Steven F. Stokes, CPSS
Management 4601 Six Forks Road, Suite 209
of Raleigh, North Carolina 27609-5210
27611-7687