19930721 Ver 1_COMPLETE FILE_19930813

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 23, 1993
IN FlEPLY Flththl IU
Regulatory Branch
Action ID No. 199303807 and Nationwide Permit No. '(Headwaters and Isolated
Waters)
Mr. Larry Umstead
Durham Public Schools
Post Office Box 30002
Durham, North Carolina 27702
Dear Mr. Umstead:
Through coordination with your agent Mr. Gary Greene, we have learned of
your plans to construct a=mew school located north of Liberty Street, east of
Alston Avenue, and south of Taylor Street, adjacent and above the headwaters
of an unnamed tributary to Ellerbe Creek, in Durham,`am County, North
Carolina.
On July 20, 1993, Mr. Ken Jolly and Ms. Jean Benton of my staff conducted
a site inspection to determine the presence of wetlands subject to our
regulatory jurisdiction pursuant to Section 404 of the Clean Water Act.
During this inspection, it was determined that our regulatory jurisdiction is
restricted to the stream channels located on the property. Your project will
involve the piping and filling of these jurisdictional areas, impacting
acre.
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 permits (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a section 401
water quality certification from the North Carolina Division of Environmental
Management (NCDEM). Enclosed is a Pre-discharge Notification application
which you should submit to Mr. John Dorney, NCDEM, for approval. Mr. Dorney
can be reached at telephone [phone]. This NWP does not relieve you of
the responsibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
-2-
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 Ms. Benton, Raleigh Field
office, telephone [phone], Extension 24.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
Copies Furnished (without enclosures):
Y?'. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Gary Greene
Post Office Box 99213
Durham, North Carolina 27264
4t
- State of North Carolina A11 F
Department of Environment,
Health and Natural Resources
•
Division of Environmental Management
James B. Hunt, Jr., Governor ? C 9ft
Jonathan B. Howes, Secretary C
A. Preston Howard, Jr., P.E., Director
September 22, 1993
Durham Public Schools
Board of Education
P.O. Box 30002
Durham, N.C. 27702
Dear Sirs:
Subject: Proposed fill in Wetlands or Waters
Eastway Elementary school
Durham County
DEM Project # 93721
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.7 acres of wetlands or waters which are
tributary to Ellerbe Creek for Eastway Elementary School located at
Alston Avenue (NC 55) in Durham County as described in your submittal
dated 27 August 1993, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2671. 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 this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
A. Preston Howard, Jr. P.E.
93721.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Gary Greene; Consulting Engineering
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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DEM ID: q3`7?/ ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND P O NBox ATURAL RESOURCES D R
Raleigh, NC 27626-0535
ATTN: MR. j OHN DORNEY 7
Telephone [phone] AUG

1993
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO S..0F ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR NMFN., TAL MANAGEMENT.
PLEASE PRINT. /
41d?t4?c Sctloo%t /?oA2L! aT ?c?T/o/
1. Owners Name: 0&-&AiAA2 /0
2. Owners Address: e. &o , 30, o z v2w,o.? ?C Z 702
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
(- -,,A/ZV C?26ENE ?q??sy?¢i??6 ?N6/n?Ee2/Nb ??.U X14-1[! -11939
(/`ySf D?C'P_ ?b,Y ! ???3 T ?QC y c?7b '? 9?
/?A7 C 27V 2 y
5. Location of work (MUST ATTACH MAP). County: 10VIe W41n
Nearest Town or City: D'u"e.-m ?
Specific Location (Include road numbers, landmarks, etc
1655) . G
??!/2.U?vn L?c.r?2e1 S
/s /36viVIO EO
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6. Name of Closest Stream/River: 66v-re 62
7. River Basin: A/ C-1 E'
8. Is this project located in a watershed classed as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO 0
If yes, explain.
10. Estimated total number of acres of waters of he U.S., including wetlands, located on project site:
ACne'S Al f?/MO?CO 1//1+x. /N/oT?l ??e?/?P 1 ?S? U???{
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: LI) - 7 6(,Lej
Drained:
Flooded: _
Excavated:
(opo
V)
Total Impacted: 0. 7 be z es