19880280 Ver 1_COMPLETE FILE_19880101

: STSTA7[ , .
or 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 August 9, 1988 Director
Mr. Brad A. Rhinehalt
Bass, Nixon & Kennedy,
7416 Chapel Hill Road
Raleigh, NC 27607
Dear Mr. Rhinehalt:
Inc.
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
Harrison Place Recreation
Center
Wake County
Upon review of your request for Water Quality
Certification to place fill material in an unnamed tributary
to Black Creek near Cary, 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,
RPW/dkb
Attachment
Original. Signed By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Raleigh Regional Office
Pollution Prevention Pa.,s
PQ. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

An Equal Opportunity Affirmative Action Employer
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BASS, NIXON & KENNEDY, INC., CONSULTING ENGINEERS
919.851-4422 7416 CHAPEL HILL ROAD, RALEIGH, N. C. 27607
August 5, 1988
Mr. Bill Mills
Water Quality Section
Division of Environmental Management
Department of Natural Resources and
Community Development
P. 0. Box 27687
Raleigh, North Carolina 27611-7687
Subject: Harrison Place Recreation Center
Request for Certification for Proposed
Channel Relocation
Dear Mr. Mills:
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19

Please find the enclosed site plan showing the proposed channel
re-alignment of an unnamed tributary to Black Creek. Also, included is
a copy of the General Permit issued by the Corps of Engineers
authorizing the placement of fill material into the creek channel.
We would like to request a Water Quality Certification from your office
for the proposed work.
Please feel free to contact us if any additional information is
required.
Very truly yours,
BASS, NIXON & KENNEDY, INC.
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Brad A. Rhinehalt
BAR/rt
Enclosure
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CARY, N. C.
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 1, 1988
SUBJECT: Nationwide Permit No. 26
Mr. Bradley A. Rhinehalt
Bass, Nixon & Kennedy, Inc.
7416 Chapel Hill Road
Raleigh, North Carolina 27607
Dear Mr. Rhinehalt:
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611.011 Ak was"40
On July 27, 1988, Ms. Kathy Trott of my staff met with you at
the North Harrison Recreation Center site located off North
Harrison Avenue outside Cary, Wake County, North Carolina. The
purpose of this meeting was to inspect the property for the
presence of waters or wetlands subject to Department of the Army
authority and to discuss a placement of fill material into the
stream channel associated with the relocation of approximately 200
feet of an unnamed tributary to Black Creek.
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. This general authorization is valid
only for work that causes the loss or substantial adverse
modification of less than one acre of wetlands.
Your work, as described in your letter dated July 28, 1988,
is authorized by the above nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions.
Please be aware that this authorization will not relieve you of
the responsibility to obtain any required State or local approval,
including a State Water Quality Certification. You should contact
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Mr. Bill Mills pf the N.C. Division of Environmental Management,
telephone [phone], concerning this required certification.
Should you have any questions, please contact'Ms. Kathy Trott,
Regulatory Branch, Raleigh Field Office, [phone].
Sincerely,
1
har W. Hol is
hief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. S. Douglas Spell
Town of Cary
Assistant Town Engineer
Post Office Box 1147
Cary, North Carolina 27512
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a. Any discharge of dredged or fill material will not occur in the
proximity of a public water supply.
. b. The activity will not jeopardize a threatened or endangered species as
identified under the Endangered Species Act, or destroy or adversely modify
the critical habitat of such species.
c. The activity will not significantly disrupt the movement of those
species of aquatic life indigenous to the waterbody (unless the primary
purpose of the fill is to impound water).
d. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
e. Any structure or fill will be properly maintained.
f. The activity will not occur in a component of the National Wild and
Scenic River System nor in a river offically designated by Congress as a
"study river" for possible inclusion in the system.
g. If the activity may adversely affect historic properties which the
National Park Service has listed on, or determined eligible for listing on,
the National Register of Historic Places, or if significant historic
properties are encountered before or during work, the permittee will notify
the District Engineer.
h. 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 pemit.
I. The following management practices will be followed to the maximum
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).
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(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.
(6) 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.