19870436 Ver 1_COMPLETE FILE_19870824

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. SOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 19, 1987
Regulatory Branch
RECEIVED
AUG 2 4 '1987
WAfLk QUALOY SECTION
OPERATIONS BRANCH
Mr. Ralph S. Jarvis
Jarvis Associates, P.A.
Suite 201
4400 Falls of Neuse Road
Raleigh, North Carolina 27609
Dear Mr. Jarvis:

Reference your meeting of July 28, 1987, with Mr. Ken Jolly of
my staff on the Daniel-Mills property adjacent to Cornwallis Road
in Durham, Durham County, North Carolina. Reference also your
letter of August 6, 1987, which included grading plans for the
proposed site.
The meeting, augmented by the aforementioned grading plans,
indicates that you propose to place fill material into
approximately 0.59 acre of cleared wetlands located above the
headwaters of Northeast Creek. No filling is proposed in
Northeast Creek nor within the designated floodway.
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.
-2-
i.
b. 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).
c. Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
d. Any structure or fill will be properly maintained.
e. 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. You should contact Mr. William Mills, telephone (919)
733-5083, concerning this required certification.
f. 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.
mats.
(6) Heavy equipment working in wetlands will be placed on
(7) Discharges into breeding areas for migratory
waterfowl will be avoided.
-3-

(8) All temporary fills will be removed in their
entirety.
The District Engineer has determined that the individual and
cumulative adverse effects on the environment of your proposal
will be minimal. Your work is authorized by nationwide permit
provided it is accomplished in strict accordance with the
preceding conditions. Again, please note that an individual State
water quality certification must be obtained or waived prior to
any work. The above nationwide permit authorization does not
relieve you of the responsibility to obtain any other required
State or local approval.
If you have questions, please contact Mr. Jolly, Regulatory
Branch, telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. John Parker
North Carolina Department
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina
Mr. William Mills
Wa er Quality Section
D ision of Environmental
North Carolina Department
Resources and Community
Post Office Box 27687
Raleigh, North Carolina
Mr. Leo Young
of Planning Department
City of Durham
101 City Hall Plaza
Durham, North Carolina
27611-7687
Management
of Natural
Development
27611-7687
27701
t ?+
StAIZ
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
S. Thomas Rhodes, secretary R. Paul Wilms
January 29, 1988 Director
Mr. Ralph Samuel Jarvis
4400 Falls of Neuse Road, Suite 201
Raleigh, NC 27609
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
Daniel - Mills Property
Durham County
Dear Mr. Jarvis:
Upon review of your request for Water Quality
Certification to place fill material in wetland areas
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,
Original Signed By
William C. Mills
For R. Paul Wilms
RPW/dkb
Attachment
cc: Wilmington District Corps of Engineers
Raleigh Regional Office
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL t WATER QUALITY CERTIFICATIO
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-2153(a)(1), 1d3-215.3(c), 113A-118 (33 CFR 209.320-329)
RECEIVED
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
.AUr 1 0 1987
1. Applicant Information WATER QUALITY ??
A. Name Jarvis Ralph OPERATION-7. Fuel
Last First Middle
B. Address _ 4400 Falls of Neuse Road, Suite 201
Street, P. O. Box or Route
Raleicih North Carolina 27609 [phone]
City or Town State Zip Code Phone
If. Location of Proposed Project:
A. County Durham
B. 1. City, town, community or landmark Tl»rham
2. Is proposed work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
North Prong of Northeast Creek
III. Description of Project
A. 1. Maintenance of existing project 2. New work YPG
B. Purpose of excavation or fill
1. Access channel length width' depth
2. Boat basin length width depth
3. Fill area Yes length 500' width 451 depth 5
4. Other length width depth
C. 1. Bulkhead length n /a Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material) n/a
D. Excavated material (total for project)
1. Cubic yards n/a 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 4,000 2. Type of material Soil (Sand Clay)
IV. Land Type, Disposal Area, and Construction Equipment:
A.. Does the area to be excavated include any marshland, swamps or other wetland? Yes n /a No
B. Does the disposal area include any marshland, swamps or other wetland? Yes n,LNo
C. Disposal Area
1. Location n /a
2. Do you claim title to disposal area?- n /a
D. Fill material source if fill is to be trucked in n/a
E. How will excavated material be entrapped and erosion controlled? Riser Basin
F. Type of equipment to be used DnzPrg . qpl f T,nad i ncl Pan.-_ Rn1 1 Pre
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
D& F-01
Rev. 10/78
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial Shopping Center Parking Lot
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) n/a
2. Elevation of lot(s) above mean high water
3. Soil type and texture (Wehadkee- CL-Mr,)() (ChPwarl a; m-W.)
4. Type of building facilities or structures Stone Base, Asphalt Parking Lot
S. Sewage disposal and/or waste water treatment A. Existing X Planned
B. Describe City of rhirham Sanitary SPWPr
6. 1Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER X (See CAMA Locat Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the gAoposed project_ involve the placement of fill materials below mean high water? Yes X_ No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-.X--No
2. Type of discharge Stnrm W;;tar
3. Location of discharge Catch Basins, Pipes, Velocity Controls
VII. Present rate of shoreline erosion (if known): n/a
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: n /a '
IX. Length of time required to complete project: 18 months
X. In addition to the completed application form, the following items must be provided:
A. Attach a 7cop e deed (with S application only) or other instrument under which applicant
claims title ct rty. OR if applicant is not claiming to be the owner of said property,
then forwaa deed o er instrument under which the owner claims title plus written
mission wner to carry out th e ct on his land.
Attach an accurate work plat drawn to scale on 825 A.- 1 1 -Td,*wpaper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the -app n and
certified mail or b?euMicatie
D. List names and lete addresses of the
Such owners have 30 dayss ik?to sW
ved upon adjacent riparian landowners by registered or
(d)) Enter date served
with property adjoining applicant's.
comments to agencies listed below.
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DAT ?p
Applica
D&F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78

APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALIT=CERTIFICATIO
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-2153(a)(1), 1d3-215.3(c), 113A-118 (33 CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name Jarvis Ralph Samuel
Last First Middle
B. Address 4400 Falls of Neuse Road, Suite 201
Street, P. O. Box or Route
Raleigh North Carolina 27609 [phone]
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County Durham
B. 1. City, town, community or landmark l)nrham
2. Is proposed work within city limits? Yes XNo
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
North Prong of Northeast Creek
III. Description of Project
A. 1. Maintenance of existing project 2. New work -- Yp,
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area Yes length 500' width 451 depth 51
4. Other length width depth
C. 1. Bulkhead length n /a Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material) n/a
D. Excavated material (total for project)
1. Cubic yards n/a . 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 4,000 2. Type of material Soil (Sand Clay)
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes n /a No
B. Does the disposal area include any marshland, swamps or other wetland? Yes n,L No
C. Disposal Area
1. Location n /a
2. Do you claim title to disposal area? n /a
D. Fill material source if fill is to be trucked in n/a
E. How will excavated material be entrapped and erosion controlled? Riser Basin
F. Type of equipment to be used nn7.Pr_, qel f Lnadi ng Pang, Rn1 1 Pr.
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
D& F-B 1
Rev. 10/78

V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial Shopping Center Parking Lot
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) n/a
2. Elevation of lot(s) above mean high water n,La
3. Soil type and texture (Wehadkee • L-MT L{?hPwac?1 a; (`T -MT.?
4. Type of building facilities or structures Stone Base, Asphalt Parking Lot
S. Sewage disposal and/or waste water treatment A. Existing X Planned
B. Describe City of Durham Sani tar?z SPWPr
6. 1Land Classification" (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER X (See CAMA Local Land Use Plan Synopsis)
VI.. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill. materials below nnean high water? Yes Y No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yeses No
2. Type of discharge Stnrm Waf-ar
3. Location of discharge Catch Basins, Pipes, Velocity Controls
VII. Present rate of shoreline erosion (if known): n /a
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: n /a
IX. Length of time required to complete project: 18 months
X. In addition to the completed application form, the following items must be provided:
A. Attach a he deed (with S application only) or other instrument under which applicant
claims title to the affect rty. OR if applicant is not claiming to be the owner of said property,
then forward a cop a deed o er instrument under which the owner claims title plus written
mission fr he owner to carry out the ct on his land.
Attach an accurate work plat drawn to scale on paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the ap n and
certified mail or icatie
D. List names and r.QWlete addresses of the
Such owners have 30 days in Into W
ved upon adjacent riparian landowners by registered or
(d))Enter date served
>ianWowners with property adjoining applicant's.
comments to agencies listed below.
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
o ment activities, including construction, excavation, filling, and land clearing.
DAT
Applicant's na re
D&F-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78