19941174 Ver 1_COMPLETE FILE_19941230

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
44
nova
[D EHNR
December 30, 1994
Lincoln County
DEM Project # 941174
APPROVAL of 401 Water Quality Certification
East Lincoln County Waster and Sewer District
Attn: Richard L. French
County Manager
115 West Main Street
Lincolnton, N.C. 28092

Dear Mr. French:
You have our approval to place fill material for the purpose of constructing a waste water
treatment plant at Fomey Creek Wastewater Treatment Plant, as you described in your application
dated 13 December 1994. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2664. This certification allows you to use Nationwide
Permit Number 12 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental 1 lanagement under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sinc rely,
eston Ho rd, Jr. P.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Domey
Central Files
941174.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 C% post-consumer paper
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December 13, 1994 ``?
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Water Quality Planning
North Carolina Department of Environment, Health,
and Natural Resources
Division of Environmental Management
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Attention: Mr. John Forney
RECEIVED
pEC 2 8 1994
ENVIftONMfJdTAL SCIE14CES
Reference: Forney Creek Wastewater Treatment Plant
East Lincoln County Water and Sewer District
J.N. Pease Associates' Commission No. 93057
Subject: Nationwide Permit No. 12
Gentlemen:
Enclosed are seven (7) copies of the completed Application for the subject permit.
Should you need additional information, please let me know.
Sincerely, /
Samuel L. Wilkins, PE, RLS
SLW/lh
Enclosures: Permit with Area Map
Environmental Assessment Map
cc: Mr. W.S. Henry
J.N. Pease Associates N) lio?\ 18-2, 1J2-? I a,t in(Ichcn(Icn(c WIN d. (1mr1ol(c. NC 28218 ,(1-( 1-06#21
,
DEM ID: 9 1 /Z ZZ ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
. .L -..
12
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]
115 West Main Street
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: East Lincoln County Water and Sewer District
2 OWNERS ADDRESS:
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
Lincolnton NC 28092
3. OWNERS PHONE NUMBER (HOME): -' (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Richard L French, County Manager
115 West Main Street
Lincolnton NC 28092
Telephone: [phone]
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Lincolnton
NEAREST TOWN OR CITY: Lowesville NC
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Little Egypt Road (SR 1386)
6. NAME OF CLOSEST STREAM/RIVER:
7 RIVER BASIN:
Forney Creek
Catawba River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( ) NO (X)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ) NO ( )
IF YES, EXPLAIN. May have been submitted when Original plant was construe on
this site.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS. LOCATED ON PROJECT SITE: -0- -?
-ft
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT: 0
FILLED:
DRAINED: 0
FLOODED: 0
EXCAVATED: 0
TOTAL IMPACTED: 0
n
P D Wastewater
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): ew 0 75-MG
Treatment Plant is being constructed to replace an existing 0.05-MG0 Waste-
water Treatment Plan
13. PURPOSE OF PROPOSED WORK: To construct Wastewater Treatment Plant in order
to provide sanitary sewer service to East Linco n County.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
beiingWETLAND
Treatment Plants MINIMIZE
CARRIED OUT Due to the natureL of WastewaterMEASURES
located in low
IMPACTS. 1 in areas the Proposed plant has been dpsigned iin-the most-pconomical
location with the least environment impacts Wetlandc have been avoided where
.possible. Erosion control measures have been taken to protect stream.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES-OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES (X) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES (X) NO ( J
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. N/A
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. N/A
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential and Agriculture
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
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"LOCATION MAP"
Proposed Middle Forney Creek Wastewater
Treatment Plant
East Lincoln County Water & Sewer District
February 15, 1994
Page 1 of 1
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January 12, 1995
RFc,sl?Fo
Water Quality Planning t/4N
North Carolina Department of Environment, Health, e4vo? 9/
and Natural Resources ?`NT
Division of Environmental Management 9Rgti?(SC?F
Post Office Box 29535 NFs
Raleigh, North Carolina 27626-0535
Attention: Mr. John Forney
Reference: Forney Creek Wastewater Treatment Plant
East Lincoln County Water and Sewer District
J.N. Pease Associates' Commission No. 93057
Subject: Additional Information
(Erosion and Sedimentation Control Permit)
Nationwide Permit No. 12
Gentlemen:
A Nationwide Permit No. 12 for the referenced project was submitted to your
office on December 13, 1994. For your information, enclosed is a copy of the
recently approved "Erosion and Sedimentation Control Permit."
Please let me know if you need any additional information.
Sincerely,
Samuel L. Wilkins, PE, RLS
SLW/lh
Enclosure: Permit
cc: Mr. W.S. Henry
,1.N. Pease Associates P() lion Iii- '; "2925 1 ast Inds pcn(icncc Iih(I_ t:hariouc W 28218 -01 1-0-6121
State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Linda Diane Long, Regional Manager
[DEHNR
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
January 4, 1995
Mr. Richard L. French, County Manager
Lincoln County
citizens center
115 West Main Street
Lincolnton, North Carolina 28092
RE: LETTER OF APPROVAL (For Sites with Disturbed Area
Exceeding Five (5) Acres)
Project Name: East Lincoln County Sewer/Forney
Creek WWTP
Location: Little Egypt Road - Lincoln County
Submitted By: Lincoln County
Date Received: December 7, 1994 on
New Submittal: ?S_
Dear Mr. French:
This office has reviewed the subject erosion and
sedimentation control plan. We find the plan to be acceptable
and hereby issue this letter of approval.
Please be advised that Title 15 NCAC 4B .0017(a) requires
that a copy of the approved erosion control plan be on file at
the job site. Also, you should consider this letter to give the
Notice required by G.S. 113A-61(d) of our right of periodic
inspection to insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Program is
performance oriented, requiring protection of the natural
resources and adjoining properties. If following the
commencement of this project it is determined that the erosion
and sedimentation control plan is inadequate to meet the
requirements of the Sedimentation Pollution Control Act of-1973
(North Carolina General Statute 113A-51 thru 66), this office may
require revisions to the plan and implementation of the revisions
to insure compliance with the Act.
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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Page Two
"The land-disturbing activity described in this
plan may be subject to the approval of other Local,
State or Federal agencies. This could include the
Division of Environmental Management under storm
water or water quality regulations, the U.S. Army
Corps of Engineers under Article 404 jurisdiction,
county, city or town agencies
that local
rovals under
ordinances, or other app
This approval cannot supersede any other permit or
approval."
"Because the site disturbance will exceed five acres,
you may need to file a Notice of Intent for coverage
under the State's General NPDES Permit Requirements;
per the Federal Clean Water Act, NPDES permit
regulations".
Please note that this approval is based in part on the
accuracy of the information provided in the Financial
Responsibility Form which you have provided. You are requested
to file an amended form if there is any change in the information
included on the form. In addition, it would be helpful if you
notify this office of the proposed starting date for this
project.
Your cooperation is appreciated, and we look forward to
working with you on this project.
Sincerely,
Jerry W. Cook
Regional Engineer
cc: J. N. Pease Associates
DEM - Water Quality
Inspections Dept.
Enclosure: Notice of Intent
SEA/kr