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HomeMy WebLinkAbout19950664 Ver 1_Complete File_19950623State 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 XF.WMAmmA "r ?EHNF1 August 2, 1995 Cumberland County DEM Project # 95664 State Project # 6.904755 APPROVAL of 401 Water Quality Certification Mr. Franklin Vick Planning and Environmental Branch NC DOT P. 0. Box 25201 FILF Raleigh, N.C. 27611-5201 Dear Mr. Vick: You have our approval to place fill material in 2.58 acres of wetlands or waters for"the purpose of constructing Corporation Drive and Production Drive at Cumberland Industrial Park, as you described in your application dated 19 June 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 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 60 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 Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerel / I reston Howard, Jr. E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DEM Regional Office Mr. John Dorney Central Files 95664.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone. 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 04- , . RECEIVED Jut 14 1995 I ENVIRON&ENTAL SCIENCES Ve4e/ %T, - - RQa ^H _ ,j, :; t ? rl a_ ? t 1 ' -i ' i? . ? ?" •`'i ' ? .i:.. .. ._1 1' ' i't _. . _ _ .. ._ . . . ._ .? _ ._ .. _ . _ ?_ . . . ... _.... -- - ?'__ r ,T.- i t r ,.. { ,'? - ;' y '? rZ - ?i?+-„''T-1`"S Tt-•1 1 t ?? it i. 71 1 Z, Ac. ,.?'1' 1 ItT- t`1t •' ?? :? r IYI' Tyt~S'.-t: a\ii'+u'a'-_N'f I? .?.?L ( UN fN - l.`i i_;U t= Li LLi t?'v"Ll'? i _. .`,-'t 1-i Y i U- Y -MF- ?' S,Sac ? ? f?T G?? rln /yl.,(/i M /Z ? ?dtrJ.t/fl &/ &k . Nearest road 7: area - /Z acres Wetland Addth -P d s? feet 11Wetlancl location ? on pond or lake 3? on perennial strew n interlnittant str_La-m (? within inierstream divicte ? other WIN r -Soil series ? predominantly cirga lc `- humus, Adjacent land use (within -1?'2-- mile upstream, u or radius) ? Oested/natuFal vegetation agriculture, urban/suburban impervious surface- muck, or peat predominantly rain -a' - non-sandy ?-predominantly san-_y Flooding and, wetness . ?' sem perrnanen ly to permanently flooded or Inundated Hydraulic factors ? seasona'ily flov?-dea or inundated steep topography iu ,? intemiit?antly flooded or ' ?mporary ditched o, cbannellsed s?irfaCe weer total wetland width >l 00 feet ?no evidence of flooding orb' surface .. r. ,,Water: Wetland type (select one)* ? Bottomland ha-dwood forest ? Pine savanna t-Headwater forest ? Freshwater marsh ? Swamp forest ? Bog/fen < ? Wet flat ? Ephemeral wetland ? Pocosin ? Carolina Say ? Bog forest ? Other.. *The rating system cannot be applied to salt or brackish marshes o:= stream channels r Water storage weight x 4.00 = f= Wetland Score Bank/Shoreline stabilization x 4.00 = Pollutant removal * x 5.00 = INS, ?; Wildlife ;.abitat x 2.00 Aquatic life value x 4.00 = ...;,..: .? Gl? Recreation/Ed .:cation a x 1.00 = C * Add 1 point if in sensitive wa_=_rshed and > 10% nonpoint disturbance within 1/2 mile upstream, upslope, or radius 0 57 „a SUiFv - 0 STATE OF NORTH CAROLINA. DEPARTMENT OF TRANSPORTATION JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY February 24, 1995 Mr. Scott McLendon Regulatory Field Office U. S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Dear Mr. McLendon: RECEIVED mR, 0 21995 ENARON DER TALuC1ENCES SUBJECT: Cumberland County, Corporation Drive and Production Drive, State Project No. 6.904755, Non-TIP project. Pursuant to your recent telephone conversation with Scott Gottfried, please find enclosed the exhibit denoting the new proposed alignment of Corporation Drive and Production Drive located in Cumberland County. As we discussed, the impacts to wetlands have been further reduced to 2.7 acres by: 1) moving the road to the west and 2) minimizing construction limits within wetlands to 60 feet. The "permit application and drawings are in the process of being developed and will. be sent to your office in the near future. If you have any questions prior to receiving this information, please do not hesitate to call Scott P. Gottfried at 919-733,3141. Sincerely, Stephanie Briggs, Supervisor Permits Unit SB/rfm Enclosures cc: Mr. David Cox, NCWRC Mr. Eric Galamb, DEHNR-DEM Mr. David Dell, USFWS Mr. Greg Burns, NCDOT - Division 6 Mr. David Henderson, NCDOT - Hydraulics \ \ I \ i r \ \ r r r + e:;t r r fr i r _ r r r . r r i r U r i r r r 1 r 1 1 I J d t" LIU 2li p,? STATZ, STATE OF NORTH CAROLINA DEPARTMENT OF TANSPORTATION JAMES B. HUNT JR GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 June 19, 1995 Wilmington District _ U.S. Army Corps of Engineers Regulatory Branch Post Office Box 1890 Wilmington, North Carolina 28402-1890 To Whom it May Concern: 9 s((y R. SAMUEL HUNT III SECRE7ARY ?N . Subject: Cumberland County, Corporation Drive and Production Drive, State Project No. 6.904755, Non-TIP project. Please find enclosed a copy of the permit application and drawings for the proposed alignment of Corporation Drive and Production Drive located in Cumberland County. During the planning phase of this project significant measures were taken to avoid and minimize wetland impacts. Initial designs would have resulted in approximately 5.8 acres of wetland impacts. Several additional road alignments were evaluated and the least environmentally damaging practicable alternative was chosen. The preferred alignment with 80 foot construction limits would have resulted in 3.5 acres of wetland impacts. However, impacts were further reduced to 2.58 acres by reducing the construction limits in wetlands to 60 feet throughout the majority of the wetland areas. NCDOT biologist also performed red-cockaded woodpecker surveys throughout the project area (report enclosed) and found no cavity trees, starts, or RCW individuals. Therefore, no impacts to the species will occur as a result of the project. It is NCDOT's opinion that the impacts associated with this project will not result in more than minimal adverse environmental effects either individually or cumulatively (33 CFR 3 30). J 2 herefore, we request that the project be authorized under Nationwide Permits. If you have any questions concerning this information, please do not hesitate to call Scott P. Gottfried at 919-733- 3141. Sincerel , H. Franklin Vick, P.E. Manager Planning and Environmental Branch HFV/plr Enclosures cc: Mr. John Dorney, DEM Mr. Greg Burns, P.E., NCDOT Division 6 Mr. Kelly Barger, P.E., Project Management Unit Mr. Don Morton, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics NO'T'IFICATION FORM INFORMATION SHEET Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification A. NOTIFICATION TO THE CORPS OF ENGINTEERS DISTRICT ENGINEER. (REFER TO ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE_ QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.) Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows: NWP 5 (only for discharges of 10 to 25 cubic yards) NWP 7 NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot) NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special aquatic sites) NWP 17 NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include a delineation of the affected special aquatic site, including wetlands) NWP 21 (must include a delineation of affected special aquatic sites, including wetlands) NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites, including wetlands) NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources) NWP 37 NWP 38 (must include a delineation of affected special aquatic sites, including wetlands) For activities that may be authorized by the above listed nationwide permits that require notification, the applicant shall not begin work a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by the District Engineer, or b. If notified that an individual permit may be required, or c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer and no notice has been received from the District Engineer, and required state approvals have been obtained. Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if the activity will affect the coastal area. s Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written concurrence is received from the District Engineer. The time. periods described above do not apply. Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NbIF'S), and the State Historic Preservation Office (SHPO), as indicated below and on the notification form, do not apply. B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION. Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality cenditcation. They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWT 34, NWP 38, and NWT? 40. Certain nationwide permits were issued general certifications and require no application. They are NWP 3, N,WP 4, 'NWP 5, NRT 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36, and NWP 37. 'ects i he following nationwide permits were issued general certifications for only limited activities: NWP 13 (for pro.* less than 50) feet in lengh), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less txd?n 10 cubic yards of fill in waters only), and NWP 26 (for projecs with less than or equal to one-third acre fill of waters or ,;-otla^ds). Projects that do not meet these criteria -equire application fro; Section 401 water quality certifications. C. NOTIFICATION/APPLICATION PROCEDURES. The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of Environmental Management as specified above. The permittee should make sure that all necessary information is provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper. Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may be affected by the proposed project. U.S. FISH AND WILDLIFE SERVICE RALEIGH FIELD OFFICE P.O. Box 33726 Raleigh, NC 27636-3726 Telephone (919) 856-4520 NATIONAL MARINE FISHERIES SERVICE HABITAT CONSERVATION DIVISION Pivers Island Beaufort, NC 28516 Telephone (919) 728-5090 Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic Preservation Office regarding the presence of historic properties that may be affected by the proposed project. STATE HISTORIC PRESERVATION OFFICE N.C. DIVISION OF ARCHIVES AND HISTORY 109 East Jones Street Raleigh, NC 27601 Telephone (919) 733-4763 Information obtained from these agencies should be forwarded to the Corps. DEM. ID: 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 (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Boy 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 -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: North Carolina Department of Transportation; Planning & Environmental Branch 2. Owners Address: P. 0. Box 25201; Raleigh, NC 27611 3. Owners Phone Number (Home): --- (Work): (919) 733-3141 4. If Applicable: Agent's name or responsible corporate official, address, phone number: H. Franklin Vick, P.E. Manager 5. Location of work (MUST ATTACH MAP). County: Cumberland Nearest Town or City: Hope Mills Specific Location (Include road numbers, landmarks, etc.): See site map . 6. Name of Closest Stream/River: Rockfish Creek 7. River Basin: Cape Fear River 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO V] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO ? ] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 2.58 acres 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 2.58 acres Drained: Flooded: Excavated: Total Impacted: 2.58 acres Y 4 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): A two-lane connector road between Highway 59 and Tom Starling Road and a two-lane side road connecting to the Cumberland County Industrial Park. 13. Purpose of proposed work: Public Highway 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. This is the preferred alternative. Wetland impacts have been avoided and minimized by shifts in alignment and reducing construction widths. 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[ ] NO [X ] 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 maybe affected by the proposed project? Have you done. so? YES[ ] NO (x ] 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. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? Zoned Industrial/Cuttently forested. F. If applicable, what is proposed method of sewage disposal? 1912- D ?'5 Date N. C. DEPT.OF TRANSPORTATION DIVISION OF HIGHWAYS CUMBERLAND COUNTY CORPORATION DRIVE AND PRODUCTION DRIVE PROJECT: 6907455 FAYETTEVILLE, NC SHEET 'I OF 11 IT \ ?'???, ? 3111 \ 1221 0 \ .,f 112! /`+• rr• \?e < ? ". ;.yr S l ro I >sJf t-f • V i 11 .13 :;ar?` ?!, nee / ? o° `•?°? // , \ Iii, rr.• lul. Lzzi _;1 •- 11)1 Ilr• lill ? ? -! \ 1942 \ 1 \?J 1..)L / 21.\ . !• l Z ro r ° 2 ''' .os 112 ?fJ ,teu •IG. J' I 71)3 r _ f r• \ t a S.U G 1.31 ? rG • / W4 1 SCALE ?Jj?s/•• ? 1 0 1 a°LE N N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS D CUMIlERLA\D COUNTY CORPORATION DRIVE AND W PRODUCTION DRIVE PROJECT: 6907453 F iYL: i TZVILLE, INC SHEET 2 OF 11 S - v / O I r' 'I f r a I o , 'OD , t r r 7 \r > ci 77 (r r LL i C.U I r , < !r < I W >> r- O J V L? 1 I , i i 1 r I r i J W R J n ' ^ O rr ^ 3: a: I r O r 4 J r O 7I I Y I r• Y ate, I \? 1 II -?-?1 \ 1 i ? -'ra • 1•.I i \ - r ?° i ?ala ?\ l.• co ? 'ti H'y '3 SIT- N.C. DEPT. OF TR 3NSPORTATIOv DIVISION OF HIGHWAYS CUMBERLAND COUNT' CORPORATION DRIVE AND PRODUCT ION DRIVE PROJECT: 6907-455 FAYETT_EVILLE, NC i"' SHEET J OF \ ?f L; -- , 0? IJ / ? I / r)1 ..:b II( I .y / i I I u j •? i 1 T i t I , J ti•r; F-- O Jw / / / / I I ? Tv r '1 ? I ti r- /j O (n 1_- -C Q E. SITE '/^J .t 1 1 1 r 1 I It 1 1 t V S? a = " N. C. DEPT.OF TRANSPORTATION s DIVISION OF HIGHWAYS CUMBERLAND COUNTY CORPORATION DRIVE AND IrL PRODUCTION' DRIVE PROJECT: 6907455 i FAYETTEV ILLE, NC `? SHEET G OF ? I v I I i I i I i I I I I a r y J ? s J J ?• j J v W ?= O 2 0 o5 ' N J 'n ;V 7 J T W C I ?\ I i W v t t 1 II ' r I 1 ?' Sb I ?v t i W ' r• rJ ? II < y ? t W I I i U ?O ro J u; ' u LLJ O W ??. 21, I \ j ?i i? i \ T? t.1 J ?i J -,--rt,7 I i I I I SITE- 3 1 ?r I I - i t I I r \r ?r N. C. DEPT.OF TRANSPORTATION DIVISION OF HIGHWAYS CUMBERLAND COUNTY CORPORATION DRIVE AND PRODUCTION DRIVE PROJECT: 6907455 FAME TTEVILLE, ?iC SHEET 5 OF II r' ? r LI r r r , r r 1 iI I_I ? r 'i { ( t ? *- t Ii > 02 11 1 ? r Ul i o ?1 - T .. J I w? O 1 z --? 11 i- < Q < u? 0 moo` ?I < Q - N 1 i y 1 I.aJ 77- ?- V 1 0 1 i_ 1 1 J 1 w 1 O 1 1 SITE41 I R.^; I ,, v p J ? ti N. C. DEPT. OF TRANSPORTATIO\T DIVISION OF HIGHW a.A,'S CUMBERL:".ND COUNTY CORPORATION DRIVE AND PRODUCTION DRIVE PROJECT: 5907455 FAY ZTTEVILLE, NC SHEET 6 OF 11 a Y 1 ?? 1 J ?r) 1 o 1 W O 1 w -77 p o v 1 CL' J U 3 1 ` LO ) , _ J! ' W X ) O < U j ` ? N LU 1 , L:j ? r I I ,( G r 1 i r 1 ! / I v td J e- t ? 1 j%y / N Pbay ` ??JJ n ? 1 C VO?? u i ? ? 7 !f r , r ?i r , ? r O O -? W I , }i Q J F-- S J N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS CUMBERLAND D COUNTY CORPORATION DRIVE AND PRODUCTION DRIVE PROJECT: 6907455 F AYE T T%VILLE, NC -SHEET 7 OF C _ ., 0 2J L .J J I i i STA. 20- 69 -L-REV- 130 7// 71 / `?i N G ?T f0 SE i ION A-A u so ? I I I 1 STA. 10 - 07 -Y- r;EV- 1-170 CL , 120 ? NG ? ; C L I= 10 VE=ST, = 2O I-101R 17 , .?J t_f iT 101\11 L? /V I DENOTES UNSIJITALLE [ MATMIRIAL REMOVAL c, ?? .? EXCAV. _ CU YD. N. C. DEPT. OF 5 PORT.-4-TIO: i DIVISION OF HIGHWAYS CUMBERLAND COUNTY CORPORATION DRIVE AND PRODUCT ION DRIVE PROJECT: 6901%,55 F.'.YETTEVILLE, NC S EET _ OF ?- ?L) 25 ?` ! J STA. 39 tCO - L-REV- 120 0 NG'7 SE ? ION C C L 0 25 i STA. 49 1 50 - L- REV- 110 j' NIG c0 J 50 C Sr-" i ION D-D DEcIN TES UNSUITABLE , MATE- RIf"?L REM10VAL .-D,C' `1 L C Si T r- '2 EXCAV. = 829 cu. YD. S1 7 P' ', ?7 .AV. =1306 (-U. Yr- N. C. DEPT. OF TRANSPORT.T ION I = IO VEf (T, DIVISION OF HIGHWAYS CUMBERLAND COUNTY 1=20 HOR 17. CORPORATION DRIVE AND PRODUCTION DRIVE PROJECT: 6907 '55 U`I?V I 5 I FILL Iri FAYETTEVILLE, NC SHEET 9 OF SUMMARY SHEET FILL IN WETLANDS SITE STATION (AC.) INTERSECTION OF -L- REV I 29+29.20 & -Y- REV 9+34.32 0.29 -L- REV 37+10 TO 2 -L- REV 40+00 0.35 -L- REV 46+20 TO RE" 50+68 0.5' -Y- R--V 22=50 TO 4 -Y- 27+40 1.37 -OTAL 2.58 ACRES N. C. DEPT. OF TRANSPORTATIOTT DIVISION OF HIGHWA S CU.'vlBERLA\TD COUNTY CORPORATIO\ DRIVE A.N;D PRODUCTION DRIVE PROJECT: ?G907 :_S FAYETTEVILLE, NC SHEET 11 OF I I PROPERTY OWNERS 1) Ms.' Glenda Sue Cain Robinson 619 Parkway Blvd. Wilmington, N.C. 28412-6533 2) Mr. Jim Copeland Medical Foundation of N.C. INC. 880 Airport Road Chapel Hill, N.C. 27514 3) Mr. Bernard Lambert ^_17 Ly,-wood Lane Raleigh, N.C. 27609 4) Mr. J.P. Riddle ATTN. Mr. Albert Rumbouah P.O. Box 53646 Fay, N.C. 28305 5) Walmart Store inc. Corporate Office 702 South West Sth Street Bentonville Arkansas 72716 r