HomeMy WebLinkAbout19970378 Ver 1_Complete File_19970512RECEIVED
DEPARTMENT OF THE ARMY ��Nu S 1991
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 E "ONNIENTAL SCIENCES
WILMINGTON, NORTH CAROLINA 28402 -1890 �u
June 2, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199702643; 199702700; 199702701 and Nationwide Permit No. 12
(Utility Line Backfill and Bedding)
Mr. Melvin W. Rape
City of Kannapolis, Public
Post Office Box 1199
Kannapolis, North Carolina
Dear Mr. Rape:
Works Director
28082
s�
Reference your application of April 24, 1997, for Department of the Army
(DA) authorization to install 8 -inch D.I.P sanitary sewer lines as part of the
"Water and Sewer Improvements Project ", near Lake Fisher, in Kannapolis,
Cabarrus County, North Carolina. The project will require 4 stream crossings
including Cold Water Creek and unnamed tributaries to Cold Water Creek.
Approximately 0.05 acres of stream channel will be impacted by the project.
For the purposes of the Corps of Engineers' Regulatory Program, the
"December 13, 1996 Federal Register, Final Notice of Issuance, Reissuance, and
Modification of Nationwide Permits (61 FR 65874)" listed nationwide permits.
Authorization, pursuant to Section 404 of the Clean Water Act, was provided
for the discharge of dredged or fill material associated with excavation,
backfill or bedding for utility lines, including outfall and intake
structures, provided there is no change in preconstruction contours. This
nationwide permit does not authorize access roads, temporary or permanent, or
foundations associated with overhead utility lines.
Your work is authorized by this nationwide permit 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
Department of Environment, Health and Natural Resources (NCDEHNR). You should
contact Mr. John Dorney, telephone (919) 733 -1786, regarding water quality
certification. This nationwide permit 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. It is
incumbent upon you to remain informed of changes to the nationwide permits,
which will be announced by public notice when they occur. If you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.
-2-
We have evaluated potential impacts of your activity and we have
determined that your proposal will not affect any endangered species.
When you have completed your work and any required mitigation, please
sign and return the enclosed certification form.
Questions or comments may be addressed to Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone (704) 271 -4014.
Sincerely,
Robert W. Johnson
Office Manager
Asheville Regulatory Field Office
Enclosures
Copies Furnished (without enclosures):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Jeffery D. Moody
Alley, Williams, Carmen, & King, Inc.
Post Office Box 1248
Kannapolis, North Carolina 28082
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Melvin W. Rape
Public Works Director
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28082
Dear Mr. Rape:
AT4�
Aw���
IDEHNF=1
May 12, 1997
Cabarrus County
WQC 401 Project #970378
You have our approval, in accordance with the attached conditions, to place fill material in 0.05 acres of
wetlands or waters for the purpose of installing utility lines at City of Kannapolis (Contract XXHI), as you
described in your application dated 28 April 1997. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 3101. 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). 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 including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919- 733 -1786.
Sincerely,
Ell on Howard, Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston -Salem DWQ Regional Office
Mr. John Domey
Central Files
Jeffrey Moody; Atley, Williams, Carmen & King
970378.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 -733 -1786 FAX # 733 -9959
An Equal opportunity Aff irmative Action Employer • 50% recycled /10% post consumer paper
alley, williums, carmen
BURLINGTON OFFICE KANNAPOLIS OFFICE
ENGINEERS & ARCHITECTS CONSULTING ENGINEERS
p.o. box 1179 / 740 chapel hill road p.o. box 1248 / 207 south main street
burlington, north Carolina 27216 kannapolis, north Carolina 28082
telephone 9101226 5634 telephone 704/938 -1515
fax 910/226 -3034 fax 704/938 -6810
April 28, 1997 (�
96545
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health
And Natural Resources
P. O. Box 29535
Raleigh, North Carolina 27626 -0535
Re: City of Kannapolis, Applicant
Contract XXIII Water and Sewer Improvements
City of Kannapolis Sanitary Sewer Creek Crossings
Dear Mr. Dorney:
& king, inc.
GREENSBORO OFFICE
ENGINEERS & ARCHITECTS
300 east wendover avenue, suite 403
greonsboro, north caroling 27401
telephone 910/378 2.754
fax 910/318 2 583
PLEASE REPLY TO:
Kannapolis
*4,1-
RF�Fi��G:
FM�,R
NOV,-
C.Ck" S
On behalf of The City of Kannapolis, please find attached seven (7) copies of the joint
application form for Nationwide Permits that require notification to the District
Engineer. This permit is for proposed sanitary sewer creek crossings shown on the
attached Contract cover sheet and appropriate plan and profile sheets. The crossings are
located on Coldwater Creek and un -named tributaries to Cold Water Creek. The
crossing shown on sheet one is located in a WS IV Watershed. All the other crossings
are located below the Lake Fisher Dam and are classified as a Class C Stream.
Also attached are photographs of the proposed crossings. We have forwarded one copy
of the application to the Army Corps of Engineers, Asheville Office for review and
processing.
Please call me at (704) 938 -1515 if any further information is required.
Sincerely,
Alley, Williams, Carmen & King, Inc.
7effery D. Moo y, E.
I AURENCI= A. ALI FY, P.F. JI If I I RY D. MOODY, P.I . HI RRERI A. CARMEN, AIA
HAYWOOD B. KING, P E DARREI I L RUSSELL, I' _I.. DEMLFREOS N. CALI INICOS, AIA RIBA
IRANZ K. 1101 T, P I WAYNI R. PERRY, R S. KENNITIT D. STAFFORD, AIA
JAMES I_ COVING ION, P . KIM R. I.II I Y, R.I S. R. DAVID APPI FYARD, AIA
r Alf
DEM ID: CO 13318
-� 'ISS - f
ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL 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. BOX 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: City of Kannapolis
2. OWNERS ADDRESS: PO Box 1199
Kannapolis, NC 28082
3. OWNERS PHONE NUMBER (HOME):
(WORK): 704/938 -5131
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Melvin W. Rape, Public Works Director
City of Kannapolis
PO Box 1199
Kannapolis, NC 28082 70.4/938 -5131
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Cabarrus
NEAREST TOWN OR CITY: Kannapolis
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 1) Brantlev Rd.
Out£all - Sta. 4 +20; 2) Camp Julia Rd. Outf'all Sta, 8 +20; 3) CenterQrove
Rd.East Sta. 0 +20: 4) Centererave Rd. West , Sta. 1 +51
6. NAME OF CLOSEST STREAM /RIVER: Un -named tributary to Cold Water Creek
7. RIVER BASIN: Yadkin River
8. IS THIS PROJECT LOCATED
WS I, OR WS II? YES [ ]
9. HAVE ANY SECTION 404 PE
PROPERTY? YES [ ]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER
0.05 Acres
IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
NO [XI
RMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
NO [ X]
OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2/3/92
3
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11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 0.05
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 0.05
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
Sanitary Sewer Construction at creek crossings
13. PURPOSE OF PROPOSED WORK: To provide sanitary sewer service to annexed area
of Kannapolis.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. The gravity flow line must be located in the proposed location in
order to provide service to users. Stream crossings are perpenLir„1nr Ajid
anti -seep collars are provided.
13. 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 [ ]
RESPONSES FROM THE USFWS AND /OR NMFS SHOULD BE ATTACHED.
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 [ ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
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? Rural /Residential
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
OWNER'9SIGNATU EE DATE
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