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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 CZ ti -2- 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 rl � J� y 1 i r � 1 I 7► tt } n y,• 1 ' s iw- 4r r, i ! t r ,ti } .a a Mf r� a } t. 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