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
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RECEIVED
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*The rating system cannot be applied to salt or brackish marshes o:= stream channels
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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
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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
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CORPORATION DRIVE AND
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PROJECT: 6901%,55
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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
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-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
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