20070291 Ver 4_More Info Received_20090326

Ak?,LMG
LAND MANAGEMENT GROUP i.Nc:
Environmental Consultants
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TO: Mr. Ronnie Smith
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
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March 24, 2009
RE: King's Bluff Pump Station; Action ID# SAW-2006-41503
Bladen County, NC
Additional Information
Dear Ronnie:
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DENR - WATER QVAU Y
l'JETLANDS AND S T 0R!Aa1ATER BRANCH
Thank you for speaking with representatives of McKim and Creed and me last week to
discuss additional concerns you had regarding the Kings Bluff Pump Station project. Enclosed is
a response to all of your comments including supporting maps and documents. I hope this
response adequately addresses your concerns. Please contact me if you have any additional
questions. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. Don Betz, Lower Cape Fear Water and Sewer Authority
Ms. Emily McArthur, McKim & Creed
Mr. Ken Averitte, DWQ
Mr. Ian McMillan, DWQ
www.lmgroup.net - [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
Lower Cape Fear Water & Sewer Authority
Raw Water Intake & Screens
Responses/Clarifications to US Army Corp of Engineers Comments
March 23, 2009
Issue #1: What impact to wetlands would occur if the existing canal owned by the Cape Fear Public
Utility Authority (CFPUA) were to be expanded for use by the Lower Cape Fear Water & Sewer
Authority (LCF)?
• The existing canal is approximately 600' in length and does not have sufficient capacity
to provide raw water supply to the LCF as well as the CFPUA.
• If expanded it would require an additional 40' of permanent wetlands impacts along
each side of the canal. The wetlands acreage impacted would be approximately 1.1
acres.
• A constructed access would need to be maintained along each side of the canal for heavy
equipment access for periodic maintenance and dredging of the canal.
• If expanded, the LCF would have to construct an intake structure in the canal in order to
divert flow from the canal to the wetwell of the existing pump station. This structure
would be permanent with dimensions approximately 40' (D) x 25' (L) x 10' (D). It is
anticipated that an area 70' x 50' would be required for actual construction, and would
be located in wetland areas, resulting in approximately 0.1 acres of disturbance.
• A new 60" pipeline, approximately 200 feet in length would be required to convey raw
water from the intake structure to the wetwell. This pipeline would require a 40' cleared
area or approximately 0.18 acres of disturbance.
• The new 60" pipeline would have to be constructed beneath the existing 48" pipeline.
The depth of this excavation would be approximately 27'. The disturbed area required
to construct this pipe crossing is approximately 110' x 135' or approximately 0.35 acres
of wetlands impact.
• Dewatering requirements to construct the crossing of these two pipes would be
substantial and has the potential to have detrimental impacts to the existing pump
station structure. The existing structure bottom elevation would be at the approximate
depth of the proposed excavation for the pipeline construction. We believe this to be a
legitimate risk to undermining the subgrade of the existing structure that could result in
catastrophic failure of the pump station.
Total disturbance for this option is 1.73 acres, primarily in wetland areas.
Issue #2: Could the new 60" pipe be constructed on the opposite side of the existing pipeline in the
previously cleared area?
Similar to Issue #1 above, the new 60" pipeline would have to be constructed beneath
the existing 48" pipeline. The depth of this excavation would be approximately 27'. The
disturbed area required to construct this pipe crossing is approximately 110' x 135' or
approximately 0.35 acres of wetlands impact.
Dewatering requirements to construct the crossing of these two pipes would be
substantial and has the potential to have detrimental impacts to the existing pump
station structure. The existing structure bottom elevation would be at the approximate
depth of the proposed excavation for the pipeline construction. We believe this to be a
legitimate risk to undermining the subgrade of the existing structure that could result in
catastrophic failure of the pump station.
The total disturbance of wetlands associated with this option is as follows:
o 0.35 acres for the pipe crossing
o 0.2 acres of permanent impact to forested wetlands
o 0.64 acres of non-forested wetland impacts
1.19 acres total disturbed area/impact
Issue #3: How high is the air backwash building above existing grade and is there clearing associated
with this? Will it be constructed on piles?
The air backwash building floor elevation is 27.8' MSL. The existing grade is
approximately 15' MSL beneath the proposed structure, providing a 12.8' clearance. The
normal water surface pool elevation at Lock & Dam No. 1 is 11' MSL, for a difference of
16.8' between WSEL and the floor elevation of the structure.
Minimal clearing is required, however, it will take place within the corridor designated
for construction of the new 60" pipeline.
Issue #4: What is the final mitigation proposal for this project?
The client proposes to buy into the NC Ecosystem Enhancement Program for the restoration
of 0.5 acres of riparian wetland habitat (see attached EEP acceptance letter). Additionally,
two acres of wetlands on site will be preserved (see attached map and preservation
document).
Issue #5: How much of the proposed sewer line corridor is located within the existing maintained sewer
line corridor?
Approximately 0.14 acre of the proposed 0.721-acre construction corridor is located within
the existing maintained easement (see attached map). However, the proposed 10'
maintained easement does not overlap the existing maintained easement.
Cost Comparisons
Proposed Project - Installation of 60" Intake and Screens
Current Proposed Project Cost Remarks
1000 Ft 60" Pie $ 660,000
DI Fittings $ 125,000
Intake Screens $ 105,000
Air Backwash Mods $ 45,000
Subtotal $ 935,000
Total (With 10% Contingency) $ 1,028,500
Option to Expand Existing CFPUA Canal
Expand Canal Cost Remarks
200 Ft 60" Pie $ 160,000
DI Fittings $ 175,000
Intake Screens $ 105,000
Air Backwash Mods $ 45,000
Canal Excavation $ 150,000 10000 CY's @ $15/c
New Intake Structure $ 355,000 355 CY's @ 1,000/c structural concrete
Excavation @ Pipeline X-in $ 212,500 8500 CY's @ $25/cy
Dewaterin @ Pipeline X-in $ 125,000
Select Backfill @ Pipeline X-in $ 30,000 2000 CY's @ $15/c
Sheeting/Shoring @ Pipeline X-in $ 250,000 10,000 sf shoring @ $25/sf
Subtotal $ 1,607,500
Total (With 10% Contingency) $ 1,848,625
Option to Install Pipe on Opposite Side of Existing Pipe
Install Pipeline on Opposite Side Cost Remarks
1000 Ft 60" Pie $ 660,000
DI Fittings $ 175,000
Intake Screens $ 105,000
Air Backwash Mods $ 45,000
Excavation @ Pipeline X-in $ 212,500 8500 CY's @ $25/c
Dewaterin @ Pipeline X-in $ 125,000
Select Backfill @ Pipeline X-in $ 30,000 2000 CY's @ $15/cy
Sheeting/Shoring @ Pipeline Xing $ 250,000 10,000 sf shoring @ $25/sf
Subtotal $ 1,957,500
Total (With 10% Contingency) $ 2,251,125

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18
MODEL DECLARATION OF RESTRICTIONS
March, 2009
STATE OF NORTH CAROLINA
BLADEN COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of March,
2009, by The Lower Cape Fear Water and Sewer Authority "Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation
Property (Property) being approximately 2 acres, as described in Deeds recorded in Deed
Book 256 at Page 921 of the Bladen County Registry ; more particularly described in
Exhibit A attached hereto and by this reference incorporated herein [reference to a
recorded map showing a survey of the preserved area may be required]; and
B. The purpose of this Conservation Declaration is to maintain wetland
and/or riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with
the maintenance of the Property in its natural condition. The preservation of the Property
in its natural condition is a condition of Department of the Army permit Action ID 2006-
41503 issued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that
permit, and this Conservation Declaration may therefore be enforced by the United States
of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair
or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property.
G. Signage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping, or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
1. Excavation Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of
the parties with respect to the Conservation Declaration and supersedes all prior
discussions, negotiations, understandings or agreements relating to the Conservation
Declaration. If any provision is found to be invalid, the remainder of the provisions of
this Conservation Declaration, and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, shall not be affected
thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of Bladen County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
(SEAL)
NORTH CAROLINA
COUNTY OF BLADEN
I,
State aforesaid, do hereby certify that
a Notary Public in and for the County and
Declarant,
personally appeared before me this day and acknowledged the execution of the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this
the day of , 200_.
Notary Public
My commission expires:
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-PROGRAM
January 26, 2009
Don Betz
LCFWSA
1107 New Pointe Blvd. Suite 17
Leland, NC 2451 Expiration of Acceptance: October 26, 2009
Project: Kings Bluff Pump Station . County: Bladen
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved You_must alsd cotnblywtth:all otherstate ?federal`or local
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.aceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer lI
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030005 0 0 0 0.721 0 0 0 0
Credits Cape Fear 03030005 0 0 0 1.442 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to pen-nit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
Willia D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Ronnie Smith, USACE-Wilmington
Ken Averitte, NCDWQ-Fayetteville
Kim Williams, agent
File
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net