19980526 Ver 1_COMPLETE FILE_19980617

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t CDENR
JAMES B. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY ?
October 30, 2000
k.
Mr. John Murdock, III
Water and Sewer Authority of Cabarrus County
P. O. Box 428
Concord, North Carolina 28027
Subject: 401 Water Quality Certification #980526
Rocky River Intercepter
Cabarrus County
Dear Mr. Murdock:

On June 24, 1998 you were issued a 401 Water Quality Certification for the
purpose of constructing a 54-inch sewer line along the Rocky River in Cabarrus
County. The Division of Water Quality was notified by the Land Quality Section of
potential problems and sediment violations with the construction of one segment of
the sewer line near Shamrock Road. On October 26, 2000, Mr. Pete Colwell from
this office met with you, Mr. Ed Robinette from Land Quality, and others to
investigate a violation of that certification.
Mr. Colwell found that approximately 400 linear feet of the south bank of the
Rocky River had been disturbed and some of the rock and other material from the
excavation for the sewer line had fallen into the edge of the river. The General
Water Quality Certification Number 3101 requires that the construction corridor for
utility line projects running parallel to a stream be kept at least 10 feet from the
stream bank. At the Rocky River site, the construction corridor is more than 10 feet
away, but the excavated material was stockpiled on a steep sloop above the stream
bank and allowed to slide down into the edge of the river.
Mr. Colwell noted that most of the material had been pulled back as the
construction of the sewer line was completed and that sediment and erosion control
measures were being installed. However, a very steep, unstable bank remains. To
prevent further erosion of this bank into the Rocky River and avoid possible action
by this office, you will need to take additional measures to stabilize this slope. Mr.
Colwell recommended that you plant fast growing woody species between the rocks
and use matting to establish a root network on the slope as quickly as possible. You
indicated that you would be contacting Dr. Jim Matthews with HARP for further
recommendations. r„1
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115
PHONE [phone] FAX [phone]
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OW
Mr. Murdock
October 30, 2000
Page Two
This Office requests that you respond in writing within 10 days of receipt of
this letter to identify what restorative measures you plan to implement to bring this
project back into compliance and what measures will be utilized to maintain
compliance with your Water Quality Certification. If you have any questions
regarding this matter, please contact Mr. Pete Colwell or me at [phone].
Sincerely,
i
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Doug Miller, DLR
John Dorney, DWQ
Steve Chapin, USACOE
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Kerr T. Stevens, Director ILF!WAA
Wayne McDevitt, Secretary
1 0
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 31, 1999
Cabarrus County
DWQ Project # 980526
APPROVAL of 401 Water Quality Certification
Ben Thompson
Hazen & Sawyer
4944 Parkway Plaza Blvd.
Suite 375
Charlotte, NC 28217
Dear Mr. Thompson:
You have our approval, in accordance with the attached conditions, for the purpose of installing a sewer line, as you
described in your application dated August 24, 1999. After reviewing your application, we have decided that this till is
covered by General Water Quality Certification Number 3101. This Certification allows you to use National Permit
Number 12 when the Corps of Engineers issues it. 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.
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 send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. 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). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided 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. 276 1 1-7447. 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 Dorney at 919-733-9646.
Sincerel ,
T. tevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File Copy
Central Files 980526.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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http://h2o.enr.state.nc.us/wetlandc.html
HAZEN AND SAWYER
Environmental Engineers & Scientists
Mr. John Dorney
Water Quality Division
4401 Reedy Creek Rd.
Raleigh, N.C. 27607
p ,
;1?C
Subject: Rocky River Sanitary Sewers
Water & Sewer Authority of Cabarrus Co.
H & S File: 2119 (04)
48" Force Main and P/S
Dear Mr. Do$ ney:
Hazen and Sawyer, P.C.
4944 Parkway Plaza Blvd.
Suite 375
Charlotte, NC 28217
704 357-3150
Fax: [phone]
J`??l?? `
In discussion with your staff regarding changes to the original Rocky River
Project, we were advised to submit an application for Permit Modification. The
attached data describes these changes and consist of:
• Letter to U.S. Army Corp. of Engineers describing reasons for change and
requesting approval under original permit issued.
• Copy of original U.S. Army Corp. of Engineer 404 permit.
• Memo from U.S. Army Corp. of Engineers approving modifications under
original permit.
• Copy of original 401 Water Quality Certification.
The Water and Sewer Authority of Cabarrus County has application on file for
a loan through the State Revolving Funds Section. This loan application is being
held until approval for changes in this project is received from your office.
We are enclosing a check in the amount of two hundred dollars ($200.00) for
a modification change to the original 401 Water Quality Certification issued June
24, 1998.
Your earliest response for this request would be greatly appreciated.
Sincerely,
Ben Thompson, P.E.
Cc: Mark Lambert
New York, NY • Armonk, NY - Upper saddle River, NJ • Raleigh, NC • Charlotte. NC • Vienna, VA • Hollywood, FL - Boca Raton, FL • Fort Pierce, FL • Jupiter, FL • Miami, FL • Bogota, D.E. Colombia

RVEN AND SAWYER
Environmental Engineers & Scientists
Mr. Steve Chapin
U.S. Corp. of Engineers
151 Patton Ave.
Asheville, N.C. 28001-5006
Subject: Water & Sewer Authority Cabarrus Co.
General Permit 198100049
Dated July 20, 1998
/ H & S File 2119 (04)
Dear Mr. Chapin,
Hazen and Sawyer, P.C.
4944 Parkway Plaza Blvd.
Suite 375
Charlotte, NC 28217
704 357-3150
Fax: [phone]
Above Subject Permit issued to construct 78 inch and 72 inch sanitary sewers from Coddle Creek
to Regional Rocky River Wastewater Treatment.
Bids for these projects were received on March 4, 1999 and exceeded owners budget.
Negotiations with Low Contractors were unsuccessful in attempting to lower bid prices. The owner
requested design of an alternative for lowering cost. We proceeded with an alternative plan to re-site the
pumping station at Coddle Creek and pump to the WWTP. Plans have been completed and preliminary
cost indicates bids should be within owner's budget. Project is scheduled to be re-bid on June 22nd.
Proposed 48 inch Force Main route is in same general location as 78 inch and 72 inch sewer
route. Minor deviations were checked by our Environmentalists, Dr. Jim Matthews. Attached is a summary
of his findings.
We have also amended the 201 Facilities Plan for these changes. Summary sheets of the
changes made to the project are attached.
Owner requested permanent stream crossings be installed over small tributaries or large
drainage ditches for maintenance of air/vac valves on the Force Main. A copy of calculations for pipe
sizing is attached for location of these stations. Numbers will not match prior station numbers for the 78
and 72 inch line. Copies of the revised project will be forwarded if needed.
We are of the opinion, change does not significantly alter the environmental aspect of the project
and should be less damaging to the site than construction of the 78 and 72 inch lines.
We request your review for determination if a new permit needs to be issued or if we may
proceed under the guideline of original permit.
If additional information is needed, please call me at 704-357-3150.
Sincerely,
1
Ben Thompson, P.E. w/attachments
C.C.:John Dorney, Dir. Water Quality Section
w/attachments
C.C.:G. Douglas Miller,P.E.,Land Quality
Section w/attachments.
New York, NY • Armonk, NY • Upper Saddle River, NJ • Raleigh. NC • Charlotte. NC • Vienna, VA • Hollywood, FL • Boca Raton, FL • Fat Pierce. FL • Jupiter, FL • Miami, FL • Bogota, D.E Colombia
V`J PIR I'll k- Vr,r L. 14 VRJ tL •v?v?I lYV?V iivv vv .J? .-? +? ?•? ?+? ??
4*r W-
MEMORANDUM
TO: BEN THOMPSON, IIA7EN & SAWYER
FROM: STEVE CHAPIN, U.S. ARMY CORPS OF ENOTNEERS $(Z_
SUBJECT: WATER & SL-WER AUI'iIORITY OF CABAItRIJS COUNTY
H&S FILE 2119
DATE: AUGUST 6, 1999
This is in regards to the above referenced project it) construct 78 inch and 72 inch sanitary
sewerlines from Coddle Creek to the Regional Rocky River Wastewatcr'freatment Plant. Since
the time of the original permit issuance (July 20, 1998) under Action ID. 199830857,
199830858, and 199830859, there have been a I'cw changes with the project. These changes
include a new pump station location to just west of Rocky River Road and a change in the
pipeline size. Now, instead of using 72-inch and 78-inch lines exclusively, most of the line will
be 48-inch.
We have determined that since the project changes are minor and that impacts to waters of the
U.S. will be the same or of less magnitude, that the original Department of the Army permit
issued Jbr the project is still valid and will not need to be altered or reissued. If you have any
further questions, please contact me at [phone].
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
F"ONA'A
A 9 0 ±N0 ?ffQ lk
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 24, 1998
Cabarrus County
DWQ Project 980526
APPROVAL of 401 Water Quality Certification
Mr. John Murdock, III
Water and Sewer Authority of Cabarrus County
PO Box 428
Concord, NC 28027
Dear Mr. Murdock:
You have our approval, in accordance with the attached conditions and those listed below, for the
purpose of installing a sewer line in Cabarrus County, as you described in your application dated June 17,
1998. After reviewing your application, we have decided that this impact 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. 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. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. 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.
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 conforming 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 Dorney at 919-733-1786.
.izince,CPly
Pre on Howar 1,Jr. P. E-.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
980526.Itr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corpo Q ugineers
Nationwide permits that require application for Section 40';¢erfification
cv? ' ?o WATER QUALITY PLANNING .L DIVISION OF ENVIRONMENT. MAlgAGEMEINT
GAL?'
CJ. S NC DEPARTMENT OF ENVIRONMENT,
AND NATURAL RESOURCES
/ s- / io- ..: ..:M
7`74,n .4? • ? ?r•, • 3 P.O. Box 29535 -°•-
,rq sG,e?-?/ee,? A k- 2-soot- S-?6 Raleigh, NC 27626-0535
ATI'N: MIL JOHN DORNEY ?--
Telephone [phone]
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: Water and Sewer Authority of Cabarrus County
2. Owners Address: P. 0. Box 428. Concord NC 28027
3. Owners Phone Number (Home):
(Work): 704-786-1783
4. If Applicable: Agent's name or responsible corporate official, address, phone number-
John C. Murdock, III
Executive Director
P.O.Box 428. Concord NC 28027
5. Location. of work (MUST ATTACH MAP). County: Cabarrus County NC
Nearest Town or City: Concord. NC
Specific Location'(Include road numbers, landmarks, etc.): Para 11 el s Rocky River, crossing roads
Flowes Str Rd. (SR 1132).Rocky River Rd. (SR 1139) Pharr Mill Rd. (SR 1158) NC HWY 49
Roberta Rd.((SR 1304). US HWY 29. Cox Mill Rd- (SR 1448), Poplar Tent Rd-(SR 11)4)NC HWY 73
6. Nurse of ose tS& e44 Shiloh Ch. Rd. (SR 1600) Rocky River
7. River Basin: Yadkin-' PPPDPP- Rork' River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS. I, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for-use on this property? YES [ ] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site
1.5 AC
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Excavated: 1. 5
Total Impacted: 14 9 O S f
Filled:
Drained
Flooded
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
Construction of Approx 101,316 LF of 78", 72", 54" and 36" Sanitary, Sewer Lines
13. Purpose of proposed work: To provide sewer service to drainage basin
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Due to rnrk -pxrPSS i vP ruts and p^s 1 enoths . it is necessary
to cross river,creeks, and wetlands (wetlands avoided where possible. E.A. filed Aoril.199?
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 orproposed for listing endangered orthreatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES (X1 NO [ ]
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 may be affected by the proposed project? Have you done so? YES [X ] NO [ ]
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 island use of surrounding property? mostly woodlands and farmland
F . If applicable, what is proposed method of sewage disposal? waste water treatment p l a n t .
John C. Murdock III, Executive Director
Owne 's Signature Date
n,
aple. Agai
S p red oak, Hackberry, with often very large Red and SouthZma
there no evidence of Cherrybark oak.
Wooded slop egetation included Beech, Yellow poplar, Southe White oak,
Red oak, Water o and Shortleaf pine.
There are many open fie and pastures along the entire ject. However, the majority
of the ROW is through woo d areas of varying qua7creage Assuming an average of a 60
foot-wide cleared area, the woo d and nonwooded approximates:
Upper Rocky River Interceptor (Mec enburg . line to jct. with existing interceptor at
Clarke Creek.): This area has ca. 32,73 F, 44.8 acres, of ROW. The existing open
area is approximately 14.0 acres, with app ately 30.8 acres of wooded area
remaining.
Harrisburg Rocky River Intercept (US 29 south t Coddle Creek ): This area has ca.
43,500 LF, or 53.5 acres, of R The existing open ea is approximately 13.2 acres,
with approximately 40.3 ac of wooded area remaining. These figures are somewhat
deceptive, as over half o e total ROW is through disturbe buffer woods associated
with the Charlotte or Speedway and the BFI Landfill.
Lower Rocky ' er Interceptor (Coddle Creek to Existing Waster ater Plant): This area
has ca. 26,4 LF, or 35.7 acres, of ROW. The existing open area is a roximately 15.5
acres, wi approximately 20.2 acres of wooded area remaining.
Fro e above analysis, it appears that approximately 91.3 acres of woodlan ill be
cored over the length of the entire project.
ft- 3.4.4 Jurisdictional Waters of the United States (Wetlands and Streams)
JPPP'
Jurisdictional waters of the U.S. are regulated by the U.S. Army Corps of Engineers
(USACE), in cooperation with the U.S. Environmental Protection Agency (EPA) and the
U.S. Fish and Wildlife Service (USFWS), under Section 10 of the Rivers and Harbors Act
and Section 404 of the Clean Water Act. Additionally, the North Carolina Division of
Water Quality issues permits for discharges into jurisdictional waters under Section 401 of
the Clean Water Act. Dredge and fill activities in the waters of the U.S. must comply with
both the Section 404 and Section 401 permitting processes.
Jurisdictional waters in the project area include both wetlands and stream channels. The
primary jurisdictional waters affected by the project are 29 small tributary crossings, 18
Rocky River crossings, and single crossings of the two larger creeks, Coddle and Clarke
(Figure 10). All crossings are approximately perpendicular to the streams and limited to a
40 foot wide ROW. Table 1 summarizes the river and creek crossings, including the
justification for each of them. Table 2 summarizes the small tributary crossings. All river
and creek crossings are classed as R2UBH by the National Wetlands Inventory (NWI)
18
Table 1. Rocky River Interceptor Main Channel Crossings.
Number Name NWI Class Area (ac.) LYT Justification
Lower Roc River Interce rtor
1 Rocky River R2UBH 0.083 40 Steep banks along creek; bridge
const. on Flowes Store Rd.
2 Rocky River R2UB14 0.092 40 Steep banks along creek; realign
with existing sewer tune.
3 Rocky River R2UBH 0.100 40 Provide service to drainage basin.
4 Rocky River R2UBl l 0.092 40 Provide service to drainage basin.
A Coddle Creek R2UBI I 0.064 40 Extend service of drains a basin.
Harrisburg /Zocti River Interee rtor
5 Rocky River R2UBI-i 0.073 40 Large rock outcrop approx. 40-50
feet above river.
6 Rocky River R2UBH 0.083 40 Avoid historic will site; realign
with existing sewer line.
7 Rocky River R2UB1-1 0.083 40 Avoid existing chemical waste
lagoon.
8 Rocky River R2UB11 0.083 40 Avoid deep cuts; realign with
existing sewer line.
9 Rocky River R2UB1-l 0.073 40 Shorten line approx. 1500'.
10 Rocky River R2UBl-I 0.064 40 Realign to preferred side of river.
11 Rocky River R2UBll 0.064 4U Avoid steep banks and rock
outcrops.
12 Rocky River R2UBH 0.060 40 Shorten line approx. 5000'.
13 Rocky River R2UBH 0.078 40 Avoid deep cuts; realign to
preferred side of river.
14 Rocky River R2UBI l 0.055 40 Avoid deep cuts; shorten line.
15 Rocky River R2UBli 0.073 40 Avoid deep cuts.
16 Rocky River R2UBH 0.100 40 Avoid deep cuts and building;
connect to existing line.
U r per Roc!<v River Inlerce for
17 Rocky River R2UBH 0.055 40 Avoid deep cuts.
18 Rocky River R2UBIi 0.083 40 Avoid wetlands.
B Clarke Creek R2UBH 0.018 40 Extend service of drainage basin.
TOTAL, IMPACTS: 1.476 800
19
Table 2. Rocky River Interceptor Tributary Crossings.
Number NWI Class Area (ac.) L.F.
LuirerRudyRivei Interceptor
1 N/A 0.005 40
2 N/A 0.003 40
3 N/A 0.003 40
4 N/A 0.005 40
5 N/A 0.002 40
6 N/A 0.004 40
7 N/A 0.002 40
8 N/A 0.004 40
9 N/A 0.002 40
10 N/A 0.003 40
11 N/A 0.002 40
12 N/A 0.002 40
13 N/A 0.004 40
14 N/A 0.003 40
15 N/A 0.003 40
16 N/A 0.004 40
17 N/A 0.002 40
18 N/A 0.003 40
Harrisburg Roc River hrler•ce rlor•
19 I'FOIA 0.003 40
20 N/A 0.003 40
21 N/A 0.003 40
Upper Rocky River hrferce rlor
22 N/A 0.004 40
23 N/A 0.003 40
24 PFOIA 0.004 40
25 N/A 0.003 40
26 N/A 0.002 40
27 N/A 0.004 40
28 N/A 0.002 40
29 N/A 0.007 40
TOTAL 0.094 1160
INIPACTS:
20
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