HomeMy WebLinkAbout19990704 Ver 1_COMPLETE FILE_1999080214,
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality.
James B. Hunt, Jr., Governor
Kerr T. Stevens, Director 1kT / * •
Wayne McDevitt, Secretary
W'J
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 8, 1999
Cumberland County
DWQ Project # 990704
Approval of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Public Works Commission
City of Fayetteville
Thomas Speight
PO Drawer 1089
Fayetteville, NC 28302-1089
Dear Mr. Speight:
You have our approval, in accordance with the attached conditions, to place fill material in 120 feet of stream channel
for the purpose of stabilizing a stream channel in Cottonade subdivision, Section II in Fayetteville, as you described in your
application dated June 21, 1999. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification number 3108. This Certificate allows you to use Nationwide Permit Number 26 when the Corps of
Engineers issues it. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .033). In addition, you
should get any other federal, state or local permit before you go ahead with your project including (but not limited to)
Sediment and Erosion, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 or CAMA 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 wit 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.
1. The outlet of the pipe shall be designed to release stormwater at non-erosive velocities for at least the 25 year storm.
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 Statues to the Office of Administrative Hearings, PO Box 27447, Raleigh, NC 27611-7447.
This Certification and its conditions are final and binding unless you ask for 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.
Sincerely,
Kerr T. Stevens G C/
Cc: Wilmington Corps of Engineers
Corps of Engineers Wilmington Field Office.
Fayetteville DWQ Regional Office
Division of Water Quality - Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
ORANDUM
John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
;OBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Public Works Commission
Project Number 99 0704
Recvd From APP
Received Date 6/25/99 Recvd By Region 7/12/99
Project Type Municiple Fill
Certificates
Permit Wetland Wetland
Type Type Impact
Stream
Wetland Stream Class
Score Index Prim. Supp
County Cumberland
County2
Region Fayetteville
Acres Feet
Basin Req. Req.
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue * Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 35 deg 05' 58" Longitude (ddmmss) 78 deg 58' 40"
Comments:
Visited two sites on May 12, 1999, this one and a bonafide stream in the Cottoriade area. This
particular site (also in Cottonade) is (was) a natural drainage path that may have once been a simple-
head slope. Development in the area, along with placement of an outlet from a curb and gutter
system, has resulted in an interesting eroded ditchlike conveyance. Immediately below the storm
drain outlet is an extensive tree root network that has somehow managed to stabilize the bank and
allow development of a plunge pool. Immediately below this point, elevation changes dramatically
and a deep severely eroded, steep banked ditch results. Efforts to stabilize the slope by adjacent
landowners has resulted in placement (dumpana) of considerable amounts of yard debris, limbs,
grass and leaves, etc. This has not be completely successful as the slopes have continued to
collapse. This drainage system flows approx. 150 feet to the upper extent of a more naturalized
intermittent stream.
If the proposed project is limited to the first 100 feet of this drain, there should be virtually no wetland
or perennial stream impact IF the water is released at a non-erosive velocity. The application map is
_1!=:...1. a- ..-__I _._J I _-..IJ t:._-1 .-- -___.1.__ _t 1_-... aL_ _I.--1._.._.- --:.-a..._..1-1 L- -a_1_:1:_-J
cc: Regional Office
Central Office Page Number 1
r?i?:-F? Ol.3A
MEMO TO: Mr. Allen Davis
Mr. John Dorney
Files
)a ENGINEERS •
d PLANNERS
' SURVEYORS
ZORIN 1 KIZER & REI7ZEL, INC.
115 Broadfoot Ave.
P.O. Box 53774
Fayetteville, NC 28305
(910) 484-5191
Fax:(910) 484-0388
mkr@fayettevillenc.com
REF: 1998 Annexation Phase III-A
Cottonade Subdivision, Section II
DATE: June 21, 1999
Enclosed please find an application and supporting data for your
review. We are requesting a Nationwide Permit for construction of
reinforced concrete pipe in Cumberland County, North Carolina.
This is a modification to the above referenced project of 0.11
acres of additional wetland disturbance. Please review at your
earliest convenience. If there are any questions or
clarifications, please call.
Respectfully submitted,
Moorman, Kizer & Reitzel, Inc.
PAYMENT
RECEIVED
Donald A. Bunce, EI
DAB: boa
Encl.
cc: Mr. M.J. Noland, PE
Mr. Thomas S. Speight, Jr., PE, PLS
Construction Dynamics Group
Mr. Mike Walker, PE
Poo
!i r,; 7 5
DEM ID: CORPS ACTION ID:
i Al'4DS GROUP g
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIfi #°3 °_ w.._m
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Public Works Commission of the City of Fayetteville, NC
2. MAILING ADDRESS: PO Drawer 1089, Fayetteville, NC 28302-1089
SUBDIVISION NAME: Cottonade
CITY: Fayetteville STATE: NC ZIP CODE: 28303
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Cottonade Section TT
3. TELEPHONE NUMBER (HOME): (WORK):(910) 223-4732
4. IF APPLICABLE: AGENT'S NAME OR RESP NSI CORP,O E OFFIC , DRESS
PHONE NUMBER: Thomas S. Speight, Jr., PE, M, Senior Lngineer a er esourc4s
Public Works Commission, PO Drawer 1089, Fayetteville, NC 28302-1089
(910) 223-4732
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: Cumberland NEAREST TOWN OR CITY: Fayetteville, NC
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.)• Project begins approximately 333' southeast of Lockheart
Circle and extends easterly approximately 100'.
6. IMPACTED OR NEAREST STREAM/RIVER: Beaver Creek
RIVER BASIN: Cape Fear
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II) ? YES [ ] NO [X] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X] NO [ ] IF YES, PROVIDE ACTION.I.D. NUMBER OF
PREVIOUS PERMIT AND ANY. ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ 1 NO [)C] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0.13- Acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.11 Acres
2
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT' IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): This is an existing outfall ditch that has presented a severe
erosion and a safety hazard to residents..
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE
CONTACTED: N/A (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: N/A
17. pOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [l NO [)d (IF NO, GO TO 18)
a. IF YES, DOES.THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES (I NO [
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES (I NO (I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET., RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
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VICINITY MAP 1998 FAYETrEVILLE ANNEXATION
COTTONADE SUBDIVISION SECTION 2
PURPOSE:
PUBLIC WORKS COMMISSION
SANITARY SEWER EXTENSION SCALE: 1"=2000'
DATUM: CUMBERLAND COUNTY, NC FAYETTEVILLE, NC
HORIZONTAL NAD 27 CONTACT: VICTOR GANJEHSANI , KIZER & REITLEL, INC.
VERTICAL NAVD 1929 ENGINEER MANAGER WATER RESOURCES MOORMANNNERS T SURVEYORS
ADJACENT PROPERTY PUBLIC WORKS COMMISSION ENGINEERS,
BROADF PLANNERS
AVE.
CUMBERLAND COUNTY OF THE CITY OF FAYETTEVILLE
FAYETTTVILLE, NC 28305
(910)484-5191 FAX:(910)484-0388
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