20000897 Ver 1_COMPLETE FILE_20000711

Y 9A .0 w(I
'IWETLP,Nij P 0 North Carolina Wildlife Resources Commission`'
TO: David Baker, USIA 8ff- Fullwood, Executive Director
Asheville Field Office
Original Signed
FROM: Ron Linville, Regional Coordinator by, J. ;R. Linville
Habitat Conservation Program
DATE: June 30, 2000
SUBJECT: Town of Bakersville Sewer Line Replacement, Cane Creek, Mitchell County
These comments are provided in accordance with the provisions of the. Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina
Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC 25). The applicant proposes
to replace an existing sewer line with a new line at an alternate location.
Cane Creek is Hatchery Supported Designated Public Mountain Trout Water. The
NCWRC will not object to the project providing the following conditions are implemented:
1. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning season of October 15 through April 15 to protect
the egg and fry stages of trout from off-site sedimentation during construction.
2. The dimension, pattern, and profile of the stream above and below the project should
not be modified by widening the stream channel or reducing the depth of the stream.
The pipe must be buried so as not to impede flow or aquatic migration during low
flow conditions.
3. If concrete will be used, work must be accomplished so that wet concrete does not
contact stream water. This will lessen the chance of altering the stream's water
chemistry and causing a fish kill.
4. Heavy equipment should be operated from the bank rather than in the stream channel
in order to minimize sedimentation and reduce the likelihood of introducing other
pollutants into the stream.
5. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 9 Fax: [phone]

Bakersville Sewer. - Cane Creek 2 07/31/00
6. Temporary or permanent herbaceous vegetation should be planted on all bare soil
within 15 days of ground disturbing activities to provide long-term erosion control.
We encourage the utilization of native and onsite vegetation and materials for
streambank stabilization.
7. The existing sewer line pipe should be removed from the streambed when it is
abandoned and the replacement sewer line pipe is placed in service.
8. Instream work time should be minimized and any equipment utilized should be in
excellent mechanical condition so as not to pollute waters of the United States.
Thank you for the opportunity to review and comment on this project during the early
planning stages. If you have any questions regarding these comments, please contact me at
336/769-9453.
•L
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 ? •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 26, 2000
Mitchell County
DWQ Project No. 000897
APPROVAL of 401 Water Quality Certification and Additional Conditions
Town of Bakersville
P.O. Box 53
306 South Main Street
Bakersville, NC, 28705-0053
To Whom It May Concern:
You have our approval, in accordance with the attached conditions, to place fill material in
0.10 acre of wetlands or waters for the purpose of constructing sanitary sewer improvements for
the Town of Bakersville in Mitchell County, as you described in your application dated 28 June
2000. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 3288. This Certification allows you to use Nationwide 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 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. This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. I,f total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 211.0506 (h). For this approval to be valid, you must follow
the conditions listed in the attached certification and the additional conditions listed below.
1. The activity will be conducted in such manner as to prevent significant increase
in turbidity outside the area of construction or construction related discharge (50 NTU's
in streams and rivers not designated as trout waters by DWQ; 25 NTU's in all saltwater
classes, and all lakes and reservoirs; 10 NTU's in trout waters);
2. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the State until the concrete has hardened;
Division of Water Quality - Non-Discharge Branch
Non-Discharge Branch, 1621 Mail Service Center, Raleigh, NC 27699 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
#- i
3. The crossing angle shall be limited to between 75 and 105 degrees;
4. Rip-rap used to stabilize banks shall be limited to the area below normal high water.
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 Dorney at 919-733-1786.
Sincerely,
Kerr T. Stevens
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File Copy
Central Files
Vance McGougan, 290 SW Broad St., Southern Pines, NC, 28388
000897
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Town of Bakersville County Mitchell
Project Number 00 0897 County2
Recvd From APP Region Asheville
Received Date 7/11/00 Recvd By Region
Project Type sewerline
Certificates Stream Stream Impacts (ft,)
Class
Permit Wetland Wetland Wetland Stream Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. a1
F12 F__ P-7 -@)N F_- F 7-2-59 777 TR 40,306. 0.10 ? F1_36.66 Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 6 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y (0 N Recommendation: 0 Issue DQ Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 360052 Longitude (ddmmss) 820933
Comments:
1 This is a sewer line replacement to help correct Infiltration/Inflow problems. This is the existing
main trunk line in the Town of Bakersville and due to building constraints it is not possible to meet the
10 buff er reaw,irement_ The Town will replace the existing line with ductile iron under Cane Creek.
2. Require standard sediment and erosion control methods for trout waters.
No We concrete shall be allowed to come into contact with surface waters until the concrete has
hardened
d According to the engineer the crossing anal e can he between 75 and 10 degrees.
Rip will be used to stabilize the banks- The rip should be limited to that area below the
normal high water level
Recommend issuance of 401 Certification. It appears that all requirements of the CC for Utility in
Backfill and Bedding .an he met with the exception of the 10 foot buffer requirement.
cc: Regional Office
Central Office Page Number 1
Facility Name Town of Bakersville County Mitchell
Project Number 00 0897 Regional Contact: Michael R. Parker
Date:
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
v

DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 12
i
JUN 2 8 2000
PRE-CONSTRUCTION NOTIFICATION APPLICATION, 11000
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION WETLANDS GROUP
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMEN3 . WATER UALITY SECTI
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 MUST
BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK
ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: Town of Bakersville
2. MAILING ADDRESS: P.O. Box 53,306 S. Main Street
SUBDIVISION NAME N/A PgY?NT
Rcc ''//cc
CITY: Bakersville STATE: NC ZIP CODE: 28705-0053 `C6V D
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): same
3. TELEPHONE NUMBER: (HOME) N/A (WORK) N/A
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Vance McGougan, Project Manager
c/o Hobbs, Upchurch & Associates, P.A.
290 S.W. Broad Street
Southern Pines, NC 28388
Phone: [phone] Fax: [phone]
E-mail: vmcgouganna,hobbsupchurch.com
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Mitchell - NEAREST TOWN: Bakersville
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) The proposed crossing
of Cane Creek is located approximately 0.10 miles southwest of the old Mitchell County Courthouse
located in downtown Bakersville
6. IMPACTED OR NEAREST STREAM/RIVER: Cane Creek RIVER BASIN: French Broad
7. (a) 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 ? IF YES, EXPLAIN: This part of Cane Creek which is the
receiving waters for the discharge from the Bakersville WWTP is classified C-Trout waters in the
French Broad River Basin.
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES F1 NO
(c) 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?
i
k
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): .....
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES 0 NO ® IF YES, DESCRIBE ANTICIPATED WORK: -----
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION: 0.10
FLOODING: 0 OTHER : 0
DRAINAGE : 0 TOTAL ACRES TO BE IMPACTED: 0.10
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAMIFLOODING:
OTHER: X
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Work includes trench excavation and backfilling for direct burial of gravity flow sewer main (ductile
iron pipe) crossing perpendicular to the run of Cane Creek. Work will be accomplished by tracked
excavators approaching from either side of the channel (see attached plan and profile drawing).
13. PURPOSE OF PROPOSED WORK: The intent of this project is to reduce the volume of wet weather
infiltration into the Bakersville wastewater collection system by either replacing or rehabilitating
approximately 4,000 feet of sewer main and 25 manholes.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
The routing of the existing trunk sewer main to be replaced crosses Cane Creek.
Li A DTTAT iAT TLTD D912 A413C ADL'A TL7AT A.fAV DL' AL'CTr !`TL`ll DV TLTL' DDnUn Rrp DDnMCM
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17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC
(STATE) LAND? YES ® NO ? (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ? NO
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES 0 NO n
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE 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 [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38).
ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE i INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY?
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? .....
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM,
OWNER'S/A T' SI A RE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
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Hobbs, Upchurch & Associates, P.A.
Consulting Engineers
290 S.W. Broad Street • Post Office Box 1737 • Southern Pines, NC 28388
July 10, 2000
P
MEMORANDUM
} ` 'JUL 1 12000
TO: Mr. John Dorney, NCDENR, Division of Water Quality
WETLAND', G G
FROM: Vance McGougan
RE: Sanitary Sewer Improvements for the Town of Bakersville
Pre-construction Notification Application for Nationwide Permit # 12
Please forgive the oversight regarding payment of the processing fee for the referenced
application. I have attached a check for $200.00 along with the previously submitted project
materials for your review.
Please contact me at this office should you have any questions regarding this project.
()0089?
PAYMENT
RECEIVED
Southern Pines, NC • Telephone [phone] • Fax [phone] • e-mail: [e-mail]
Myrtle Beach • Kill Devil Hills • Raleigh
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Vance McGougan
Hobbs, Upchurch & Associates
290 S.W. Broad Street
PO Box 1737
Southern Pines, NC 28388
Dear Mr. McGougan: 1Tk'J
/
• •
T
1313 NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 29, 2000
On June 28, 2000, your application for 401 Water Quality Certification on behalf
of the Town of Bakersville for a project in Mitchell County was received by the N.C.
Division of Water Quality. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for all 401 applications. Your
application is being returned since no payment was received with the package. The fee for
applications is $200 for projects impacting less than an acre of wetland and less than 150
linear feet of streams. For projects impacting one or more acres of wetland or 150 or
more feet of streams, the fee is $475. In order for DWQ to review and process your
request, you must send a check in the appropriate amount made payable to the N.C.
Division of Water Quality.
Please call Robert Ridings at 919-733-1786 or visit our web site at
http://h2o.en.r.state.nc.us/ncwetlands if you have any questions.
Sincerely,
John R. Dorney
cc: Central Files PA Ymtpl
RECEIVED
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
® Hobbs, Upchurch & Associates, P.A.
Consulting Engineers
290 S.W. Broad Street • Post Office Box 1737 • Southern Pines, NC 28388 00089
June 26, 2000 -...,,.,_
r 7? ?Ss
Mr. David Baker, Project Manager
U.S. Army Corps of Engineers
Asheville Regulatory. Field Office JUN 7 R lonnn
151 Patton Avenue, Room 143„
Asheville, North Carolina 28801-5006 ,
Re: Sanitary Sewer Improvements for the Town of Bakersville
Mitchell County, North Carolina
Pre-construction Notification Application for Nationwide Permit # 12
HUA No.: BA9905 .
Dear Mr. Baker,
Re, 4???Nl
P
Our firm is preparing plans and specifications for a project to: replace portions of the wastewater
collection system in the Town of Bakersville. This partial system replacement, which has
received funding from the North Carolina Department of Commerce through the Community
Development Block Grant program, is intended to mitigate the amount of wet weather infiltration
into the town's sewer collection system. The proposed work will include a perpendicular crossing
of Cane Creek with a single leg of gravity flow sewer main to be installed by excavation and
direct burial of the pipe below the flow line of the creek. For your review, please find the
following attached materials submitted in support of the referenced application fora NWP #12 to
cover this installation.
? Original and one (1) copy of the Pre-construction Notification Application
? One (1) copy of a USGS Topographic map showing approximate location of the work
? One (1) copy of an 8 %" x 11" plan and profile drawing
These same materials are being sent simultaneously to Mr. John Dorney at the N.C. Division of
Water Quality and Mr. Ron Linville at the N.C. Wildlife Resources Commission office in
Kernersville. You will be receiving correspondence from the Town of Bakersville authorizing me
to act as their agent during the review process. Therefore, should you have questions regarding
this submittal or need additional information to facilitate your review, please don't hesitate to
contact me at our Southern Pines office.
Sincerely,
\G&It,? HOB UPCHURCH & ASSOCIATES, P.A.
?m 01 V?J?
Vance McGougan, P.E.
VM/vm
Attachments
cc: Ir. John: Dorney, NCDENR;: 100 ion of Water Quality (w/ 7-copies of attachments)'
Mr. Ron Linville, NCWRC, (w/ 1 copy of attachments)
Mr. Charles E. Vines, Mayor, Town of Bakersville (w/ 1 copy of attachments)
7
Southern Pines, NC • Telephone [phone] • Fax [phone] • e-mail: [e-mail]
Myrtle Beach • Kill Devil Hills • Raleigh