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HomeMy WebLinkAboutNC0020401_201 FACILITIES PLAN_20070320NPDES DOCUMENT SCANNIN& COVER SHEET NPDES Permit: NCO020401 Hickory - Northeast WWTP Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Speculative Limits 201 Facilities Plan 1 Instream Assessment (67B) Environmental Assessment (EA) Permit History Document Date: March 20, 2007 This dasssumeat Is pr.lmte& oa rezaaa pokp4wr - ignara aay oast WMt 9:03M the X-ft Wa Se 01de ADDENDUM -- ENVIRONMENTAL AsS]ESSM]ENT RECEIVED FOR R 15 2007 ne' WOW01 GRAXTSfITY OF HiCKoRY9 No Co LOAN SECDON ARCHITECTS FIANNERS NORTHEAST WASTEWATER TREATMENT H[SMM Commission No. 60402A September 10, 2004 Revision 1: ]February 1, 2005 Revision 2: November 18, 2005 Revision 3: March 14, 2007 @ �wg MAR 2 0 2007 DEER - VJATE=rt QUALITY Prepared by: _ AL i 02725 7 ARCHITECTS ENGINEERS PLANNERS 14►8111110" HAYES, SLAY, MATTERN H MAT -TERN, INC. 181 EAST EVANS STREET SUITE 23 BTC-105 FLORENCE, SC 29506 Hayes, -Seav, nAattem -� ,'Vatiem, iF.c ' ENVIRONMENTAL ASSESSMENT TABLE OF CONTENTS ' 11.0. PROPOSED PROJECT DESCRIPTION............................................................... A-1 12.0 ALTERNATIVES ANALYSIS...........................................................................A-6 13.0 EXISTING ENVIRONMENTAL CHARACTERISTICS OF PROJECT AREA ........... A-14 ' 14.0 PREDICTED ENVIRONMENTAL EFFECTS OF PROJECT .................................. A-23 15.0 MITIGATIVE MEASURES.............................................................................A-33 16.0 ENVIRONMENTAL JUSTICE......................................................................... A-42 17.0 REFERENCES.............................................................................................. A-44 ' 18.0 FIGURES..................................................................................................... A-45 ' 1. SITE LOCATION..................................................................... ........ A-46 2. WETLANDS LOCATION MAP ................................................. ........ A-47 3. DRAINAGE BASIN AND SEWER MAP........................................................................... A-48 1 4. NFIP FI_ooD INSURANCE RATE MAP.......................................................................... A-49 5. SOILS MAP A-50 6. ZONING MAP.............................................................................................................. A-51 ' 7. FORMALLY CLASSIFIED LANDS.................................................................................. A-52 8. NORTH CAROLINA RIVER BASINS.............................................................................. A-53 9. CENSUS MAPS ................... ......................................................................................... A-54 19.0 APPENDIX.................................................................................................. A-55 ' A. HICKORY LAND DEVELOPMENT CODE...................................................................... A-56 B. CORRESPONDENCE . A-93 C. OPINIONS OF PROBABLE COSTS............................................................................... A-139 201 FACILITIES PLAN NORTHEAST W WTP UPGRADE ' 111CKoRy, NC PAGE ill ADDENDUM TABLES TABLE 16.1 - SLOCKGROUP DEMOGRAPHIC DATA .............................................. A-43 ............................ 201 FACILITIES PI,AN NORTHEAST W WIT UPGRADE HICKORY, NC PAGE lV 11.0 PROPOSED PROJECT' DESCRIPTION The City of Hickory, NC owns and operates the Northeast WWTP (NPDES Permit No. NC0020401). The WWTP was upgraded and expanded to a capacity of 6 MGD in 1988. The plant currently receives an average daily flow of 3.97 MGD and a calculated peak flow of 15 MGD during significant rain events. The peak flow is calculated based on a peaking factor of 2.5 and the addition ofaverage infiltration/inflow. The plant discharges treated effluent into Lake Hickory. The Northeast WWTP is bordered by Cloninger Mill Road to the cast, Falling Creek to the south, and developed communities to the north and west of the facility. The WWTP site consists of approximately 10 acres of land, where all major construction and demolition will take place during the proposed project. The drainage basin for the Northeast WWTP, Figure 3 in Section 18, encompasses approximately 19,200 acres. The drainage basin is bounded by Lake Hickory to the north, Springs Road to the east, Highland Avenue to the south, and US 321 to the west. Rain events over the past hive years have overloaded the influent pump station and'eaused non-compliance with the City's NPDES permit due to solids washout. Also, the plant processes currently in operation are in need of replacement in order to ensure reliable wastewater treatment. The proposed project will upgrade the existing treatment process ' and incorporate a 2.2 MGD flow equalization basin to handle excess inflow received at the plant. The construction of three (3) 3 MGD biological aeration wastewater treatment systems within the current WWTP property boundaries is also proposed. After installation of all plant processes and upgrades, one extended aeration basin will be ' converted to a 2.2 MG equalization basin to handle system inflow. The first extended aeration reactor would be erected south of the oldest existing primary clarifier and aeration basin in order to allow continuous operation of the plant. After placing this unit online, the aeration basin and primary clarifier would be taken out of service in order to make room for the remaining reactors. 201 FACILITIESPLAN-ADDENDUM NO RTI I FAST W WTP U PG RA DE HICKORY, NC PAGE A-1 A new licadworks facility would be constructed and contained in a single story brick masonry building with a concrete foundation and an area of 1,800 square feet. This facility would contain a once -through Odor Control Scrubber manufactured .of High Density Cross -linked Polyethylene, which would replace the existing Pepcon odor control system. The Odor Control Scrubber would be installed in order to prohibit excess odor from affecting residential areas surrounding the WWTP. The existing influent pump station (IPS) would be upgraded to eliminate the hydraulic overloading of the pump station during significant rain events. The pump station would be upgraded to a rated capacity of 12 MGD. The remaining aeration basin, primary clarifier and the single stage anaerobic digester at ' the existing plant would be removed and two (2) new final clarifiers and a waste activated sludge (WAS) storage tank would be constructed. The onsitc CRP digester and secondary containment would be removed to allow space for construction of an additional waste activated sludge storage tank. The existinggravity belt thickeners would be removed and replaced by new rotating g Y p drum thickeners capable of thickening the waste activated sludge from a 12 MGD oxidation ditch. A separate thickened sludge holding tank would be constructed on site. The thickened sludge holding tank would allow for more economical operation of the thickening system than the current practice of only operating long enough to fill a single tanker truck. 1 The WWTP chlorine contact chamber would also need to be enlarged in order to provide adequate contact time. Existing gaseous chlorine and sulfur dioxide equipment would be ' removed and replaced by liquid sodium hypochlorite and sodium bisulfite for chlorination and dechlorination applications. The liquid sodium hypochlorite would be generated on site. Adequate aeration equipment will be included to ensure the effluent dissolved oxygen limits are met. 201 FACILITIES PLAN -ADDENDUM NORTIIEAST WWTP UPGRADE HICKORY, NC PAGE A-2 Influent piping around the plant would be upgraded to include approximately 700 linear feet of 18-inch force main that would parallel an existing 14-inch force main. In addition, approximately 400 linear feet of 30-inch force main and approximately 300 linear feet of 42-inch gravity sewers would be placed within the WWTP boundaries. Approximately 500 linear feet of 30-inch gravity sewers would nearly parallel existing gravity sewer lines entering the WWTP. The combined length of influent piping is approximately 1,900 linear feet or approximately 0.4 miles of pipe. Tile construction of a maintenance building on the existing WWTP site will be included as a portion of the proposed project. The maintenance building would be a single story building of approximately 1,900 square feet. The proposed project would also include the construction of an administration building and a laboratory building. The original plans proposed construction of these buildings adjacent to the WWTP south of Falling Creek; however, after the collection of additional information the proposed buildings will be constructed on the existing WWTP site. The site: location for the administration and lab buildings is adjacent to the WWTP north of Falling Creek. The administration building would have a floor plan of approximately 4,100 square feet, and the laboratory building would require floor space of roughly 3,000 square feet. Both buildings would be single story buildings. The total footprint for the proposed project would be approximately 135,000 square feet, and will disturb approximately 5 acres. The construction and demolition associated with the proposed project would take place within the boundaries of the current Hickory NE WWTP property or in the area of existing influent pump station. This is an area of approximately 10 acres. The disturbance of no more than 3 acres would be necessary to allow construction of the laboratory and administration buildings on the WWTP site. 201 FACILITIES PLAN -ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-3 l 1.01 PURPOSE AND NEED FOR PROPOSED PROJECT The purpose of the project is to update the Northeast WWTP processes, and to replace old, inefficient equipment. The proposed upgrades and additions will improve the plant's ability to handle large inflows seen at the plant and its capability to reliably treat all influent wastewater. The current average daily flow for the Northeast WWTP is 3.97 MGD, with a peak flow of 15 MGD calculated for significant rainfalls. This peak flow hydraulically overloads the secondary clarifiers, causing solids to wash out of the system. The Northeast WWTP has been issued five notices of non-compliance with their NPDES perinit since August 23, 1999 due to inflow and infiltration of stone water into the sanitary sewer. Extended rain events also hydraulically overload the influent pump station, resulting in three spill events since 4 998. The current WW'CP configuration employs two parallel treatment trains. Neither process train is able to adequately treat the present average daily flow; therefore it is not feasible to take one side of the treatment plant offline for maintenance and repairs. Hence, many of the mechanical components throughout the plant are in need of repair to ensure efficient operation. There is also a deficiency in the amount of unthickened sludge storage space and a lack of any thickened sludge storage. The shortage of sludge storage forces the gravity belt thickeners to be started up when a tanker truck arrives for loading, and shut down after the truck is loaded. This is an inefficient operation. Additional sludge storage would allow for the thickening process to be run as necessary. As stated by NCDENR personnel in a letter dated September 1, 2004, Lake Hickory is showing signs of nutrient enrichment. While this nutrient enrichment may be attributed to non -point source discharges, it is possible the State may regulate point source 201 FACILITIES PLAN - ADDENDUM NORTHEAST WW'IT UPGRADE HICKORY, NC PAGE A4 ' discharges as a way to lower the overall impact. The plant as currently configured is incapable of achieving; nutrient removal, The North Carolina Division of Water Quality issued a compliance schedule within the City of Hickory's System -Wide Wastewater Collection System Pen -nit. The compliance schedule was set to address hydraulic capacity problems at the Northeast WWTP's influent pump station. The City of Hickory requested an extension in the compliance schedule on June 27, 2005. The extension of the compliance schedule was requested so the necessary pump station modifications can be completed as a portion of the project as presented herein. The proposed project as described above will allow the City of Hickory to adequately treat the current and future wastewater demands placed on the system by area residents in a more efficient and economical manner. The incorporation of the 1,200 residents in Alexander County with failing septic tanks into the sewer service area will not ' necessitate an expansion in plant capacity. The inclusion of these residents is not a portion of the project as outlined herein. The modifications will also allow for stabilization of flows during rain events, thereby eliminating discharge non-compliance and spill events. This will be accomplished through proposed maintenance, renovations, ' and construction previously outlined. 1 201 FACILITIES PLAN --ADDENDUM NORTHEAST W WTP UPGRADE HICKORY, NC PAGE A-5 12.0 ALTERNATIVES ANALYSIS 1 12.01 Alternative 1— No Action The Northeast WWTP currently receives an average influent flow of 3.95 MGD, or 66% of the design plant capacity. However following periods of significant rains, the calculated peak flow is approximately 15 MGD. The current plant configuration cannot efficiently handle this flow. The lack of sufficient hydraulic capacity throughout the plant has resulted in five (5) notices of NPDES permit non-compliance issued by the plant over the past five years. Following significant rain events, the influent pump station hydraulically overloads the secondary clarifiers, causing washout of solids. In addition to the overloading of the secondary clarifiers, the Northeast Plant influent pump station hydraulically overloads during extended rain events. The peak capacity of pump stations and gravity sewer lines received by the influent pump station is 10.4 MGD, while the pump station capacity is 4.7 MGD. The pump station is unable to handle these flows for extended periods. This inadequacy has resulted in a compliance schedule being issued for the City's collection system permit. The City of Hickory requested an extension in the compliance schedule on June 27, 2005 so the necessary pump station modifications can be completed as a portion of the proposed project as presented herein. Plant equipment is also in need of repairs that cannot be completed because neither Streatment train is able to adequately handle the entire plant flow. Some plant components have been in place since the expansion in 1988 while other components have been in operation for over 35 years, Many of these components are in need of replacement. Due to the current condition of the Northeast WWTP, taking no action is not a feasible alternative. 201 FACILITIES PLAN - ADDENDUM NORTHERS"I' WWTP UPGRADE HICKORY, NC PAGE A-6 12.02 Alternative 2 — Optimizing Operation of Existing Facilities Due to the many inadequacies of plant processes to handle the hydraulic capacity entering the plant, the optimization of plant operations would have very little impact on the NPDES violations experienced at Hickory's Northeast WWTP. Furthennore, some equipment in use at the plant has been in place for over 35 years, and is need of replacement. In addition to these limitations, the current treatment processes are inadequate in their ability to provide the level of treatment that may be required to meet future NPDES permit limits. Therefore, this alternative may be eliminated as a viable alternative. 12.03 Alternative 3 — Ladd Application Analysis of land application of wastewater as a practical alternative included three application processes: rapid infiltration into soils, slow rate processes, and overland flow. The use of a rapid infiltration system would require the presence of rapidly permeable soils. —According to the soil survey for Catawba County, the dominant soil type at the WWTP site is leveled clayey land, which is characterized by moderate or slow permeability. As such, rapid infiltration was eliminated as an option. Likewise, according to the United States Environmental Protection Agency (USEPA) manual, Cost of Land Treatmehl Systems, an overland flow system should be comprised of soils with slopes oft-8%. The areas feasible to utilize a land treatment system consist of slopes predominantly greater than 8%, therefore an overland flow operation was also eliminated from consideration. Based on these preliminary evaluations the option of a slow rate process was chosen for further analysis. The land application cost analysis assumed the following conditions 201 FACILITIES PLAN -ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-7 could be met: (1) Adequate land available to handle an average flow of 6 MGD, and (2) Secondary treatment of wastewater prior to land application. The aforementioned USEPA manual was used as a reference for cost estimation. Based on Figure 7 on page 23 of the EPA manual approximately 1,400 acres of contiguous land would be needed in order to land apply the treated effluent, provide adequate buffers, and provide storage ponds. Contiguous land tracts of this magnitude are not readily available in the area surrounding the WWTP. Neglecting the lack of adequate land, the cost analysis was perfonned assuming a land cost of $5,000 per acre in order to examine the financial feasibility of land application_ All other monetary values of land applying the treated wastewater were taken from Section 3 of Cost of'l and Treatment Svsteins manual. Costs were adjusted to account for price changes from 1980 to 2004. Design assumptions made to perform the land application cost analysis included: (1) Two miles of 24-inch pipe would be required to transport treated effluent to the land application site, (2) Adequate storage for two weeks of treated effluent, (3) A solid set sprinkling system would be used to land apply treated effluent, (4) A nonoperating time of 2 weeks is used for area of land, and (5) The design application rates are 0.2 inches per hour and 1.5 inches per week per acre. Secondary treatment of wastewater is necessary for land application. Therefore, the installation of a land application process would still require plant upgrades in order to provide sufficient treatment. It is assumed that the best alternative for upgrading the WWTP is identical to the plan developed in Section 1 1.0. Based oil the above assumptions, total capital costs for land application, including construction and design was estimated at nearly $44,000,000. The operation and maintenance costs for a land application facility, including the secondary WWTP, were estimated to be approximately $2,400,000 per year. As a result of the large cost to land apply secondary treated 201 FACILITIES PLAN -ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-8 wastewater and the lack of sufficient land in the surrounding area; land application is not a feasible alternative. 12.04 Alternative 4 — Downtown Sewer System Construction The City of Hickory's downtown area currently utilizes a sewer system receiving stormwater, which increases the waste stream volume during periods of rain. The downtown sewer system consists of both roof drains and storm drains emptying directly into sewers. Portions of the downtown sewer system have been in place in excess of 100 years. Therefore there are also deficiencies in the sewer system that increases the amount of inflow entering the system. An alternative to treating the stormwater as if it was wastewater is to eliminate the introduction of the stormwater into the waste stream. This would require the removal of all roof and storm drains discharging directly to sewage lines, An additional storm water system would need to be installed in order to properly drain storm water. This would include design of the system, installation of the storm drain lines, owner compensation, and replacement/repaving any roads or sidewalks damaged during installation. A preliminary cost estimate for this work is outlined in Appendix C. According to City of Hickory personnel the approximate area of the downtown sewer system is a 5 block by 5 block area. The estimated construction cost of a separate storm sewer system in the downtown area is approximately $11,870,000. Inclusion of engineering costs brings the total costs for sewer rehabilitation to an estimated $13 million. Assuming operation and maintenance to be 1.5% of the total construction costs, the annual costs are approximately $178,000 per year. This cost estimate includes only removal of stonnwater from the sewer system and does not address the need for plant rehabilitation to replace processes that have been in operation for 35 years. 201 FACILITIES PLAN -ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGG A-9 It is assumed that the cost estimate for upgrading plant equipment would be similar in capital costs as those outlined in Section 11.0, with the elimination of the equalization basin. The cost estimate presented in Appendix C includes the additional costs. The overall cost of constructing a downtown sewer system and ensuring reliable treatment at the plant is estimated at approximately $33,720,000. Operation and maintenance costs for the associated project are estimated at $1,015,000, As a result of the downtown sewer system being located in the congested business area, the difficulties of implementing a construction plan in the area must be considered. Construction of a new stormwater system in the downtown area would require rerouting of traffic and demolition of sidewalks throughout the area, thereby potentially crippling business owners in the thriving business districts. Apart from the monetary damage to downtown business owners, the construction of a separate sewer system in the area would include numerous complications. The cooperation of property owners in the area would be required to effectively remove all roof drains entering the downtown sewer system. Also, the majority of public utility lines in this area are underground, which would require extreme caution during planning and construction to ensure that lines are either circumvented or rerouted. Extensive surveying would be required to determine the actual areas using the downtown sewer system. Based on extensive costs, disruptions to business owners in the area, and complications with installation; construction of a separate sewer system is not an attractive alternative for residents in the Northeast WWTP drainage area. 12.05 Alternative 5 — Regional Wastewater Treatment Facility The City of Hickory is divided into three distinct drainage areas: Lake Hickory, Henry Fork, and Clark Creek basins. The Northeast WWTP is the sole provider of wastewater 201 FACILMES PLAN- ADDENDUM NOR'rHEAST WWTP UPGRADE 1-1ICKORY, NC PAGE A-10 treatment in the Lake Hickory drainage area, thereby essentially establishing the plant as a regional wastewater treatment facility for the drainage basin. In order to establish a true regional WWTP serving multiple drainage basins, an existing facility site would have to be abandoned. The alternative of a regional WWTP was examined as a portion of the 201 Facilities Planning Study for the Hickory -Newton Complex as submitted to the Western Piedmont Council of Government in 1980. The alternatives analysis in the referenced study concluded that the use of a regional WWTP was not economically advantageous. The most likely scenario for implementation of a regional WWTP would eliminate the Northeast WWTP. Construction of the regional WWTP would have to be completed at the Henry Fork site due to the lack of adequate space at the Northeast WWTP. In order for this to happen approximately 59,000 If of 42-inch force main would have to be installed. The topography of the region would place in excess of 150' of static head on pumping wastewater from the Lake Hickory Drainage Basin to the Henry Fork Drainage Basin. The installation of multiple pump stations capable of transporting wastewater in these conditions would be financially prohibitive. In addition to the long pipe runs and the high static head that must be overcome the force main would have to pass through congested areas of the City. This would make the securing of right of ways for the large force main much more difficult. Additionally, A regional WWTP at the Henry Fork WWTP would require plant construction costs similar to an upgrade of the Northeast WWTP. In addition to the financial difficulties relating to the implementation of a regional WWTP, the elimination of one of the City's treatment plants would increase the environmental impacts to the area. The waste loadings seen by either the Henry Fork River or Lake Hickory would increase drastically due to the increase in wastewater pow_ Also, by concentrating the waste treatment into one facility a previously undisturbed area would have to be disturbed to provide adequate treatment capacity. Additionally, incorporation of 11 miles of new force main would likely impact wetlands, forest resources, soil, topography, and water resources to a much greater extent than upgrading 201 FACILITIES PLAN -ADDENDUM NORTHI-AST WWTP UPGRADE HICKORY, NC PACE A-1 1 ' the existing facility_ The associated construction could also potentially impact prime agricultural lands, archaeological areas, and scenic or recreational lands. Based on the financial, technical, and environmental drawbacks to instituting a regional ' wastewater treatment facility in place of the existing facilities, and the findings of the 201 Facilities Planning Study for the Hickory -Newton Complex submitted in 1980, this alternative is not considered a reasonable alternative and therefore a detailed present worth analysis was not performed for the alternative. 12.06 Alternative 6 — Water Reuse System The largest industry discharging to the Hickory Northeast Wastewater Treatment Plant is Hickory Dyeing and Winding who contributes approximately 0.054 MGD of wastewater to the facility. There are no facilities with a process water demand significant enough to reuse the amount of flow currently seen at the Northeast WWTP, Also this option would not address the treatment processes at the treatment plant. Therefore, reuse of treated wastewater is not a viable option. 12.07 Alternative 7 — Northeast Plant Upgrade The final alternative evaluated was to upgrade the City of Hickory's existing Northeast WWTP, including the installation of an equalization basin. Preliminary design calculations were performed in an effort to establish a cost basis for analysis. The proposed project entails significant renovations and the installation of a 2.2 MGD equalization basin on the site of the Northeast WWTP. Tile design upgrades and modifications included in this analysis are outlined in Section 11.0. The proposed plant upgrades will occur on existing City of Hickory property with minimal additional land disturbance. The construction and engineering costs for the proposed project as outlined above is estimated to be approximately $22.9 million. 201 FACILITIES PLAN - ADDENDUM NORTHEAST WWTI' UPGRADE HICKORY. NC PAGE A-12 Operation and maintenance costs for the associated project are .estintated. at approximately $ 1.125 million. I2.08 Recommendations Based on the alternative analysis outlined above, it is recommended that the best alternative to handle plant inflow and process limitations at the Northeast Plant be ' through upgrade and modification of the existing plant With the addition of an equalization basin. 201 FACILITIFS PLAN -ADDENDUM NORTHFAST WWTP UPGRADE HICKORY, NC PAGE A-13 13.0 EXISTING ENVIRONMENTAL CHARACTERISTICS OF'PROJECr AREA 13.01 Topography Catawba County is in the Piedmont physiographic province. Interstream areas represent a peneplain that has been dissected by moderately swift streams, most of which flow eastward and southeastward. The average elevation in the county is 1,165 feet above sea level. Elevations within the City of Hickory Northeast Wastewater 'treatment Plant Project area range from 952 to 1016 feet above sea level. The treatment plant site is relatively flat, with some areas of relief. The slopes range from approximately 2% to 20%. Erosion has greatly altered the topography of the county. In most places a thick layer of soil and soft weathered rock overlie bedrock. Stone lines in many places, at varying ' depths in the soil material, indicate that repeated cutting and filling have occurred until the present landscape of broad, gently sloping ridges and smooth slopes has become more or less stable. Area flood zones are delineated on NFIP Flood Insurance Rate Map Community - Panel Number 370054-OOIOC and are presented as Figure 4 in Section 18. Base flood elevations as called out on the NFIP map were interpolated to establish the base flood elevation range from the southwestern corner of the site to the southeastern corner. These elevations are estimated to be approximately 966 feet above sea level on the southwest corner, and 960 feet on the southeast corner. Survey points were then assimilated to establish whether the current plant site is within the 100-year flood plain. The survey elevations, based on the National Geodetic Vertical Datum of 1929 as referenced on the NFIP map, ranged from approximately 968 feet on the southeast corner to 980 feet on the southwest corner. This range confirms the plant site is not located within the 100-year flood plain based on elevations. 201 FACILITIES PLAN - ADDENDUM NORTHEAST W WTP UPGRADE HICKORY, NC PAGI: A-14 ' 13.02 Soils - The Soil Survey of Catawba County, NC, distributed by the United States Department of 1 Agriculture (USDA) Natural Resource Conservation Service (NRCS) indicates the dominant soil types of the proposed project area are classified as Leveled clayey land, Pacolct soils, Pacolct gravelly tine sandy loam, and Chewacla loam. 1 According to the Soil Survey of Catawba County, Leveled clayey land consists of areas on uplands that have been cut or filled and altered to such an extent that the original soils ' cannot be recognized. In some places the surface layer, the subsoil, and part of the underlying material have been removed. In other places the till is 6 to 8 feet thick. ' Leveled clayey land is used chiefly for parking lots, playgrounds, and industrial sites. The area of Leveled clavey land is the land on which the WWTP currently sits. Pacolct soils are well -drained soils on uplands. They occupy fairly long, narrow bands along drainage ways or between the milder and steeper slopes. Areas are 5 to 50 acres in size, and the slopes are between 10 to 25 percent for this soil type. Pacolct gravelly fine sandy loam is a well -drained soil in long narrow bands on upper slopes of the uplands. Areas are 4 to 30 acres in size, and the soil type typical of the project area has slopes of G to 10 percent. Chewacla loam is a somewhat poorly drained soil on flood plains. It is very frequently flooded. It is along streams in strips up to 2 miles long, 200 to 600 feet wide, and 2 to 40 acres in size. Slopes for this soil type are 0 to 2 percent. Portions of the soils map for the project area are included as Figure 5 in Section 18. 13.03 Land Use The area to be impacted during the Hickory Northeast WWTP Project is currently owned by the City of Hickory and is zoned as Secondary Residential. Areas immediately 201 FACILITIES PLAN -ADDENDUM NORTHI=As'r WWTP UPGRADE 1.1ICKORY, NC PAGE A-15 surrounding the project area are zoned as Secondary Residential and Neighborhood Core Commercial. The City of Hickory's zoning map is included as Figure 6 in Section 18. ' 13.04 Wetlands 1 A review of the United States Department of Interior (USDI) Fish and Wildlife Service National Wetlands online map service indicates that there are two classified wetlands ' within 1,000 feet of the project area. These classifications are PFOIA (Palustrine System, Forested, Broad -Leaved Deciduous, Temporarily Flooded) and PFO1Ch ' (Palustrine System, Forested, Broad -Leaved Deciduous, Seasonably Flooded, Diked/Impounded). Wetlands surrounding the proposed project site are shown on a USGS map in Figure 2 of Section 18. ' A preliminary wetlands delineation was conducted in October 2004. A letter was mailed to the US Army Corps of Engineers (USACE) on November 11, 2004 requesting a site ' visit and confirmation of the preliminary delineation. The preliminary wetlands delineation showed that the location of the wastewater treatment plant is not within jurisdictional wetlands. The vegetation, soils and hydrology were found to have characteristics indicative of an upland area. As a result of the wetlands delineation and consultation of existing USDI map services the till of jurisdictional wetlands is not anticipated in this project. 13.05 Prime or Unique Agricultural Lands Prime farmland as defined by the USDA are areas where the soils are best suited for producing food, feed, fiber, forage and oilseed crops_ These areas have good qualities, are favorable for all the major crops common to the county, have a favorable growing season, and receive the available moisture needed to produce high yields on an average of 8 out of every 10 years. According to the above description, none of the dominant soil types within the proposed project area can be classified as prime farmland. 1 201 i=ACILITIESPLAN -ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-16 13.06 Public Lands and Scenic, Recreational, and State Natural Areas ' Formally classified lands include national parks, national monuments, national natural landmarks, national battlefields, wilderness areas, scenic rivers, recreational rivers, wildlife refuges, national seashores, lakeshores, state parks, BLM administered lands, ' national forests, national grasslands, and Native American owned lands. Lake Hickory's shoreline is approximately 1,500 feet from the proposed Hickory NE WWTP Upgrade 1 site. There are no other formally classified lands within a fifteen -mile radius of the proposed project. The United States Department of the Interior Geological Survey ' (USGS) Maps covering the project area includes the Hickory, NC Quadrangle, Figure 7 in Section 18 presents the proximity of the proposed plant site to formally classified lands. 13.07 Areas of Archaeological or Historical Value As documented in a letter dated April 21, 2004, from the North Carolina Department of Cultural Resources State Historic Preservation Office (SHPO), there are no known historic resources that would be affected by this project. 13.08 Air Quality According to EPA Region 4, Catawba County has an attainment classification for all pollutants. Current air emissions for the site are Iimited to rural road traffic. Following the installation of scrubber systems on the headworks, primary clarifier, sludge recirculation building, and belt press building, the plant has been abic to eliminate the majority of odor complaints from residents in close proximity to the plant_ The WWTP received 8 odor complaints in 2002, 10 in 2003, and have yet to receive any odor complaints in 2004. The majority of complaints fielded by plant staff have been from the influent wastewater releasing hydrogen sulfide in close proximity to the plant. The discharge of hydrogen sulfide is a result of the wastewater passing through two lift 201 FACILITIES PLAN --ADDENDUM NORTIAEAs"r WWTP UPGRADE HICKORY. NC PACE. A-l7 stations in series and passing through a long forcemain, wherein the waste may become septic. The City of Hickory ha handled this problem via the addition of chemicals which ' bind the sulfides, thereby reducing the formation and subsequent release of hydrogen sulfide. This practice has reduced the hydrogen sulfide concentrations from 60 ppm to approximately 3 ppm 1 13.09 Noise Levels 1 Noise levels within the City of Hickory Northeast WWTP project area are limited to ' vehicular activities in the surrounding area and operation activities within the WWTP. The plant currently utilizes one onsite diesel generator. The generator is tested weekly, ' and run under full load monthly. 1 13.10 Water Resources ' The proposed City of Hickory's Northeast WWTP Upgrade project is located in the Catawba River Basin. A list of North Carolina Water bodies, listed by county, was ' reviewed. Surface waters within the project area include: ' Surface Water Nante Classification Flow Type Falling Creek C Perennial Lake Hickory WS-V, B Perennial (From NC Hwy 127 To Oxford Dam) Uses of the above classifications are as follows: Class B: Freshwaters protected for primary recreation, secondary recreation, fishing, aquatic life including propagation and survival, and wildlife. Primary recreation includes swimming on a frequent or organized basis. Secondary recreation 1 201 FACILITIES PLAN --ADDENDUM NORTHEASTWW`ITUPGRADE HICKORY, NC PAGE A-I8 includes wading, boating, other uses not involving human body contact with water, and activities involving human body contact with water where such activities take place on an infrequent, unorganized, or incidental basis. Class C: Freshwaters protected for secondary recreation, fishing, aquatic life Including propagation and survival, and wildlife. Secondary recreation includes wading, boating, other uses not involving human body contact with water, and activities involving human body contact with water where such activities take place on an infrequent, unorganized, or incidental basis. Class WS-V- North Carolina's DENR defines class WS-V waters as freshwaters protected as water supplies which are generally upstream of and draining to Class WS-IV waters. No categorical restrictions on watershed development or treated wastewater discharges sliall be required. However, the Commission or its designee may apply appropriate management requirements as deemed necessary for the protection of downstream receiving waters (1 5A NCAC 2B .0203). Class WS-V waters are suitable for all Class C uses_ A USCS map of the surface waters and their relation to the project area is presented in Figure 1. The surface waters listed above are part of the Catawba River Basin. A map of North Carolina River Basins is presented in Figure 8 in Section 18. The Catawba River Basin encompasses 3,285 square miles and contains 3,042 miles of streams. The train channel of the Catawba River has seven hydropower reservoirs beginning with Lake James and continuing to Lake Wylie and the South Carolina border. These reservoirs provide electrical power, water supplies, and recreation for people living in the most densely populated watershed of the state. 201 FACILITIES PLAN- ADDENDUM NORTHEAsr WWTP UPGRADE HICKORY, NC PAGF A-19 There are two aquifer systems in the Northeast WWTP service areas, -the Piedmont and Blue Ridge Mountain crystalline rock aquifer, and the Carbonate rock aquifer. These aquifers are not used to supply potable water to Northeast WWTP customers. Lake Hickory serves as the sole drinking water source for the area, Water withdrawn from Lake Hickory is treated at the Hickory Water Treatment Plant, which has a rated capacity of 32 MGD. 13.11 Forest Resources ' Forest resources within the proposed project area are very minimal with the majority of construction taking place on previously disturbed land. Forest resources within the area ' mainly consist of hardwoods, including maple and tupelo. No more than three (3) acres of trees will be disturbed to complete the project as proposed. 13.12 Shellfish or Fish and Their Habitats The area along Falling Creek adjacent to the existing Hickory Northeast WWTP was traversed as a component of the wetlands delineation and site visit in October 2004. It was noted that the forested buffer along the area near the WWTP provides healthy fish habitat. On the contrary, upstream of the WWTP on Falling Creek there is no forested buffer. Minnows were noted in the portion of Falling Creek adjacent to the WWTP, but no life was sited upstream. The City of Hickory proposes to purchase conservation easements upstream of the plant so that trees can be replanted and fish habitat restored. The modifications to the WWTP are not expected to impact fish habitat as the forested buffer along Falling Creek will remain. In fact, the WWTP upgrade will probably improve fish habitat since storm water management will be provided to reduce the runoff' from the property to pre -developed velocities. 201 FACILITIES PLAN -ADDENDUM NORTHEAST W W't'P UPGRADE H ICKORY, NC PACE A-20 13.13 Wildlife and Natural Vegetation According to the North Carolina Natural Heritage Program's County Species List there are three species in Catawba County that are on the Federal List ofEndangered and Threatened Wildlife and Plants or federal species of concern. One of the three species, the dwarf -flowered heartleaf (Hexa.stylis nana flora), is recognized as a threatened species. The remaining two species are federal species of concern, the Catawba crayfish ostracod (Dactylocyihere isabelae) and sweet pincsap (Monotropsi.s odorata). Sweet pinesap is not likely to be found on the proposed construction site due to the preferred habitat of the perennial plant being; pine forests. The construction site is only moderately forested, with a majority of forest resources being hardwoods. According; to the Natural Heritage Program List of the Rare Animals of North Carolina, Catawba crayfish ostracods are found solely in Lyle Creek of the Catawba drainage basin. While Lyle Creek is within Catawba County, the creek is approximately three (3) miles from the proposed construction site. The environmental conditions favored by the dwarf -flowered heartleaf are likely to be found within the perimeter of the proposed construction site. The preferred habitat for this species is along bluffs and north -facing slopes and boggy areas along streams with acid, sandy loam soils in deciduous forests. All of these conditions exist within the proposed construction site boundaries. The forested canopy at the WWTP site consists of sycamore, white aster, tulip poplar, red maple, pin cherry, river birch, and holly. The majority of the canopy is open, with the understory consisting of the following species: soft rush, flat sedge, goldenrod, kudzu, joe pyc weed, lespedeza, queen anne's lace, giant kane, poison ivy, and blackberry. Significant wildlife species were not found in the project area. Squirrels, the great blue heron and small song; birds were noted during a site visit. Minnows and 201 FACILITIES PLAN -ADDENDUM NORTHEAST WVIT UPGRADE HICKORY, NC PAGE A-21 macroinvertabrates were sited in the stream. The rock outcropping downstream of the wastewater treatment plant on Falling Creek probably prevents fish in Lake Hickory from traveling upstream to the wastewater treatment plant to spawn. 201 FACILITIES PLAN -- ADDENDUM NORTHEAST W WTP UPGRADE HICKORY, NC PAGE A-22 14.0 PREDICTED ENVIRONMENTAL EFFECTS OF PROJECT 14.01 Topography Direct Impacts — The direct environmental impacts of the proposed City of Hickory's Northeast WWTP Upgrade on topography includes the installation of large plant processes. The large unit operations and pipe installations will require cut areas in the existing topography. Topography surrounding the unit processes and the installed pipe will be restored to pre -construction contours where possible. The 100-year flood plain surrounding the plant site should not be affected directly as the entire site was established through surveyed elevations as being above the flood plain. Therefore fill within Federal Emergency Management Agency (FEMA) floodways will not occur as a portion of this project. Indirect Impacts — Construction activity may indirectly impact the existing topography from unexpected erosion, and the possible depositing of silt within the 100-year flood plain. The contractor shall minimize this occurrence by using silt fencing to retain any erosion possible, and the contractor shall also overseed the site following construction. Cumulative Impacts — The area to be served by the proposed project is expected to increase by a population of approximately 14,500 over the next 20 years. However, the projected population increase is not a component of the proposed project, because there is no expansion in plant capacity or sewer service area is included as a part of the proposed project. Therefore there are no cumulative or secondary impacts anticipated from the project on topography due to the proposed project. The expected cumulative impacts to topography related to the proposed City of Hickory's Northeast WWTP project are limited to the temporary disturbance of existing topography to install the new plant processes and associated piping. 201 FACILITIES PLAN -ADDENDUM NORTHEASTWWTPUPGRADE HICKORY, NC PAGE A-23 1 14.02 Soil Direct Impacts — The direct impacts of the proposed City of Hickory Northeast WWTP Upgrade project on soils includes moving a moderate amount of soil during construction of new plant processes. These operations should not result in soil contamination; however the erosion of some soils may occur during construction. The magnitude of erosion shall be controlled by the contractor through the use of silt fencing and overseeding of disturbed soil after completion of construction. Approximately 183,000 cubic yards of soil will be moved during construction. Following construction the soil will be compacted and graded to restore pre -construction contours where possible. Indirect Impacts — There are no anticipated indirect impacts of the proposed City of Hickory's Northeast WWTP Upgrade on soils in the service area. Cumulative Impacts — The area to be served by the proposed City of Hickory's Northeast WWTP upgrade is expected to increase in population by over 14,000 over the ' next twenty years. Although this increase in population may affect the soil characteristics within the drainage basin, the population increase is not related to the ' project in that no expansion in capacity is being proposed. Therefore the cumulative impacts on soils within the region relating to the proposed project are anticipated to be ' minimal. 1 14.03 Land Use Direct Impacts — The direct impacts of the proposed City of Hickory's Northeast WWTP Upgrade Project on land use are predicted to be minimal. The area to be served ' by the treatment plant is primarily zoned for commercial and residential use. There is no 201 FACILITIES PLAN-Al7DENDUM NORTHEAST W WIT UPGRADE HICKORY, NC PAGE A-24 increase in plant capacity proposed. Therefore, the proposed upgrade will not promote growth above the potential already accommodated by the present plant capacity. Indirect Impacts — There are no anticipated indirect impacts of the proposed City of Hickory's Northeast WWTP Upgrade on land use in the Lake Hickory drainage area. Cumulative Impacts — Although the service area of the Northeast WWTP is expected to increase in population over the next twenty years, the cumulative impacts of the proposed WWTP Upgrade project are anticipated to be minimal. This expectation is because there is no increase in plant capacity being proposed as a portion of this project. 14.04 Wetlands Direct Impacts — A preliminary wetlands delineation conducted in October 2004 exhibited that the existing WWTP site is comprised of conditions characteristic of an upland area. Therefore there are no direct impacts likely on jurisdictional wetlands. Indirect Impacts — There are no expected indirect impacts of the proposed City of Hickory's Northeast WWTP Upgrade on wetlands in the service area. Cumulative Impacts — Although the service area of the Northeast WWTP is expected to increase in population over the next twenty years, there are no cumulative impacts on wetlands resulting from the proposed WWTP Upgrade project. The population increase expected is not a result of the project, and are not enhanced by an increase in flow. 14.05 Prime or Unique Agricultural Lands Direct Impacts — The proposed City of Hickory WWTP Upgrade Project will not have any adverse direct impacts on Prime or Unique Agricultural Lands. 201 FACILITIES PLAN -ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-25 Indirect Impacts — The proposed City of Hickory WWTP Upgrade Project will not have any adverse indirect impacts on Prime or Unique Agricultural Lands. Cumulative Impacts — There are no apparent cumulative impacts of the proposed City of Hickory WWTP Upgrade Project on Prime or Unique Agricultural Lands. 14.06 Public Lands, Scenic or Recreational Areas Direct Impacts — The shoreline of Lake Hickory is located within approximately 1,500 feet of the project site. The proposed City of Hickory's Northeast WWTP Project should not have any adverse direct impacts on the lake or other Public Lands, Scenic Areas, or Recreational Areas given the fact that the WWTP will be in the same location as the existing plant. Indirect Impacts — The proposed City of Hickory's Northeast WWTP Upgrade Project should not have any adverse indirect impacts on Public Lands, Scenic or Recreational areas. Cumulative Impacts — Although the project site is within approximately 1,500 feet of Lake Hickory's shoreline, there are no anticipated adverse cumulative impacts of the proposed City of Hickory's Northeast WWTP Upgrade Project on Public Lands, Scenic or Recreational areas. The proposed project is expected to increase the level of protection for Lake Hickory by minimizing the potential for solids washout and process overflows resulting from periods of heavy rains. 14.07 Areas of Archaeological or Historical Value Direct Impacts — As documented in a letter dated April 21, 2004, from the NC Department of Cultural Resources State Historic Preservation Office (SHPO) there are no known historic resources that would be affected by the proposed project. 201 FACILITIES PLAN -ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-26 Indirect Impacts — The proposed WWTP Upgrade will have no indirect impacts on cultural resources. Cumulative Impacts — There are no anticipated cumulative impacts of the proposed ' City of Hickory's Northeast WWTP Upgrade Project on cultural resources. 14.08 Air Quality Direct Impacts The direct impact of the City of Hickory's Northeast WWTP Upgrade Project on air quality in the surrounding area will include a temporary increase in dust and exhaust emissions from construction activities. Also, there will be clearing activities to allow for construction of a laboratory and office space on the existing WWTP site. If the material generated from clearing; this property is disposed of by open burning, the burning will be conducted in compliance with G.S. 113-60.21 through G.S. 113-60.31 and all other applicable federal, state and local ordinances. Catawba County is considered a non -high hazard county under these regulations and a regular burning; pen -nit applies. After construction is complete for the City of Hickory's Northeast WWTP Upgrade Project, a positive impact on the surrounding air quality is expected due to the installation of a new modular design, three stage, once -through Odor Control Scrubber. The Odor Control Scrubber is constructed of High Density Cross -linked Polyethylene and will replace the Pepcon odor control system currently in place. The new Odor Control Scrubber is expected to reduce the offensive odor that may affect the surrounding residential areas. Indirect Impacts — There are no apparent indirect impacts of the proposed City of Hickory's Northeast WWTP Upgrade on air quality in the region. Cumulative Impacts — The cumulative impacts of the proposed project on the surrounding area include a temporary increase in dust and exhaust emissions during; the 201 FACILITIES PLAN - ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PACE A-27 construction phase of the project. The proposed project will also eliminate some of the odor associated with a WWTP due to the installation of a new Odor Control Scrubber. 14.09 Noise Direct Impacts — During the construction of the City of Hickory's Northeast WWTP Upgrade Project, there will be a temporary increase in the amount of noise in and around the construction areas due to construction equipment. Construction activities will take place between dawn and dusk, Monday through Friday. Indirect Impacts — There are no apparent indirect impacts of the proposed City of Hickory's Northeast WWTP Upgrade on noise levels in the area. Cumulative Impacts — The cumulative impacts of the City of Hickory's Northeast WWTP Upgrade on noise levels include a temporary increase in noise; during construction at the plant site. 14.10 Water Resources Direct Impacts — The direct impacts of the proposed City of Hickory's Northeast WWTP Upgrade will include the protection of surface and ground water quality from sanitary sewer overflows which have been encountered during periods of extreme rain. Overall the plant upgrades arc expected to protect and enhance the quality of surface waters in the area, through the elimination of solids washout during significant rain events and the discharge of an improved effluent into Lake Hickory. Indirect Impacts — Indirect impacts of the proposed project on water resources in the Lake Hickory drainage basin arc not anticipated. Cumulative Impacts — The cumulative impacts of the proposed project on surrounding water resources include a positive impact by eliminating sanitary sewer overflows, which 201 FACILITIES PLAN -ADDENDUM NOIt'n-i[-'AST W WTP UPGRADE 1.1ICKORY, NC PAGE A-28 have been encountered during periods of extreme rain. The positive impact is a result of an enhanced ability to dampen the effects of large rain events, as well as a higher quality effluent being discharged to Lake Hickory. 14.11 Forest Resources Direct Impacts The direct impact of the proposed City of Hickory's Northeast WWTP Upgrade Project on forest resources will be the clearing of approximately three (3) acres of land. The clearing of this land will allow construction of office buildings and a laboratory on the existing WWTP site. Following; construction of the laboratory and administration buildings, landscaping will be utilized to enhance the site. The landscaping will improve the aesthetics and neighborhood acceptability through the planting of new trees. Indirect Impacts — There are no apparent indirect impacts of the proposed City of Hickory's Northeast WWTP Upgrade on forest resources in the area. Cumulative Impacts — The cumulative impacts of the proposed City of Hickory's Northeast WWTP Upgrade project include the minimal clearing of trees on the existing WWTP site. A positive impact will be the landscaping of the area, to include the planting of new trees, which will augnnent the aesthetics and neighborhood acceptability. 14.12 Shellfish or Fish and Their Habitats Direct Impacts — The proposed City of Hickory's Northeast WWTP Upgrade Project should not have any adverse direct impacts on shellfish or fish and their habitats. Indirect Impacts — The proposed City of Hickory's Northeast WWTP Upgrade Project should not have any adverse indirect impacts on shellfish or fish and their habitats. The upgrade will protect surface and ground water quality from sanitary sewer overflows 201 FACILITIES PLAN -ADDENDUM NORTHEAST WW'IT UPGRADE. HICKORY, NC PAGE A-29 which have been encountered during periods of extreme rain. Overall the plant upgrades are expected to protect and enhance the quality of surface waters in the area, through the elimination of solids washout during significant rain events and the discharge of an improved effluent into Lake Hickory.. The enhanced water quality will improve fish habitat. Cumulative Impacts — The only anticipated cumulative impact of the proposed City of Hickory's Northeast WWTP Upgrade Project will be enhanced water quality and fish habitat. 14.13 Wildlife and Natural Vegetation Direct Impacts — The direct impacts of the proposed City of Hickory's Northeast WWTP Upgrade Project should be minimal, because the proposed project will be taking place at a previously disturbed site. A possible direct impact is the disturbance of a threatened plant, dwarf -flowered heartleaf. However, this plant was not noted on the property during the wetlands delineation. A negative impact on this plant is not anticipated due to the preferred habitat of the plant being on the north slopes in boggy areas of a creek bed. The existing creek bed is extremely entrenched, and not good habitat for the dwarf -flowered heartleaf, or any vegetation for that matter. As such, restoration including tree plantings is proposed to improve the habitat in the stream. Indirect Impacts — There are no apparent indirect impacts of the proposed City of Hickory's Northeast WWTP Upgrade on wildlife and natural vegetation in the area. Cumulative Impacts — The cumulative impacts of the proposed project include the possible disturbance habitat suitable for dwarf -flowered heartleaf. The disturbance of the habitat, which is located on the north slope of the creek bed, is not anticipated as the entire plant site is situated well above the 100-year floodplain and therefore should not affect the vegetation contained within the creek bed. 201 FACILITIES PLAN - ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-30 c 14.14 Introduction of Toxic Substances Direct Impacts — The proposed City of Hickory's Northeast WWTP Upgrade should not directly introduce any toxic substances into the project area. Chlorination of wastewater will be in use at the WWTP; however, dechlorination operations are designed and operated in an attempt to eliminate all chlorine residuals leaving; the plant. The use of chlorination/dechlorination is currently practiced at the WWTP; therefore no increase in toxic substances is expected. The proposed change from gaseous chlorine to onsite sodium hypochlorite generation will eliminate potential hazards associated with current chlorination processes. Another benefit suggested by existing information on onsite sodium hypochlorite generation, is the reduction of disinfection byproducts formed through chlorination with respect to gaseous chlorine. Alternatives to the proposed disinfection strategy, including UV disinfection and treatment with ozone, were examined during; preliminary design work. Similar to chlorinationldechlorination, these disinfectants form disinfection byproducts when used on wastewaters. The byproducts formed are different than chlorinationldechlorination byproducts; however, they may be similarly toxic to aquatic species. Due to this fact and the reliability of disinfection via chlorination/dechlorination, onsite sodium hypochlorite generation followed by dechlorination is the chosen disinfection practice for the Northeast WWTP upgrade. Indirect Impacts -- As with any large scale construction project, the proposed City of Hickory's Northeast WWTP project may introduce toxic substances into the environment from heavy machinery being used onsite. These toxic substances include diesel fuel, oil, and hydraulic fluid. Although a large scale leak or spill of these substances is not expected, corrective measures shall be in place. 201 FACILITIES PLAN -ADDENDUM NORTI IEAST WWTP UPGRADE HICKORY, NC PAGE A-31 ' Cumulative Impacts — There are no known cumulative impacts of the proposed City of Hickory's Northeast WWTP Upgrade concerning the introduction of toxic substances ' into the project area. 201 FACILITIES PLAN"- ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-32 1 15.0 MITIGATIVE MEASURES 15.01 Topography Topography altered during; construction of plant processes and the associatdd piping will ' be restored to pre -construction contours where possible. Also the existing; City of Hickory nand Development Code regulates the filling in of 1 UO-year floodways that will ' alter or restrict a floodway as described in Section 12.3.2 below: 12.3.2 Development Permit and Certification Requirements Application for a development permit shall be made to the Zoning Administrator on forms provided by the Planning Director prior to any development activities. The development permit may include, but not be ' limited to, plans in duplicate drawn to scale showing: the nature, location, dimensions and elevations of the area in question; existing or proposed structures and the location of fill materials; storage areas and ' drainage facilities. Specifically, the following; information is required: (a) Where base flood elevation data is provided in accordance with Sec. 12.3.30), the application for a development permit within the ;Gone A on the Flood Insurance Rate Map shall show: (1) the elevation (in relation to mean sea level) of'the lowest floor (including basement) of all new and substantially improved structures, and (2) if the structure has been flood -proofed in accordance with Sec. 12.4.2(b), the elevation (in relation to mean sea level) to which the structure was flood proofed. (b) Where the base flood elevation data is not provided, the application for a development permit must show construction of the lowest floor at least 2 feet above the highest adjacent grade. ' (e) Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include: a description of the extent of watercourse alteration or relocation, an engineering report on the effects of the proposed project on the flood -carrying capacity of the ' watercourse and the effects to properties located both upstream and downstream, and a map showing the location of the proposed watercourse alteration or relocation. (d) When a structure is flood -proofed, the applicant shall provide a certificate from a registered professional engineer or architect that the nonresidential flood proofed structure meets the flood -proofing criteria in Sec_ 12.4 2(b). (e) A floor elevation or flood-proofing'certification is required after the lowest floor is completed. Within 21 calendar days of establishment of the lowest floor elevation, or flood-peoofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the Planning Director a certification of the elevation of the lowest floor, or flood -proofed elevation, whichever is applicable, as 201 FACILITIES PLAN —ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-33 built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done within the 21-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Planning Director shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required herby shall be cause to issue a stop -work order for the project. The City of Hickory Land Development Code also provides in Article 1, Section 1.11 that "If the provisions of this Land Development Code are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law." Therefore, any development within the City of Hickory land development jurisdiction, must comply with the most stringent local, state or federal regulations regarding flood plains. The Applicability and Jurisdiction of the City of Hickory Land Development Code is addressed as follows: 1.31 Applicability and Jurisdiction This Land Development Code shall apply to all development, public and private, throughout the City of Hickory and its extraterritorial planning jurisdiction. No building, structure, land or .eater shall hereafter be used or occupied, and no building, structure, of part thereof shall hereafter be erected, reconstructed, moved, located or structurally altered except in conformity with this [.and Development Code. It is the specific intent of the City Council that all floating structures and buildings, as well as buildings and structures built over or in water, shall meet all the requirements of this Land Development and other applicable ordinances and regulations of the City of Hickory_ A map showing the boundaries of the city's planning jurisdiction shall be available for public inspection in the Planning Department. Enforcement of the City of Hickory Land Development Code is described in Article 16 (see Appendix) of the Code. 201 FACILITIES PLAN-- ADDENDUM NORTI4EAST WWTP UPGRADE 1-IICKORY, NC PAGE A-34 In addition to the regulations contained within the Land Development Code, the City of Hickory is also applying for a grant from the Clean Water Trust Fund to help purchase conservation easements along Falling Creek. The inclusion of conservation easements along the creek will allow for forested buffers to be incorporated, which will enhance the ability of the topography of the land to remain in tact by decreasing the amount of erosion along the creek banks. The proposed project will also improve stormwater management at the plant, including the removal of storm drains causing erosion in Falling Creek. The City anticipates restoring the banks to pre -development conditions following removal of these storm drains. Where they are feasible, Low Impact Development (LID) practices will be incorporated in an attempt to reduce the quantity of runoff leaving the site. Stormwater management structures will be provided if required so that the post -development 10 year peak flow is equal or less than the pre -development 10 year peak flow. 1 15.02 Soil All disturbed soils will be compacted and overseeded in an effort to minimize the amount of erosion seen at the plant immediately following construction. Stonnwater management at the Northeast WWTP will be improved as part of the project. Where feasible, Low- Impact Development (LID) will be provided to reduce the quantity of runoff leaving the site. Where feasible, Low Impact Development (LID) will be provided by lengthening the time of concentration and using permeable pavement and/or other technologies which reduce the Curve Number and thus reduce the quantity of runoff leaving; the site. Stormwater management will be provided, if required, so post - construction 10-year peak flow is equal or less than pre -construction 10 year peak flow. 15.03 Land Use No mitigation measures are proposed for this area, because there are no direct or indirect impacts of the proposed project on land use in the service area. 201 FACILITIES PLAN - ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-35 15.04 Wetlands Preliminary delineation of wetlands and consultation with available USDI mapping; services demonstrate the sites of the proposed project will not interfere directly with wetlands. Therefore, there are no mitigation measures being; proposed. In the event wetlands are found prior to site construction the proper permits will be secured by the City and corresponding mitigation measures will be enacted. 15.05 Prime or Unique Agricultural Lands No mitigation measures are proposed for this area, because there is no direct conversion of prime or unique agricultural lands to another land use as a part of this project. , 15.06 Public Lands, Scenic or Recreational Areas Since the proposed project will not have a direct impact on public lands and scenic, recreational, or state natural areas, no mitigation measures are proposed. 15.07 Areas of Archaeological or Historical Value As stated in a letter dated April 21, 2004, from the NC Department of Cultural Resources State Historic Preservation Office (SHPO), there are no known historic resources that would be affected by the proposed project. However, the NC Department of Cultural Resources shall be contacted if properties (district, site, building, or structure) and/or archaeological materials are encountered prior to or during; construction of the project. In order to limit the direct environmental impact/effect, the owner or contractor shall request that a State Historic Preservation Officer (SHPO) or designated cultural resource specialist visit the project site if these properties and/or archaeological materials are encountered. During; this particular site visit, the SHPO or cultural resource specialist could identify/document the historic property and/or material, and discuss the 201 FACILITIES PLAN -ADDI7NDUM NORTHEAST WWTP UPGRADE HICKORY, NC PACE A-30 alternatives (i.e. realignment of structures) in order to limit environmental impacts. Any questions pertaining to the 36 CFR Part 800 (Section 106 Regulations) should be directed at either the NCDAH and/or SHPO. The contract documents for project construction will include this requirement. 15.08 Air Quality 'The contractor, as required by the contract documents, will make sure that any dirt/debris is either swept off the road or dampened down to reduce the amount of dust in the air. It should be noted that the roadway should be swept daily if dirt has accumulated because of construction. All trenches shall be closed and covered at the end of each workday as required by the construction documents. This will reduce possible nuisance dust from construction activities. If any material generated fron, clearing this property is disposed of by open burning, the burning will be conducted in compliance with G.S. 113-60.21 through C.S. 1 13-60.31 and all other applicable federal, state and local ordinances. Odor concerns surrounding the upgrade of the WWTP will be mitigated via the installation of odor control throughout the plant. Odor control to be installed is a new modular design, three stage, once -through Odor Control Scrubber. The scrubber is constructed of High Density Cross -linked Polyethylene and will replace the Pepcon odor control system currently in place. 15.09 Noise In an effort to minimize the impacts of noise levels on the surrounding area, the contractor- shall schedule work during daylight hours, Monday through Friday. The contractor shall also comply with local noise ordinances and become familiar with any restrictions. 201 FACILITIES PLAN - ADDENDUM NORTHEAST WWT!' UPGRADE 1-1ICKORY, NC PAGE A-37 The design of plant processes will include the installation of sound abatement measures to reduce the impact to surrounding residential areas_ These sound abatement techniques ' include the enclosure of excessively noisy plant equipment in soundproof housing. 15.10 Water Resources ■ Construction activities associated with the project will be performed using appropriate ' sedimentation control measures to minimize or avoid impacts of sedimentation on the creek adjacent to the project area. Adequate sedimentation and erosion control measures will be in place prior to any ground disturbing activities. ' A Sedimentation and Erosion Control Plan will be prepared for the City of Hickory's Northeast WWTP Upgrade Project. This plan will be submitted to the North Carolina ' Department of Environment and Natural Resources' Division of Land Resources and the Catawba County Planning Commission for review and approval. The plan will include temporary or permanent vegetation to be planted within 15 days of ground disturbing activities to provide long-term erosion control. 1 In addition the contractor shall minimize the amount of disturbed area during construction. All other construction activities will utilize Best Management Practices for sediment and erosion control. The contractor will be aware that direct, indirect, or ' cumulative impacts/effects to water quality may result from sedimentation, ground clearing, or creek flow impedance. For future development, waterway protection buffers as required by the state and the Land Development Code will be used to protect waterways. Buffers are described in Section 9.17.2 & 3 of the Code as follows: 9.17.2 Preservation of Waterways and Water Areas Where a proposed subdivision is traversed by or includes in whole or in part a watercourse, marsh, pond or lake that is of substantial significance in the ecology of the general area, such water body shall to the maximum extent reasonably feasible be maintained in its natural state. together with bordering lands likely 201 FACILITIES PLAN — ADDFNDUM NORTHEAST W W"IT UPGRADE l-IICKORY, NC PAGE A-38 to be inundated at the period of high water during periods of rainfall of I0-year return frequency and other suitable protective strips. The phrase "substantial significance" in the ecology of the general area" means waterways shown of the Floodway Maps of the City of Hickory and its extraterritorial planning jurisdiction. 9.17.3 Waterway Buffers (a) During subdivision development, land within 50 feet of the banks of all streams with flood plains shown on the foodway Boundary and Floodway Maps shall be preserved in its natural state and shall not be disturbed except for the installation of permitted or required improvements are re -vegetation in accordance with an approved planting plan which in the opinion of SRB provides equal or better erosion protection than the existing vegetation. Any areas disturbed as a result of these activities shall be revegetated with erosion resistant vegetation as approved. As mentioned above, the City of Hickory Land Use Flan has incorporated both Flood Protection and Storni Watcr Management into the focal development code (see City of Hickory Land Development Code, Article 12. Flood Protection and Article 12: Stonn Water Management, in the Appendix). The complete City of Hickory Land Development Code can be viewed at: littp://www,ci,hickory.nc.us/publ icdoes/otheipubllcdocs/landdevelopiiietit.pdf The Land Development Code requires that any development project and installation of improvements shall provide erosion control as described in Section 9.12: 9.12j F,rosion Control 9.12.1 In general, during the preparation of the subdivision or any other development project and installation of improvements, appropriate measures shall be taken to prevent erosion and damaging siltation on the property and on adjoining land or water areas in accordance with the "Rules and Regulations for Erosion and Sediment Control" published by the North Carolina Sedimentation Control Commission. 9.12.2 In any grading or filling operations, desirable topsoil shall be conserved and redistributed as such, particularly to cover exposed subsoils. 9.12.3 The City Engineer shall not issue a Land Development Permit until he has received a copy of the Certificate of Compliance with the provisions of Chapter 113A, Article 4 of the North Carolina General Statutes, Sedimentation Pollution Control Act of 1973, as amended, issued by the appropriate office of the NC Department of Environmental and Natural Resources. 201 FACILrr1E5 PLAN —ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-39 In addition, the Land Development Code addresses specific design criteria in Section 13.9 as follows: 13.91 Peak Flow Reducing Storm Water Control Facilities Requirements 13.9.1 Generally, storm water control facilities shall be required for nonresidential development and multiple family residential development as noted below. (a) The minimum peak flow reducing storm water control requirements shall provide control measures necessary to control velocities of flow from storm water management facilities to a level which will not cause erosion or other velocity related problems at the exit of all storm water management facilities and downstream. In addition, storm water control measures shall be provided to limit the 2-year and 10-year developed peak discharge rates to pre -developed peak discharge rates. The design of these facilities shall be based on guidelines contained in the Manual of Practice. The sections of the Land Development Code listed above and other related sections in the Code shall be used to mitigate impacts to water resources. The City of Hickory Land Development Code also provides in Article 1, Section 1.1 1 that "If the provisions of this Land Development Code are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law." Therefore, any development within the City of Hickory land development jurisdiction, must comply with the most stringent local, state or federal regulations regarding water resources. In addition to the measures required by the Land Development Code, the City of Hickory is applying for a grant from the Clean Water Trust Fund, to assist in the purchase of conservation easements on Falling Creek. During an October 2004 site visit, the stream was noted as being greatly impaired from upstream development and deforestation. The stream is currently protected by a forested buffer only in the area adjacent to the water plant. The procurement of conservation easements will allow the City to incorporate a 50' forested buffer along a larger portion of the creek. 201 FACILITIES PLAN —ADDENDUM NORTHEAST W WTP UPGRADE HICKORY, NC PAGE A-40 15.11 Forest Resources The contractor will be instructed to minimize clearing and to avoid clearing larger trees when possible. If the clearing debris is not used to create wildlife habitat, the woody products will be sold as sawtimber, pulpwood, or wood chips. , 15.12 Shellfish or Fish and Their Habitats The City of Hickory's Northeast WWTP Upgrade Project is anticipated to improve fish habitat due to the restoration of a forested buffer along a greater length of Falling Creek. Additionally, the discharge of a higher quality, better controlled effluent is anticipated to enhance these habitats. 15.13 Wildlife and Natural Vegetation The Contractor shall employ enhanced erosion and sedimentation control to limit sedimentation within the creek banks. The contractor will also be instructed to minimize clearing and avoid clearing large trees when possible. Stream restoration including; tree plantings will improve wildlife habitat along the stream. 15.14 Introduction of Toxic Substances Although the introduction of toxic substances into the environment are not anticipated, in the event that a large scale leak or spill of diesel fuel, oil, hydraulic fluid, or any other toxic substance occurs during plant construction it shall be the responsibility of the contractor to provide adequate cleanup. The contractor shall also contact all relevant agencies and adhere to any regulations governing; the nature of the spill. Chlorination will be in use at the plant; however, dechlorination facilities will be designed and operated in an effort to remove all chlorine residuals from the effluent by using; sodium bisulfate. 201 FACILITINS PLAN -ADDENDUM NORTHEAST WWTP UPGRADE HICKORY, NC PAGE A-41 16.0 ENVIRONMENTAL JUSTICE 16.01 Environmental Justice The United States' Environmental Protection Agency (EPA) requires "fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies." The proposed City of Hickory's Northeast WWTP Upgrade project would have no negative impacts to the surrounding communities based on race, color, national origin, or income. All demographic data used to support this conclusion may be found using the EPA Environmental .Justice Geographic Assessment Tool, located at http.//www.eRa.gov/enviro/ej/. The proposed project will be constructed on existing city property located within Census 2000 map blockgroup number 370350103021. Based on 2000 census data, the resident population in this blockgroup consists of 3.94% minority and 5.12% of the population below poverty. All sludge leaving the Northeast WWTP is transported outside of the service area to Newton, NC. There are eleven (11) blockgroups within the Northeast WWTP service area with a resident population greater than 10% minority and/or greater than 10% below poverty. The data for these blockgroups can be observed in Table 16.1 below. The documented blockgroups are dispersed throughout the service area, where adequate sewer service is available to the resident population with the exception of blockgroup 370350103031. This blockgroup is comprised of 26.09% minority and only 2.88% below poverty. Figure 9 in Section 18 depicts the demographic characteristics of the census blockgroups. A review of Superfund sites revealed no sites within the treatment plant service area. Based on this information it is suggested that no environmental impact has been unfairly 201 FACILITIES PLAN -ADDENDUM NORTHEAST W WTI' UPGRADE HICKORY, NC PAGFA-42 levied on minority or poverty populations within the proposed construction area or the surrounding service area. TABLE 16.1 Blockgroup Demographic Data ! 0• , a PERCENTMINORITY r RCENToFPoP f / 1 , ' 370350103012 23.09% j 12.50% 370350103031 26.09% 2,88% 370350103042 27.61 % 1 1.49%u 370350104011 19.27% 7.98% 370350104013 19,19% 6.25% 370350104021 37.54% 17.32% 370350104022 40.38% 8.47% 370350105002 11.48% 3.92% 370350105003 14.44% 7.96% 370350106002 24.69% 11.90% 370350106004 39.90% 9 27%0 201 PAU.rni-S PLAN-ADJ)FNl)UM Nop'nu-AST wWT1' UPGRADE HICKORY, NC , PAGii A-43 1 7.0 REI{ ERENCES 1) Combined Seaver Overflow Technology Fciet Sheet. EPA-832-F-99-035. United States Environmental Protection Agency. September 1999. 2) Reed, C.S. et al. Cost of Land Treatment Systems. EPA-430/9-75-003. United States Environmental Protection Agency, September 1979. 201 FACILITIES PLAN —ADDENDUM NORTHEAST WW'IT UPGRADE HICKORY, NC PAGE A-44 18.0 FIGURES Figure 1 — Site Location.............................................................................. A-46 Figure 2 — Wetlands Location Map............................................................ A-47 Figure 3 — Drainage Basin and Sewer Map ................................................ A-48 Figure 4 — NFIP Flood Insurance Rate Map ............................................... A-49 Figure5 — Soils Map................................................................................... A-50 Figure6 — Zoning Map............................................................................... A-51 Figure 7 — Formally Classified Lands......................................................... A-52 Figure $ — North Carolina River Basins ..................................................... A-53 Figure 9 — Census Maps.............................................................................. A-54 201 FACILITIES PLAN - ADDENDUM NoRTHFAST WWTP UPGRADE HICKORY, NC PAGE A-45 �sonEcrs ►yva�aes NAY.c$, SEAy, mATTERN h mA7rERN. WC. 181 E. EVANS ST. STC-105 SUr7E 23 FLORENCE. SC 29506 (W) 669-4491 —.h mm.com SCALE: 1 "=4000' COMM. NO.: 60402A DATE: 2/2/2005 LOCATION MAP NORTHEAST HICKORY HICKORY, NORTH CAROLINA FIGURE 1 i ci:, .SAG ! DWG. VVYVTP NO. OF 2 HSM,M-Fuii.ctb RF: NONE IMO: HiCKORY.L-'.'-:,T37 i 407.TiF der ,a _ �V. / 44 R _ • + E it 's t f • ..� Fig LEGEND M WETLANDS 11 J u J Lk AN30WIS eiDlesls RANNIX HAYES. SEAY, WATTERN do WTTERN, INC. 181 E. EVANS ST. WM-105 SUTTE 23 (043) Sft- LI ww ha mxom SCALE: NO SCALE COMM. NO.: 60402A DATE: 2/2/2005 % WETLANDS LOCATION MAP DWG, NORTHEAST HICKORY WWTP NO. HICKORY, NORTH CAROLINA FIGURE 2 OF\�1 IaF iL Y • PeE r CmC2 1'r.0 Par CmB2 PcB, Pal CdU2 PCC ` PcC YcH' • � •,;� � `' ,-� 'I, �1'CC CmC2Pe r �- 41''Cmh7 Cw. 1 mill f '�\ cmcz Pam€ Will f "4mc1 11. 4 c - jj / '+ MgC2 1 Pee awlF'nC x A �MRE2 • � ! li .. :._ F _ PCs�� �C Cm6 _ E Cm •'a N• s'mC2 `•„ � �� � CmB2 �� i Pc[; nB2 • (I� •, CnC2 CM82 nE3 f \ Cnr,2 CmC2 � cmcz . c L, mB2 �CmC2 � CmC2 + < �I CmB2 / 1 CA I9 CmC2 Got i Lc 11 1`�,_ Cnlat jf l' The 5. r } Chv— Cin Cm62 FmU Crc2li r • U2. �" �� any.. • iCmB2 ,' . C f . Crol i;mC7 - - - • CmC2 _ Cmc2 a � ` CmB2 i 4'r ~Y4 ry n 7 a CmB2 fmC2 HSMM SCALE: N 0. SCALE SOILS LOCATION MAP COMM. NO.:.: Ni 60402A HICKORY, NORTH CAROLINA �vrcsnscas eua+r+�s nAreaers HAYES. SEAY, MATiERN k MATTERN, INC. PATE: Z/Z/ZOOS 181 E. EYANS St. 6EC-1 as SYATE 23 FIGURE 5 �Lol:, satin+ caRouru z�sos B01 8 -4491 wxw.h m.co I M M M M M M M M M� M m m m==� �' l• I PISGAH NATIONAL rugs Creek Love VilIleytl Tranquil Hill • FOREST _- 4Cedsr Rook ( Roc rings. 90 Estate ��" VaTr�itgad, Radius: 15 rrsi[4 Leno LeMar Park Ellendale Taylorsville Area: 7QG-5 square {stiles ,�.Eollettsville Honey Hills � .Tremont Park �,,�-� _ "�i� 1 _ - _ - Britishtiods Cedar Valley.- Q- `'$4_� l a Q ddenite "Adak, Llledoun Midway 15 tAihitnel Oak Hill r' o I� 115 �hQut#enz ° .Mount Herrman Dovonsville, pLittle River ! 0 4 132$ , �Gamewell, Fairview _1 Isenhour Par1q 3ohnsori- ,Dudley Shoals o Park gStorly Point t Hartland, evelopmentp y Hamp n Heishts° —Hudson pPetra Mills Taylorsuille 4IS and I` Morga n Sawmills. 6ethlehem Beach Lenoir irport o G 't. eBaton Granite Fallsp 52 Waste Water"Freatment Plant , Rhod1iss 127 } 1453~� cats e a I 1400 18-__ Sharon 321 , - �r10t7t1 Oxford Park 1 ; i611 �--_ 1502 9CitasYilla Covain,e Drexel G o nn e�(ys r_ TI +( q - • 5 rinks Hldckry Regional Airport `�_ 1709 Catfish uniaptl- `` 1, aides ��,•�V + 1481, •ems Airport �'' �d Pen+elopeo _e{yy 71,I Kyles Crossroads 21 �J r 14$8 `�`'.1 ti .Buffalo P to urg k �70 �` _ onover ° Claremont a Trautman Sa1�1ti - Henry River, Brookfor I`ai �rb�,00k r — C wba ' - . 1148 I i822 1t3 ewton ° DUKE t Wilsorts '', 11` 9 = Witherspoon Monbo, POWER "- Airport Crossroad STATE. PARK 1924 _ _ - Propst iu Startown - Crossroads Nums �`-'r 4 ,SherrillS Fard, Lake Nairman AirpAr SOUTH Cross oads MOUNTAIN',�-- STATE PARK Shoups Ford` Ramseya HW anoak Maiden ill idence Laneys . 150 L1G ° Airport r f� Camp Creek _ 10 1999 Morosott Corp. Al n hts reserved. Heniy FIGURE 7 I FORMALLY CLASSIFIED LANDS � r r r r r r r r� � r rr r ■r r r r� r PROJECT LOCATION Legend Broad Gape Feat Catawba chowan French Bread HW ssee Little Tennessee Lumber Neuse River Basins in North Carolina Nov Pa*Wotank Rnawke Savannah Tar Pamlico Wh fte Oak Yadkin - Pee Dee September 1997 FIGURE 8 I NORTH CAROLINA RIVER BASINS • •••, •.. 'SYu>Xan_y�.{$,pphnh,. AF: NONi iMG- NC—zw. wJpG 19.0 APPENDIX A. Hickory Land Development Code B. Correspondence C. Opinion of Probable Cost 201 FACILITIES PLAN -ADDENDUM NORTHEAST W WTP UPGRADE HICKORY, NC PAGE• A-55 AP PENDix A CITY OF HICKORY LAND DEVELOPMENT CODE n ' 'c Flo-odPr'otettion Sec.12.1 General i12.1.1 Statutory Authorization The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter ' 143, Parts 3, 4, Article 18 of Chapter 153A, and Article 6 of Chapter 153A of the North Carolina General Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. ' 12.1.2 Findings of Fact The City Council of the City of Hickory, North Carolina has made the following ' findings: (a) the flood hazard areas of the City of Hickory and Hickory Regional Planning Area are subject to periodic inundation which results in loss of life, property, ' health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and ' (b) these flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood -proofed, or otherwise unprotected from flood damages. ' 12.1.3 Purpose The regulations of this article are intended to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1 (a) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities; (b) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; ' (c) control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; ' (d) control filling, grading, dredging and other development which may increase erosion or flood damage waters; (e) prevent or regulate the construction of flood barriers which will unnaturally ' divert floodwaters or which may increase flood hazards to other lands. 12.1.4 Objectives The objectives of this article are as follows: (a) to protect human life and health; (b) to minimize expenditure of public money for costly flood control projects; Hickory 1 Land Development Code May 22, 2003 Edition 307 Article 12 1 Flood Protection Sec. 12.1 1 General (c) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) to minimize prolonged business interruptions; (e) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (f) to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (g) to ensure that potential homebuyers are notified that property is in a flood area. 12.1.5 Applicability; Development Permits The regulations of this article apply to all areas of special flood hazard within the jurisdiction of the City of Hickory and the Hickory Regional Planning Area. No structure- or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and all other applicable regulations. A-deve►opment permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities. 12.1.6 Basis For Establishing the Areas of Special Flood Hazard (a) The areas of special flood hazard are those identified by the Federal Emergency Management Agency in its Flood Hazard Boundary Map or Flood Insurance Study and Flood Insurance Rate Maps for the City of Hickory, dated December 8, 1998, which with accompanying maps and other supporting data, and any revision thereto, including Letters of Map Amendments or Revision, are adopted by reference and declared to be a part of this Article. (b) The Areas of Special Flood Hazard also include those defined through standard engineering analysis for private development or by governmental agencies, but which have not yet been incorporated in the Flood Insurance Rate Map. This includes detailed flood information generated as a requirement of this article. (c) Upon annexation to the City of Hickory, or inclusion in the city's extraterritorial jurisdiction, the Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its Flood Hazard Boundary Map or Flood Insurance Study and Flood Insurance Rate Maps for Catawba, Burke and Caldwell Counties, along with accompanying maps and other supporting data, and any revisions thereto, including Letters of Map Amendments or Revision, are adopted by reference and declared to be a part of this Article. 12.1.7 Warning and Disclaimer of Liability The degree of flood protection provided by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City of Hickory or by any officer or employee thereof for any flood damages that 308 Hickory I Land Development Code May 22, 2003 Edition 40 ' Article 12 1 Flood Protection Sec. 12.2 1 Definitions ' result from reliance on this article or any administrative decision lawfully made hereunder. ' Sec. 12.2 j Definitions Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most ' reasonable application. The definitions of this section shall be used solely for the purpose of interpreting and administering the Flood Protection provisions of this article. Uierillr�.t ppeal A request for a review of the Planning Director's interpretation lof any provision of this article. Addition (to an existing Any walled and roofed expansion to the perimeter of a building building) in which the addition is connected by a common load -bearing all other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter load -bearing walls is new construction. [Area of shallow flooding designated AO or VO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to 3 feet here a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where elocity flow may be evident. Area of special flood hazard The land in the floodplain within the Hickory Regional Planning Area subject to a one percent or greater chance or being equaled or exceeded in any given year. Base flood he flood having a one percent chance of being equaled o exceeded in any given year. Basement That lowest level or story which as its floor subgrade on all sides. Breakaway wall A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to he elevated portion of the building or the supporting foundation system. A breakaway wall shall Have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. A wall with loading resistance of more than 20 pounds per square foot requires a professional engineer or architect's certificate. Building Any structure built for support, shelter or enclosure for any loccupancyor storage. Development Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 1 4 Hickory I Land Development Code May 22, 2003 Edition 1 309 Article 12 1 Flood Protection Sec. 12.2 1 Definitions IN Elevated building A non -basement building: 1. built, in the case of a building in Zones Al-A30, AE, A, 99, AO, AH, B, C or X to have the top of the elevated floor, o in the case of a building in Zones V1-V30, VE or V to have the „ bottom of the lowest horizontal structural member of the elevated floor above the ground by means of pilings, columns (posts and piers), shear walls parallel to the flow of water; and 2. adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude o the base flood. In the case of Zones Al-A30, AE, A, A99, AO, H, B, C, and X, "elevated building" also includes a building elevated by of fill or solid foundation perimeter walls with opening sufficient to facilitate the unimpeded movement o flood waters. In the case of Zones V1430, VE or V, "elevated building" also includes a building otherwise meeting the - definition of "elevated building" even though the area below is enclosed by means of breaking away walls if the breakaway walls meet the standards of Sec. 12,4.2(e). Existing manufactured home A manufactured home park or subdivision for which the park or manufactured home construction of facilities for servicing the lots on which the subdivision manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before [insert effective date of city's flood hazard prevention re s]. Expansion to an existing manufactured home park or the preparation of the additional sites by the construction o facilities for servicing the lots on which the manufactured subdivision homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the ,pou6ng of concrete slabs). Flood or flooding a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. the overflow of inland or tidal waters; and, 2. the unusual and rapid accumulation of runoff of surface aters from any source. Flood Hazard Boundary Map n official map of a community, issued by the Federal (FHBM) Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. Flood Insurance Rate Map An official map of a community on which the Federal (FIRM) Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood. 310 Hickory I Land Development Code May 22, 2003 Edition 1 ' Article 12 1 Flood Protection Sec. 12.2 1 Definitions Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or slab construction or top of wood flooring in wood frame construction. The term does not include the floor or a garage used solely for parking vehicles. Functionally Dependent Facility A facility which cannot be used for its intended purposes unless it is located or carried out in close proximity of water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities, The term does not include long-term storage, manufacturing, sales or service facilities. Highest Adjacent Grade The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. Historic Structure Any structure that is: 1. listed individually in the National Register of Historic Places (a listing maintained by the US Department o Interior) or preliminarily determined by the Secretary o Interior as meeting the requirements for individual listing on the National Register; 2. certified or preliminarily determined by the Secretary o Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. individually listed on a state inventory of historic places; or 4. individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified: (a) by an approved state program as determined by the Secretary of Interior, or (b) directly by the Secretary of Interior in states without approved programs. Levee A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow o water so as to provide protection from tempora floodin . Lowest Floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor provided that such an enclosure is not built so as to render the structure in violation of the applicable non -elevation desi n requirements of this Land Development Code. Hickory I Land Development Code May 22, 2003 Edition Article 12 1 Flood Protection Sec. 12.2 I Definitions T,erm�';:;t�v�'• •a.•�,„{��.yc,�..gx�a= ,..—�T.. _J.VI' r. �cSl ©efinition��=`' �. ,`'�,� tip,"}+a��.�:=Y�;� E��k=�,g..,�; �f�,t{..,,���. V J �n � 9r.%' _'R .. N:. . • �EL`!�� �. {`Mt n.Y11 }.: _ � ;{.4ila.v�a t4+.:'/ Manufactured Home structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle." Manufactured Home Park o parcel (or contiguous parcels) of land divided into two or Subdivision more manufactured home lots for rent or sale. Mean Sea Level he average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this article, the term is synonymous with National Geodetic Vertical Datum NGVD . National Geodetic Vertica A vertical control used as a reference for establishing varying Datum (NGVD} elevations within the flood lain. New Construction Structures for which the "start of construction" commenced on or after [insert effective date of city's flood hazard prevention regs] and includes any subsequent improvements to such structures. New Manufactured Home Park A manufactured home park or subdivision for which the or Subdivision construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs) is completed on or after [insert effective date of city's flood hazard prevention re s]. Nonconforming Building or Use Any legally existing building or use that fails to comply with the Vrovisions of this article. Recreational Vehicle A vehicle which is: 1. built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projections; 3. designed to be self-propelled or permanently towable by a light duty truck; and 4. designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Remedy a Violation To bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this article o otherwise deterring future similar violations or reducing federal financial exposure with regard to the structure or other -development. 312 Hickory I Land Development Code May 22, 2003 Edition I I Article 12 i Flood Protection Sec. 12.2 I Definilions 61, IT Start of Construction (for other The date the building permit was issued, provided the actual than new construction or start of construction, repair, reconstruction, rehabilitation, substantial improvements) addition or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of the under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement building, whether or not that alteration affects the external dimensions of the building. The term includes "substantial improvement." Structure A walled and roofed building, a manufactured home, including a gas or liquid storage tank, or other manmade facilities or infrastructures that are principally above ground. Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. See definition of "substantial improvement." Substantial Improvement Any repair, reconstruction, rehabilitation, addition, or other improvements of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either: 1. any project of improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. I + Hickory I Land Development Code May 22, 2003 Edition 313 Article 12 1 Flood Protection Sec. 12.3 1 Administration 5 r.....w.*•t.:�r�n�...ut..[I�k4ei.�..±..&v— ...j{.. ..a.3.a .?�AN'.'i�s'- Substantially improved existing Where the repair, reconstruction, rehabilitation or improvement manufactured home park or of the streets, utilities and pads equals or exceeds 50 percent subdivision of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance A grant of relief to a person from the requirements of these regulations which permits construction in a manner otherwise prohibited by these regulations where specific enforcement would result in unnecessary hardship. Violation The failure of a structure or other development to be fully compliant with the City of Hickory and Hickory Regional' Planning Area's floodplain management regulations. A structure or other development without the elevation certificate, Cher certifications, or other evidence of compliance required in Sec. Sec. 12.3 and Sec. Sec. 12.4 is presumed to be in violation until such time as that documentation is provided. Sec. 12.3 1 Administration 12.3.1 Designation of Local Administrator The Planning Director is hereby appointed to administer and implement the provisions of this article. 12.3.2 Development Permit and Certification Requirements Application for a development permit shall be made to the Zoning Administrator on forms provided by the Planning Director prior to any development activities. The development permit may include, but not be limited to, plans in duplicate drawn to scale showing: the nature, location, dimensions and elevations of the area in question; existing or proposed structures and the location of fill materials; storage areas and drainage facilities. Specifically, the following information is required: (a) Where base flood elevation data is provided in accordance with Sec. 12.3.30), the application for a development permit within the Zone A on the Flood Insurance Rate Map shall show: (1) the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures, and (2) if the structure has been flood -proofed in accordance with Sec. 12.4,2(b), the elevation (in relation to mean sea level) to which the structure was flood - proofed. (b) Where the base flood elevation data is not provided, the application for a development permit must show construction of the lowest floor at least 2 feet above the highest adjacent grade. (c) Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include: a description of the extent of watercourse alteration or relocation, an engineering report on the effects of the proposed project on the flood -carrying capacity of the watercourse and the effects to properties located both upstream and downstream, and a map showing the location of the proposed watercourse 314 Hickory I Land Development Code May 22, 2003 Edition 11 11 11 11 11 1 J ' Article 12 1 Flood Protection Sec. 12.3 1 Administration ' alteration or relocation. (d) When a structure is flood -proofed, the applicant shall provide a certificate from a registered professional engineer or architect that the nonresidential flood - proofed structure meets the flood -proofing criteria in Sec. 12.4.2(b). (e) A floor elevation or flood -proofing certification is required after the lowest floor is ' completed. Within 21 calendar days of establishment of the lowest floor elevation, or flood -proofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the Planning Director a certification of the elevation of the lowest floor, or flood -proofed ' elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood ' proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done within the 21-day calendar period and prior to submission of the certification ' shall be at the permit holder's risk. The Planning Director shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop -work order for the project. 12.3.3 Duties and Responsibilities of the Planning Director ' Duties of the Planning Director shall include, but not be limited to, the following: (a) reviewing all development permits to assure that the requirements of this article have been satisfied; (b) advising the permittee that additional federal or state permits may be required, and if specific federal, or state permits are known, require that copies of such ' permits be provided and maintained on file with the development permit; (c) notifying adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State ' Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; ' (d) assuring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished; ' (e) preventing encroachments within floodways unless the certification and flood hazard reduction provisions of Sec. Sec. 12.4 are met; (f) obtaining actual elevation (in relation to mean sea level) of the lowest floor ' (including basement) of all new or substantially improved structures, in accordance with Sec. 12.3.2(e); (g) obtaining the actual elevation (in relation to mean sea level) to which the new or ' substantially improved structures have been flood -proofed, in accordance with Sec. 12.3.2(e); (h) when flood -proofing is utilized for a particular structure, obtaining certifications Hickory I Land Development Code May 22, 2003 Edition 1 315 316 Article 12 1 Flood Protection Sec. 12.3 1 Administration from a registered professional engineer or architect in accord with Sec. 12.4.2(b); (i) when interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), making the necessary interpretation; Q) when base flood elevation data or floodway data has not been provided in accordance with Sec. 12.3.2, obtaining, reviewing and reasonably utilizing any base flood elevation data and floodway data available from a federal, state or other source, including data developed pursuant to Sec. 12.4.4(d), in order to administer the provisions of this article; (k) making on -site inspections of projects in accordance with Sec. 12.3.4; (1) serving notice of violations, issuing stop -work orders, revoking permits and taking corrective actions in accordance with Sec. 12.3.4; (m)maintaining all records pertaining to the administration of this article and making these records available for public inspection; and (n) providing the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program with 2 copies of the maps delineating new corporate limits within 6 months of date of annexation or change in corporate boundaries. 12.3.4 Inspections, Violations and Enforcement (a) Inspections of Work in Progress As the work pursuant to a permit progresses, the Planning Director shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of this article and the terms of the permit. In exercising this power, the administrator has a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action. (b) Stop -Work Orders Whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of this article, the Planning Director may order the work to be immediately stopped. The stop -work order shall be in writing and directed to the person doing the work. The stop -work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop -work order constitutes a misdemeanor. (c) Revocation of Permits The Planning Director may revoke and require the return of the development permit by notifying the permit holder in writing stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked. Hickory I Land Development Code May 22, 2003 Edition Article 12 1 Flood Protection Sec. 12.3 1 Administration ' (d) Periodic Inspections The Planning Director shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the ' department at any reasonable hour for the purposes of inspection of other enforcement action. (e) Violations to be Corrected When the Planning Director finds violations of applicable state and local laws, the Planning Director shall notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the ' violations. (f) Actions in Event of Failure to Take Corrective Action If the owner of a building or property fails to take prompt corrective action, the ' Planning Director shall give written notice, by certified mail, registered mail or personal service, to the owner's last known address. The notice shall state: (i) that the building or property is in violation of the Flood Protection regulations of this article; (2) that a hearing will be held before the Planning Director at a designated place and time, not later than 10 days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and (3) that following the hearing, the Planning Director may issue such order to alter, vacate, or demolish the building; or to remove fill as appears appropriate. ' (g) Order to Take Corrective Action If, upon a hearing held pursuant to the notice prescribed above the Planning Director shall find that the building or development is in violation of the Flood ' Protection regulations, the Planning Director shall make an order in writing to the owner, requiring the owner to remedy the violation within such period, not less than 60 days, the Planning Director may prescribe; provided that where the Planning Director finds that there is imminent danger to life or other property, ' the Planning Director may order that corrective action be taken in such lesser period as may be feasible. (h) Appeals Any owner who has received an order to take corrective action may file an appeal from the order to the Superior Court by giving notice of appeal in writing to the Planning Director and the City Clerk within 10 days following issuance of the final order. In the absence of an appeal, the order of the Planning Director shall be final. The Hickory City Council shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. ' (i) Failure to Comply With Order If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with ' an order of the Hickory City Council following an appeal, the owner shall be guilty of a misdemeanor and shall be punished in the discretion of the court. (j) Penalties for Violation Hickory I Land Development Code May 22, 2003 Edition 1 317 318 Article 12 1 Rood Protection Sec. 12.3 I Administrotion Penalties for violations of the provisions of this article may be assessed in accordance with the provisions of Article 16. 12.3.5 Waivers (a) The Hickory City Council shall hear and decide requests for waivers and partial waivers from the requirements of this article. (b) Any person aggrieved by the decision of the Hickory City Council may appeal such decision to the courts, as provided in Chapter 7A of the North Carolina General Statutes. (c) Waivers may be issued for the repair or rehabilitation of historic structures upon the City Council's determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the waiver is the minimum necessary to preserve the historic character and design of the structure. (d) In passing upon such applications, the Hickory City Council shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article and: ' (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger to life and property due to flooding or erosion damage; (3) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) the importance of the services provided by the proposed facility to the community; (5) the necessity to the facility of a waterfront location, where applicable; (6) the availability of alternative locations, not subject to flooding or erosion damage for the proposed use; (7) the compatibility of the proposed use with existing and anticipated development; (8) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) the safety of access to the property in times of flood for ordinary and emergency vehicles; (10) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (e) Upon consideration of the factors listed above and the purposes of this article the Hickory City Council may attach such conditions to the granting of waivers as Hickory I Land Development Code May 22, 2003 Edition Article 12 1 Flood Protection Sec. 12.4 1 Flood Hazard Reduction Standards it deems necessary to further the purposes of this article. (f) Waivers shall not be issued within any designated floodway if any increase in flood Levels during the base flood discharge would result. (g) Limitations on Waivers (1) Waivers may not be issued when the waiver will make the structure in violation of other federal, state or local laws, regulations or ordinances. (2) Waivers shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief. (3) Waivers shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the waiver would result in exceptional hardship; and (iii) a determination that the granting of a waiver will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (4) Any applicant to whom a waiver is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all waiver action. (6) The Planning Director shall maintain the records of all appeal actions and report any waivers to the Federal Emergency Management Agency upon request. Sec. 12.4 1 Flood Hazard Reduction Standards 12.4.1 General Standards The general standards of this subsection shall apply in all areas of special flood hazard. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure; (b) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (c) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages; (d) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (e) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (f) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; 4 Hickory I Land Development Code May 22. 2003 Edition 319 Article 12 1 Flood Protection Sec. 12.4 1 Flood Hazard Reduction Siordcrds (g) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and (h) Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this article, shall meet the requirements of "new construction" as contained in this article. (i) Nonconforming buildings or uses may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this article. Provided, however, nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this article and located totally or partially within the floodway zone, provided that the bulk of the building or structure below base flood elevation in the floodway zone is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this article. 12.4.2 Specific Standards The standards of this subsection shall apply in all areas of special flood hazard where base flood elevation data -has been provided, as set forth in Sec.12.1.6 or Sec. 12.3.30). (a) Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than 2 feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movement of floodwaters shall be provided. (b) Nonresidential Construction New construction or substantial improvement of any commerciai, industrial, or nonresidential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than 2 feet above the level of the base flood elevation. Structures located in A -Zones may be flood -proofed in lieu of elevation provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied_ Such certification shall be provided to the Planning Director as set forth in Sec. 12.3.2(e). (c) Manufactured Homes (1) Manufactured homes that are placed or substantially improved on sites (i) outside a manufactured home park or subdivision; (ii) in a new manufactured home park or subdivision; (iii) in an expansion to an existing manufactured home park or subdivision; or, (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated no lower than 2 feet above the base flood elevation and be securely anchored to an adequately 320 Hickory I Land Development Code May 22, 2003 Edition ' Article 12 1 Flood Protection Sec. 12.4 1 Flood Hazard Reduction Standards anchored foundation system to resist flotation, collapse, and lateral movement. (2) Manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of paragraph (1) above must be elevated so that the lowest floor of the manufactured home is elevated no lower than 2 feet above ' the base flood elevation and be securely anchored to an adequately anchored foundation to resist flotation, collapse and lateral movement. (3) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. For the purpose of this requirement, manufactured homes must be anchored to resist flotation, collapse, or lateral movement in accordance with the Regulations for Mobile Homes and Modular Housing adopted by the Commissioner of Insurance pursuant to NCGS 143.143.15. Additionally, when the elevation would be met by an elevation of the chassis at least 36 inches or less above the grade at the sight, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength. When the elevation of the chassis is above 36 inches in height, an engineering certification is required. (4) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Planning Director and the local Emergency Management Coordinator. (d) Recreational Vehicles ' A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no permanently attached additions. Recreation vehicles placed on sites shall either: (1) be on site for fewer than 180 consecutive days; (2) be fully licensed and ready for highway use; or ' (3) meet the requirements of Sec. 12.3.2, 12.3.3, and 12.3.4(c). (e) Elevated Buildings ' New construction or substantial improvements of elevated buildings that include fully enclosed areas that are usable solely for the parking of vehicles, building' access or storage in an area other than a basement and which are subject to ' flooding shall be designed to preclude finished living space and be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. (1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all openings shall be no higher than one foot above grade; and (iii) openings may be equipped with screens, louvers, valves, or other Hickory I Land Development Code May 22, 2003 Edition 321 322 Article 12 1 Flood Protection ' Sec. 12.4 1 Flood Hazard Reduction Standards coverings or devices provided they permit the automatic flow of floodwaters in both directions. ' (2) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connecting with the premises (standard exterior door) or entry to the living area (stairway or elevator). (3) The interior portion of such enclosed area shall not be partitioned or finished ' into separate rooms, except to enclose storage areas. (f) Temporary Structures Prior to the issuance of a development permit for a temporary structure, the following requirements must be met: (1) All applicants must submit to the Planning Director a plan for the removal of such structure in the event of a hurricane or flash flood notification. The plan must include the following information: a. . the name, address and phone number of the individual responsible for the removal of the temporary structure; b. the time frame prior to the event at which a structure will be removed; c. a copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed; and d. designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved. (2) The above information shall be submitted in writing to the Planning Director for review and written approval. ' (g) Accessory Structure When accessory structures (sheds, detached garages, etc.) with a value of $3,000 or less are to be placed in the floodplain, the following criteria shall be met: (1) Accessory structures shall not be used for human habitation; , (2) Accessory structures shall be designed to have low flood damage potential; (3) Accessory structures shall be firmly anchored in accordance with Sec. 12.4.1(a); and (4) Service facilities, such as electrical and heating equipment shall be elevated in accordance with Sec. 12.4.1(d). ' (h) Floodways Located within areas of special flood hazard are areas designed as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris and potential projectiles and has erosion potential. The following provisions shall apply within such areas. (1) No encroachments, including fill, new construction, substantial improvements and other developments, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in Hickory I Land Development Code May 22, 2003 Edition 1 ' Article 12 1 Flood Protection Sec. 12A 1 Flood Hazard Reduction Standards ' accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the Planning Director. (2) If Sec. 12.4.3(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sec. 12.4. (3) No manufactured homes shall be permitted, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and the elevation standards of Sec. 12.4.2(c). ' 12.4.3 Streams Without Established Base Flood Elevations andfor Floodways Located within the areas of special flood hazard are small streams where no base flood data has been provided or where no floodways have been identified. The following provisions apply within such areas: t(a) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of the stream bank equal to 5 times the width of the stream at the top of the bank or twenty feet each side from top of bank, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the ' occurrence of the base flood discharge. (b) If Sec. 12.4.3(a) is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such ' areas shall comply with all applicable flood hazard regulation provisions of Sec. Sec. 12.4 and shall be elevated or flood -proofed in accordance with elevations established in accordance with Sec. 12.3.30). When base flood elevation data is ' not available from a federal state or other source, the lowest floor, including basement, shall be elevated at least 2 feet above the highest adjacent grade. 12.4.4 Standards for Subdivision Proposals ' (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and ' (d) Base flood elevation data shall be provided for all subdivision proposals located within an "Area of Special Flood Hazard." 12.4.5 Standards for Areas of Shallow Flooding (AO Zones) ' Located within the areas of special flood hazard are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the 1 4 Hickory I Land Development Code May 22, 2003 Edition 323 Article 12 1 Flood Protection Sec. 12.4 1 Flood Hazard Reduction Standards path of flooding is unpredictable and indeterminate. The following provisions shall apply within such areas. (a) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least 2 feet above the highest adjacent grade. (b) All construction and substantial improvements of nonresidential structure shall: (1) have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least 2 feet above the highest adjacent grade; or be completely flood -proofed together with attendant utility and sanitary facilities to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 324 Hickory I Land Development Code May 22, 2003 Edition 2/ Sec. 13.1 1 Purpose and Sco 13.1.1 The regulations of this article are intended to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased storm water runoff associated with future land development with consideration for existing developed land within the City of Hickory. Proper management of storm water runoff will mini- mize damage to public and private property, reduce personal damage and bodily harm, insure a functional drainage system, reduce the effects of development on land and stream channel erosion, assist in the attainment and maintenance of water quality standards, enhance the local environment associated with the drain- age system, reduce local flooding, maintain as nearly as possible the pre -de- veloped runoff characteristics of the area, and facilitate economic development while mitigating associated flooding and drainage impacts. 13.1.2 The application of these regulations and the provisions expressed in this article shall be the minimum storm water management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute. In addition, if site characteristics indicate that complying with these minimum require- ments will not provide adequate designs or protection for local property or resi- dents, it is the designer's responsibility to exceed the minimum requirements as necessary. The City Engineer or designee shall be responsible for the coordination and enforcement of the provisions of this section. 13.1.3 Reference is hereby made to the City's Watershed Protection Overlay District requirements contained in Sec. 5.6. This Storm water Management Section is intended to complement the Watershed Protection Overlay District and not to replace or alter it in any way. The converse holds true for the Watershed Protection Overlay District. 13.1.4 No person shall improve property by constructing buildings or structures or by increasing the imperviousness of land without having provided for appropriate storm water management measures that control or manage runoff, in compliance with this Section. 13.1.5 No person shall discharge non -storm water into the Municipal Separate Storm Sewer System with the exception of the following; (a) water line flushing; (b) landscape irrigation; (c) diverted natural stream flows; (d) rising ground waters; (e) ground water infiltration to storm sewers; (f) pumped ground water; (g) discharges from potable water sources; (h) foundation drains; Hickory I Land Development Code May 22, 2003 Edition 325 326 Article 13 1 Storm water Sec. 13.2 1 Definitions (i) air conditioning condensation; 0) irrigation water; (k) springs; (1) water from crawl space pumps; (m)footing drains; (n) lawn watering; (o) non-commercial car washing; (p) flows from riparian habitats and wetlands; (q) dechlorinated swimming pool discharges; (r) street wash waters; and (s) discharges from fire fighting activities. 13.1.6 If any of the above non -storm water exceptions are found to be polluted and thus cause a negative impact on the quality of the surface waters of Hickory, said situation or occurrence shall be deemed unlawful and shall not be allowed to discharge to the Municipal Separate Storm Sewer System. Such situation or occurrences shall be considered an illicit connection or improper disposal as defined in this Section. Sec. 13.21 Definitions Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. The definitions of this section shall be used solely for the purpose of interpreting and administering the Storm water Management provisions of this article. Terrn'• ., ,�-rt� 1• _ ' = - � •Definition;- +'TM- -- �` 4 , , _ .� - -,;x` - -.-•�� • r ` '.` , �`.�=.`� ;� As -built plan The certified construction plans with any changes i identified and shown on the plan as constructed. City of Hickory j All area within the City including the extraterritorial i li planning jurisdiction, "ETJ". -City Engineer �I The City Engineer of Hickory or his designee. W �' Cq Manager The City Manager of Hickory, North Carolina. Cross -drain culvert-� A culvert crossing under a public roadway._ g Desi ner li ed to pre .,,,,.,.. a _ p p t p pare plans and I A prose sio red by this ordinance. J Detention structure - _ FA permanent structure for the temporary storage of runoff ; l that is designed so as not to create a permanent pool of water. ' Development _ - i Any of the following actions undertaken by a public or private individual or entity: any land change, including, i dredging, grading, excavating, transporting and filling of , land, and increasing the imperviousness of land. ; Hickory I Land Development Code May 22, 2003 Edition 1 Article 13 1 Storm Water Management Sec. 13.2 1 Definitions TER 1- 11 Developed land use conditions e land use conditions according to the current city zoning map or proposed development plan. Easement A grant or reservation by the owner ii_Fa�_cFEW the use of i such land by others for a specific purpos6 or purposes, and which must be included in the title conveyance of land affected by such easement. Erosion The process by which ground surface is worn away y the action of wind and/or water. Existing land use condition The land use conditions existing �t�t � time the design -plans are submitted for approval, Hydraulic study A study of water flowing through conveyance systems including pipes, open channels, culverts, storage facilities, or any elements of the drainage system. Hydrologic study A study that documents� the flow calculations needed to estimate flood magnitudes. The primary information from a hydrologic study will be peak flow values and/or hydrographs needed to characterize storms for a particular Illicit connection [Any con'n6ction to the municipal separate storm sewer which discharges non -permitted non -storm water to the --]I municipal separate storm sewer astem. impervious The condition of being impenetrable by water. Imperviousness The degree to which a site is impervious. precipitation at a location where the matter or fluid can enter the municipal separate storm sewer system. I _nfi ltr�tion The passage or movement of water into the soil sub - i A culvert that is not located under a public roadway. Maintenance Any action necessary to preserve st o rm water management facilities in proper working condition, in order to serve the intended purposes set forth in paragraph i 9.12.1 (a) of this Section and to prevent structural failure of such facilities. Maintenance shall not include actions taken solely for the purpose of enhancing the aesthetic aspects associated with storm water management _M_U_i�1_c'lpal separate storm sewer A conveyance or system of conveyances (including roads system with drainage systems, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is maintained by the City of Hickory, is generally in a dedicated public right of way, and is designed or used for the collection or conveying of storm water. This does not include a privately owned or operated conveyance or system of conveyances. Hickory | Land Development Code May 22,2003Edition Article 13 1 Storm Water Management Sec. 13.2 1 Definitions rx 6 N F, A- Ti _- 3Z k- D i IN 6 i t ll 4 n-W j 0 QN; �-A %-: � 0 i'SM ZTFI� i on -storm water .-;k— the municipil-"se'-p--a--r-at-'e--! ny flo%�_that_ i-si" discharged to storm sewer system that is not from a form of natural precipitation. On -site storm water management The design and construction of a facility or facilities necessary to control storm water runoff within and for a single develg2nent. Pre -developed conditions Those land use conditions that were existing on the site prior to development, when the site was in its natural undisturbed condition. Preliminary plat The preliminary plat of a subdivision submitted pursuant to the Subdivision Regulations. Regulated Flood Plain Those flood plain areas designated by the Federal Emergency Management Agency (FEMA) and included in the City of Hickory Floodway and Floodway Fringe Zoning Regulations and County FEMA maps which apply to Hickoy's Extraterritorial Jurisdiction. Retention structures A permanent structure that provides for the storage of runoff and is designed to maintain a permanent pool of water. FStorm water Water resulting from naturally occurring precipitation al�c_F shall include rain, snow melt and surface runoff and I drainage. r concept plan he overall proposal for a storm drainage system, including storm water management structures as necessa!Y. [—storm water design plan The set of drawings and other documents that comprise all of the information and specifications for the drainage systems, structures, concepts and techniques that will be used to control storm water as required by this ordinance and the Manual of Practice. Also included are the supporting engineering calculations and results of any 1 compute� analysis. Storm water management [The collection, conveyance, storage, treatment and' disposal of storm water runoff in a manner to minimize accelerated channel erosion, increased flood damage, and/or degradation of water quality and in a manner to i enhance and ensure the public health, safety, and general welfare. torm er management I Those structures and facilities that are designed for the facilities collection. conveyance, storage, peak flow reduction, Itreatment and disposal of storm water runoff into and i through the drainage system. torm water Control Facilities Those structures and facilities that are designed for storage and peak flow reduction of storm water runoff into and through the drainage system. 328 Hickory I Land Development Code May 22, 2003 Edition 0 Article 13 1 Storm Water Management Sec. 13.3 1 Warning And Disclaimer Of Liability. ' Sec. 13.3 1 Warning And Disclaimer Of Liability. 13.3.1 The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. 13.3.2 On rare occasions greater floods can and will occur, and flood heights may be increased by man-made or natural causes. This chapter does not imply that land ' outside the floodplain areas or uses permitted within such areas will be free from flooding or flood damages. 13.3.3 This chapter shall not create liability on the part of the City or any officer or ' employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. ' Sec. 13.4 Storm Water Concept And Design Plans 13.4.1 Storm Water Concept Plans Storm water concept plans are generalized plans illustrating existing drainage patterns affecting the subject property, how storm water is going to be managed on site, how water is going to be conveyed off -site and what erosion control measures are going to be taken during and following site development. ' (a) A storm water concept plan shall be required for all developments changing the existing characteristics of storm water runoff from a site including single-family construction and shall be submitted for review to the City prior to initiating development as defined herein. A storm water concept plan is optional for any development requiring a storm water design plan. (b) The storm water concept plan will be reviewed within 2 working days after submittal. It will either be approved, approved with changes, or rejected. if reject- ed, changes, additional analysis, or other information needed to approve the next submittal of the concept plan shall be identified. 13.4.2 Storm Water Design Plans Projects requiring an Erosion Control Permit or greater than 10,000 square feet in the Watershed Protection Overlay Area shall also require a storm water design plan. Storm water design plans are intended to ensure that the effects of increased 1 impervious areas on storm water are addressed in the project design. Generally, storm water design plans shall be required for non-residential development and multiple family residential development and subdivisions that require the installation of storm water management facilities. Storm water design plans are detailed plans, specifications and calculations as described herein illustrating how the storm water is going to be managed on the property including specific design information for all pipes, ditches, catch basins, retention ponds, detention ponds, siltation ponds and other storm water management structures and facilities. (a) Upon approval of the concept plan, the applicant shall submit a final storm water design plan (as part of the construction plans or Land Development Permit ' for subdivisions) to the City Engineer for review and approval; provided that the City Engineer may accept and submit into the review process a storm water con- cept plan if it identifies the location and type of facilities to be constructed and the City Engineer determines that a storm water design plan is not needed. If ' Hickory I Land Development Code May 22, 2003 Edition 329 �i 330 Article 13 1 Storm Water Management e Sec. 13.5 1 Permit requirements accepted under this provision, the storm water concept plan then becomes the storm water design plan for this development. ' (b) If any design plan involves any storm water management facilities or land to be dedicated to public use, the same information shall also be submitted for review and approval to any agency having jurisdiction over the land or other appropriate ' departments or agencies identified by the City Engineer for review and approval. This design plan shall serve as the basis for all subsequent construction. (c) The storm water design plan will be reviewed, if requested, with the designer at a scheduled review meeting within ten (10) working days after submittal_ It will then either be approved, approved with changes, or rejected. If rejected, changes, additional analysis, or other information needed to approve the next , submittal of the design plan shall be identified. (d) Within fifteen (15) days from and after the receipt of the final storm water design plan, the City Engineer shall issue a decision approving, rejecting or conditionally ' approving a plan with modification. (e) The construction of a single family dwelling on a single lot shall only be required to submit a concept plan. (This does not waive any sedimentation requirements enforced by the State of North Carolina.) Sec. 13.5 Permit requirements , 13.5.1 No one shall create or commence with land disturbance on parcels or development projects less than 1 acre without obtaining a grading permit from the City of Hickory. Applicable projects greater than one (1) acre shall be permitted in accordance with the State of North Carolina's erosion control requirements and the storm water design plan requirements contained in this section. ' 13.5.2 No grading permit shall be issued or modified without an approved storm water concept plan or storm water design plan, as appropriate. 13.6.3 No building permit shall be issued or modified without the following: (a) City approved grading permit if applicable. (b) State approved erosion control plan if -applicable. (c) An approved storm water design plan or storm water concept plan, as ' appropriate. (d) An executed inspection and maintenance agreement, if required, in accordance I with paragraph Sec. 13.14. (e) The approved storm water design plan shall contain certification by the applicant that all construction, development and drainage will be done according , to the storm water design plan or previously approved revisions. (f) In addition to the plans and permits required from the City, applicants shall obtain all county, State and Federal permits required for the proposed , development. Hickory I Land Development Code May 22, 2003 Edition 1 ' Article 13 1 Storm water Management Sec. 13.6 1 Inspections ' Sec. 13.6 1 Inspections The City Engineer shall inspect and approve all permitted sites prior to any building inspection being conducted on the site. ' Sec. 13.7 1 Fees Fees for inspections and other fees associated with this ordinance are determined by the City Council. Fee schedules can be obtained from the City Engineering Department. Sec. 13.8 1 Permit suspension and revocation ' 13.8.1 A grading permit may be suspended or revoked after a certified letter is sent to the owner or authorized representative stating that one of the following violations has been committed: (a) any violation(s) of the conditions of the storm water concept or design plan approval; ' (b) construction not in accordance with the approved plans; (c) non-compliance with correction notice(s) or stop work orders(s); or (d) the existence of an immediate danger in a downstream area in the judgment of the City Engineer. 13.8.2 A building permit may be suspended or revoked after a certified letter is sent to the owner or authorized representative stating that one of the following violations has been committed: (a) any violation(s) of the conditions of the storm water concept or design plan approval; (b) construction not in accordance with the approved plans; (c) non-compliance with correction notice(s) or stop work orders(s); or (d) the existence of an immediate danger in a downstream area in the judgment of the City Engineer. Sec. 13.9 Peak Flow Reducing Storm water Control Facilities Requirements ' 13.9.1 Generally, storm water control facilities shall be required for non-residential development and multiple family residential development as noted below. (a) The minimum peak flow reducing storm water control requirements shall provide control measures necessary to control velocities of flow from storm water management facilities to a level which will not cause erosion or other velocity related problems at the exit of all storm water management facilities and downstream. In addition, storm water control measures shall be provided to limit the 2-year and 10-year developed peak discharge rates to pre -developed peak discharge rates. The design of these facilities shall be based on guidelines contained in the Manual of Practice. t(b) The above requirements, or portions thereof, may be waived by the City Engineer if it can be shown by engineering calculations which are acceptable to the City Engineer that one of the following exists: Hickory I Land Development Code May 22, 2003 Edition 331 332 Article 13 1 Storm Water Management Sec. 13.10 1 Storm water management facilities (1) the installation of peak flow reducing storm water control facilities would ' have insignificant effects on reducing downstream flood peaks; or (2) peak flow reducing storm water control facilities are not needed to protect downstream developments; or ' (3) it is not necessary to install peak flow reducing storm water control facilities to control developed peak discharge rates at the exit to a proposed develop- ment and installing such facilities would increase 10-year flood peaks at some downstream locations; or (4) the City Engineer determines that peak flow reducing storm water manage- ment facilities are not needed to control developed peak discharge rates and installing such facilities would not be in the best interest of local citizens or the City. 13.9.2 The above requirements, or portions, thereof, may not be waived if the City , Engineer determines that not controlling downstream flood peaks would increase known flooding problems, or exceed the capacity of the downstream drainage system. 13.9.3 For all storm water control facilities, a hydrologic -hydraulic study shall be done showing how the drainage system will function with and without the proposed facilities. For such studies the following land use conditions shall be used: (a) For the design of the peak flow reducing facility outlet structure, use developed land use conditions for the area within the proposed development and existing use conditions for upstream areas draining to the facility. (b) For any analysis of flood flows downstream from the proposed facility, use existing conditions for all downstream areas. ' (c) All storm water management control facilities emergency spillways shall be checked using the 100-year storm and routing flows through the facility and emergency spillways. For these analyses, developed conditions shall be used for all areas within the analysis. Sec. 13.101 Storm water management facilities 13.10.1 Storm water management facilities may include both structural and nonstructural elements. Natural swales and other natural runoff conduits shall be retained where practicable. 13.10.2 Where additional storm water management facilities are required to satisfy the minimum control requirements, the following measures are examples of what may be used in their order of preference: (a) facilities designed to encourage overland flow, slow velocities of flow, and flow through buffer Zones. ' (b) infiltration practices; (c) storm water detention structures (dry basins); (d) storm water retention structures (wet ponds); i Hickory I Land Development Code May 22, 2003 Edition ' Article 13 1 Storm Water Management Sec. 13.11 1 Plan requirements ' (e) channel mitigation measures (i.e., upgrading downstream channel to convey addition runoff). 13.10.3 Where detention and retention structures are used, designs which consolidate these facilities into a limited number of large structures will be preferred over designs that utilize a large number of small structures. 13.10.4 Storm water concept/design plans can be rejected by the City Engineer if they incorporate structures and facilities that will demand considerable maintenance, will be difficult to maintain, or utilize numerous small structures if other alternatives are ' physically possible. 13.10.5 The drainage system and all storm water management facilities within the City (including both public and private portions) will be designed to the same ' engineering and technical criteria and standards. The City Engineering Department's review will be the same whether the portion of the drainage system will be under public or private control or ownership. ' 13,10.6 All storm water management facilities should be designed in accordance with the design guidance contained in the Manual of Practice, 13.10.7 All new culverts, bridge openings, or other openings in the drainage system shall be designed using developed land use conditions (as shown on current zoning maps) for upstream areas. ' Sec. 13.11 1 Plan requirements Storm water design plans shall include as a minimum the following: 13.11.1 Location, dimensions, elevations, and characteristics of all storm water management and control facilities. 13.11.2 Design plans for all subdivisions shall include delineation of all sub -basins and calculations for sizing all drainage ways, including pipes and ditches. For all 1 ditches, calculations shall be provided showing equivalent pipe sizes and driveway culvert sizes for each lot. 13.11.3 13.11.4 Storm water design plans shall include designation of all easements needed for inspection and emergency maintenance of the drainage system and storm water management facilities. As a minimum, easements shall have the following characteristics: (a) provide adequate access to all portions of the drainage system and structures; (b) provide sufficient land area for maintenance equipment and personnel to adequately and efficiently maintain the system with the following criteria: ' (1) a minimum of ten (10) feet on both sides of the centerline of piped systems thirty-six (36) inches in diameter and less, (2) a minimum of fifteen (15) feet on both sides of the centerline of piped systems greater than thirty-six (36) inches in diameter, 1 ■ 4Hickory I Land Development Code May 22, 2003 Edition 333 Article 13_1form Water Management ' Sec. 13.12 i Plan criteria (3) a minimum of ten (10) feet from top of bank along both sides of all drainage ways, streams, channels, etc., plus an additional fifteen (15) feet along one , side, and (4) a minimum of twenty-five (25) feet around the perimeter of all detention and retention facilities. This distance shall be measured from the top of the bank and toe of the dam, as appropriate. (c) Restriction on easements shall include prohibiting all fences without gates and structures that would interfere with access to the easement areas and/or the maintenance function of the drainage system. 13.11.5 A plan for maintenance of privately owned storm water management facilities shall ' be included as part of the storm water design plan which as a minimum shall specify: (a) Types of maintenance activities that should be anticipated so that the proposed ' drainage system and storm water management facilities will operate as designed. (b) The frequency and amount of maintenance that should be anticipated. (c) A planned maintenance schedule and checklist. (d) Identification of the owner(s) responsible for maintenance. 13.11.6 The storm water design plan shall include all engineering calculations needed to design the system and associated structures. Sec. 13.12 ] Plan criteria The hydrologic criteria to be used for the storm water concept and design plans shall be as follows: e 13.12.1 25-year design storm (minimum) for all cross -drainage facilities. 13.12.2 10-year design storm for all interior culverts and drainage designs, i.e., roadside , ditches, storm sewers, etc. 13.12.3 2- and 10-year design storms for all detention and retention basins using procedures contained in the Manual of Practice or procedures approved by the City Engineer. Check for 100-year storm in accordance with provision in paragraph Sec. 13.9. 13.12.4 All hydrologic analysis will be based on land use conditions as specified in paragraph 13.9.3. Sec. 13.13 1 Professional Licensure Requirements Storm water design plans that are incidental to the design of developments shall be prepared by a qualified licensed North Carolina Professional Engineer, Surveyor or Landscape Architect. ' Storm water control facilities shall be prepared by a qualified licensed North Carolina Professional Engineer, using acceptable engineering standards and practices. These requirements shall not apply to storm water concept plans. 334 Hickory I land Development Code May 22, 2003 Edition 1 ' Article 13 1 Storm Water Management Sec. 13.14 1 Inspection And Maintenance Sec. 13.14 1 Inspection And Maintenance 13.14.1 Ownership and maintenance of storm water management facilities ' (a) All storm water management facilities which are located on City right-of-ways will be maintained by the City. ' (b) Any storm water management facility which is located off of City right-of-way or otherwise not dedicated to the City and or accepted for maintenance by the City, shall be privately owned and maintained; provided, however, the owner thereof shall grant to the City, a perpetual, non-exclusive easement which allows for ' public inspection and emergency repair, in accordance with the terms of the maintenance agreement set forth in paragraph Sec. 13.17. ' (c) Where the storm water system is designed to service multiple lots and is not dedicated to the City, a homeowner's association or other City approved entity shall be created and shall be vested with the responsibility for the perpetual maintenance of the storm water system. Sec.13.15 1 Performance bond requirements Requirements related to performance bond requirements are contained in the City of Hickory Manual of Practice. Sec. 13.16 1 Inspection schedule and reports 13.16.1 Prior to the approval of the storm water design plan, the applicant shall submit a proposed staged inspection and construction control schedule. The design plan shall indicate a phase line for approval. Otherwise the inspection and construction control schedule will be for the entire drainage system. 13.16.2 No stage of work shall proceed until the preceding stage of work, according to the sequence specified in the _ approved staged inspection and construction control 1 schedule, is inspected and approved. 13.16.3 Any portion of the work that does not comply with the storm water design plan shall be promptly corrected by the permittee. 13.16.4 The permittee shall notify the City Engineer upon commencing any work to implement the storm water design plan and upon completion of the work. Sec. 13.17 1 Final inspection reports 13.17.1 The permittee shall provide an "as -built' plan certified by a registered professional (as outlined in Sec. 13.13) to be submitted upon completion of a storm water control facility and any other storm water management facilities dedicated to the City, 13.17.2 The registered professional shall certify to the City Engineer that: (a) the facility has been constructed as shown on the "as -built" plan and ' (b) the facility meets the approved storm water design plan and specifications or achieves the function for which it was designed. 13.17.3 A final inspection may be conducted by the City Engineer upon completion of the 1 Hickory I Land Development Code May 22, 2003 Edition t 335 336 Article 13 1 Storm Water Management Sec. 13.18 1 Maintenance agreement (privately owned facilities only) storm water management facility to determine if the completed work is constructed ' in accordance with the approved storm water design plan. 13.17.4 The City Engineer shall maintain a file of final inspection reports. Sec. 13.181 Maintenance agreement (privately owned facilities only) 13.18.1 A proposed inspection and maintenance agreement shall be submitted to the City Engineer for all private on -site storm water control facilities prior to the approval of ' the storm water design plan. Such agreement shall be in form and content acceptable to the City Attorney and shall be the responsibility of the private owner. Such agreement shall provide for access to the facility by virtue of a non-exclusive perpetual easement in favor of the City at reasonable times for inspection by the City Engineer. 13.18.2 The agreement shall provide that preventive maintenance inspections of infiltration ' systems, retention, or detention structures may be made by the City Engineer, at his/her option. Without limiting the generality of the foregoing, the City Engineer's inspection schedule may include an inspection during the first year of operation and once every two (2) years thereafter, except for regional facilities. 13.18.3 Inspection reports shall be maintained by the City Engineer. 13.18.4 The agreement shall provide that if, after an inspection, the condition of a facility , presents an immediate danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, the City shall have the right, but dot the duty, to take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the City shall be paid by the owners) as set forth in subsection f below. 13.18.5 The agreement shall be recorded by the owner in the appropriate Register of Deeds that has jurisdiction over the development prior to the final inspection and approval. 13.18.6 The agreement shall provide that the City Engineer shall notify the owners) of the facility of any violation, deficiency or failure to comply with this Ordinance. The agreement shall also provide that upon a failure to correct violations requiring main- tenance work, within ten (10) days after notice thereof, the City Engineer may provide for all necessary work to place the facility in proper working condition. The owners) of the facility shall be assessed the costs of the work performed by the City pursuant to this subsection and subsection 13.18.4 above and there shall be a lien on all property of the owner which property utilizes or will utilize such facility in achieving storm water management, which lien, when filed with the appropriate Register of Deeds that has jurisdiction over the development; shall have the same status and priority as liens for ad valorem taxes. Should such a lien be filed, por- tions of the affected property may be released by ,the City following the payments by the owner of such owner's pro-rata share of the lien amount based upon the acreage to be released with such release amount to be determined by the City ' Engineer, in his/her reasonable discretion. Sec. 13.19 1 Inspection for preventive maintenance (regional facilities only) 13.19.1 Preventive maintenance inspections of infiltration systems, retention or detention 1 Hickory I band Development Code May 22, 2003 Edition Article 13 1 Storm water Management Sec. 13.20 1 Maintenance of pre-existing storm water management facilities structures comprising regional public facilities shall be made by the City. The inspection schedule may include an inspection during the first year of operation and subsequent inspection at least once annually thereafter and after each major storm event as determined by the City Engineer. 13.19.2 Inspection reports shall be maintained by the City Engineer. Sec. 13.20 1 Maintenance of ore -existing storm water manactement facilities 13.20.1 All storm water management facilities located off City right-of-way areas in existence in the City and its Extraterritorial Planning Jurisdiction on the effective date of this Ordinance shall be maintained by the owner(s) thereof in such a manner as to maintain and enhance the public health, safety and general welfare in a manner to be assured that such facilities are safe and should not result in injury or harm to persons or property, to reduce and minimize damage to public and private property, to reduce and minimize the impact of such facilities on land and stream channel erosion, to assist in the attainment and maintenance of water quality standards, to reduce local flooding, and to maintain, as nearly as possible, the pre -development runoff characteristics of the area.. All such maintenance of such facilities shall be at the sole cost and expense of owner(s) thereof. 13.20.2 It shall be unlawful for the owner or the occupant of any property upon which is located a pre-existing storm water management facility, to fail to maintain such facility in such a manner that the facility creates a danger to the public health, safety and welfare. Should the owner fail to so maintain such facility, such failure shall constitute a public nuisance per se. The City Engineer shall be entitled to inspect all pre-existing storm water management facilities subject to this Ordinance at all reasonable times in order to determine compliance or non-compliance with the terms and provisions hereof. 13.20.3 Subject to the terms of subsection 6 below, the City Engineer shall provide written notice to the owner or the person in possession, charge or control of such property stating that in the judgment of the City Engineer the conditions existing upon the property constitute a nuisance, setting forth action to be taken to eliminate the objectionable conditions, and requesting that such action be undertaken within the number of days specified in the notice. The notice shall further state that unless the objectionable conditions are voluntarily removed or remedied within the time specified, the City Engineer will take the appropriate actions to eliminate the objec- tionable conditions and bill the property owner for all costs incurred. 13.20.4 The City Engineer is hereby directed to take all legal actions necessary to correct any nuisances including actions that are necessary to remove from the property such objectionable conditions constituting the nuisance and to charge the cost and expense thereof to the owner(s) or the person(s) in possession. 13.20.5 If the charges and costs provided for in subsection 4 above remain unpaid by the owner for a period of thirty (30) days after notice thereof to the owner of the property upon which such conditions existed, the City Manager shall cause an execution to be issued against the owner(s) of the property for those charges. The execution shall be a lien on the property and shall be a lien on all of the property of the defendant in execution from the date of such recording. 13.20.6 Nothing contained in the Ordinance shall impair the right or ability of the City Hickory I Land Development Code May 22, 2003 Edition 337 Article 13 1 Storm Water Management Sec. 13.21 1 variances Attorney to exercise any and all other remedies available, at law or in equity, including without limitation, the pursuit of injunctive relief, under emergency circum- stances where there exists the danger of bodily injury or death. 13.20.7 If the City assists or has assisted private owners with the design, supply and/or installation of storm water management facilities, this does not imply any maintenance responsibilities by the City. The maintenance of all such facilities shall be the sole responsibility of the property owner(s). Sec. 13.21 1 Variances 13.21.1 The Board of Adjustment may grant a variance from the requirements of this Section if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of the Section will result in unnecessary hardship and not fulfill the intent of the Section. 13.21.2 A written request for a variance shall be required and shall state the specific variance sought and the jurisdiction therefore. It shall include descriptions, drawings, calculations and any other information that is necessary to evaluate the proposed variance. 13.21.3 Any substantial variance from the storm water design or concept plan shall be referred to all agencies that reviewed the original plan. _Sec. 13.22 1 Appeals shall as provided in Sec. 2.12. 338 Hickory I Land Development Code May 22, 2003 Edition 11 1 III 4� 1 1 Sec. 16.1 1 Responsibility for Enforcement The Planning Director shall be responsible for enforcing this Land Development Code, except as otherwise expressly stated. Sec. 16.2 1 Violations Unless otherwise expressly allowed by this Land Development Code or state law, any violation of this Land Development Code, including but not limited to the following, shall be subject to the remedies and penalties provided for in this Land Development Code. 16.2.1 To use land or buildings in any way not consistent with the requirements of this Land Development Code; 16.2.2 To erect a building or other structure in any way not consistent with the requirements of this Land Development Code; 16.2.3 To engage in the development or subdivision of land in any way not consistent with the requirements of this Land Development Code. 16.2.4 To transfer title to any lots or parts of a development unless the land development plan or subdivision has received all approvals required and an approved plan or plat, if required, has been filed in the appropriate office; ' 16.2.5 To submit for recording, any subdivision plat, land division or other land development plan that has not been approved in accordance with the requirements of Sec. 2.4 or that does not qualify for an exemption under this Land Development Code; 16.2.6 To install or use a sign in any way not consistent with the requirements of 10.3.3. 16.2.7 To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one or more permits or approvals under this Land Development Code without obtaining all such required permits or approvals; 16.2.8 To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one or more permits under this Land Development Code in any way inconsistent with any such permit or approval or any conditions imposed thereon; 16.2.E To violate the terms of any permit or approval granted under this Land Development Code or any condition imposed on such permit or approval; 16.2.10 To obscure, obstruct or destroy any notice required to be posted or otherwise given under this Land Development Code; 16.2.11 To violate any lawful order issued by any person or entity under this Land Development Code; or 16.2.12 To continue any violation as defined above, with each day of continued violation to be considered a separate violation for purposes of computing cumulative civil or criminal penalties. I I+ Hickory I Land Development Code May 22, 2003 Edition 353 354 Article 16 1 Violations, Penalties and Enforcement I Sec. 16.3 1 Continuing violations Sec. 16.31 Continuing violations ' Each day that a violation remains uncorrected after receiving notice of the violation from the city shall constitute a separate violation of this band Development Code. Sec. 16.4 1 Liability The owner, tenant or occupant of any land or structure, or part thereof, or any architect, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this Land Development Code shall be held jointly and severally responsible for the violation and be subject to the penalties and remedies provided herein. Sec. 16.5 [ Remedies and Enforcement Powers The city shall have the following remedies and enforcement powers: 16.5.1 Withhold Permit (a) The Planning Director or Director of Planning and Development may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation ' of a provision of this Land Development Code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question. (b) The Planning Director may deny or withhold all permits, certificates or other , forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this Land Development Code or of a condition or qualification of a permit, certificate, approval or other authorization ' previously granted by the city. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation. For purposes of this section a person shall be defined as any individual ' or business entity with more than a 10% interest in the subject property. 16.5.2 Permits Approved with Conditions Instead of withholding or denying a permit or other authorization, the Planning Director may grant such authorization subject to the condition that the violation be corrected. 16.5.3 Revoke Permits ' Any permit or other form of authorization required under this Land Development Code may be revoked by the Planning Director when the Planning Director determines: (1) that there is departure from the plans, specifications, or conditions ' as required under terms of the permit, (2) that the development permit was procured by false representation or was issued by mistake, or (3) that any of the provisions of this Land Development Code are being violated. Where permits are mistakenly issued an applicant shall be entitled to appeal the revocation of the ' permit to the Board of Adjustment as a variance request. In such cases no fee shall be charged to process the request. Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed. Hickory 1 Land Development Code May 22, 2003 Edition ' Article 16 1 Violations, Penalties and Enforcement _ Sec. 16.6 1 Continuation of Previous Enforcement Actions ' 16.5.4 Stop Work Whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of this Land Development Code, the Planning Director may order the work to be immediately stopped. The stop -work order shall be in writing and directed to the person doing the work. The stop -work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the ' conditions under which the work may be resumed. Violation of a stop -work order shall constitute a misdemeanor. 16.5.5 Revoke Plan or Other Approval Where a violation of this Land Development Code involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Planning Director may, upon notice to the applicant and other known parties in interest {including any holders of building permits affected,} revoke the ' plan or other approval or condition its continuance on strict compliance with this Land Development Code, the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the ' Planning Director may reasonably impose. 16.5.6 Injunctive Relief The city may seek an injunction or other equitable relief in court to stop any violation of this Land Development Code or of a permit, certificate or other form of authorization granted hereunder. 16.5.7 Forfeiture and ' Confiscation of Signs Any sign installed or placed on public property, except in compliance with the regulations of Article 11, shall be subject to forfeiture to the public and subject to confiscation. In addition to other remedies and penalties of this section, the city ' shall have the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal. 16.5.8 Abatement ' The city may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation. ' 16.5.9 Penalties The city may seek such other penalties as are provided by North Carolina law. 16.5.1 p Other Remedies and Powers The city shall have such other remedies and enforcement powers as are and as may be from time to time provided by North Carolina law for the violation of zoning, subdivision, sign or related provisions. Sec. 16.6 1 Continuation of Previous Enforcement Actions Nothing in this Land Development Code shall prohibit the continuation of previous enforcement ' actions, undertaken by the city pursuant to previous and valid ordinances and laws. Sec. 16.71 Remedies Cumulative _ The remedies and enforcement powers established in this Land Development Code shall be cumulative, and the city may exercise them in any order. I Hickory I Land Development Code May 22, 2003 Edition 355 356 Article 16 1 Violations, Penalties and Enforcement Sec. 16.8 1 Persons Subject to Penalties Sec. 16.8 1 Persons Subiect to Penalties The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to the above penalties. Sec. 16.9 1 Enforcement Procedures 16.9.1 Non -Emergency Matters ' In the case of violations of this Land Development Code that do not constitute an emergency or require immediate attention, the Planning Director shall give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner hereafter stated, after which the persons receiving notice shall have 10 days to correct the violation before further enforcement action shall be taken. Notice shall be given in- ' person, by United States Mail, or by posting notice on the premises. Notices of violation shall state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent ' penalties and enforcement actions should the situation not be corrected. 16.9.2 Emergency Matters In the case of violations of this Land Development Code that constitute an emergency situation as a result of safety or public concerns or violations that will , create increased problems or costs if not remedied immediately, the city may use the enforcement powers available under this Land Development Code without prior notice, but the Planning Director shall attempt to give notice simultaneously with ' beginning enforcement action. Notice may be provided to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit. 16.9.3 Appeals Enforcement actions taken by the Planning Director may be appealed by the affected parry to the Board of Adjustment, except in the case of a violation of Article ' 9 or a permit or approval issued under the Subdivision Plat approval procedures of Sec. 2.4, in which case appeal shall be directly to the courts. An appeal to the Board of Adjustment does not stay a decision to revoke a certificate or permit. ' 16.9.4 Curative Provisions (a) Not withstanding any other provision of this Land Development Code, in the case where construction has been completed and either the setback requirements, minimum lot size, or lot width at the building line have been violated, and where a period of fifteen years has passed since: ' (1) A building permit has been issued, or (2) Construction of the structure has been completed, and (3) No legal action has been commenced in any court of competent jurisdiction ' to enjoin such construction or to cause removal of any such structure (b) In such case the City of Hickory shall not bring any proceeding or take any action to require the removal of any such structure. Provided the property owner shall have the burden of proving the applicability of this section. Hickory I Land Development Code May 22, 2003 Edition APPENDIX B CORRESPONDENCE APCHITICTS ENGINEyR$ "NNERS 14 March 2005 Mr. Allen Ratzlaff ' Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 1--ZEC I W, I MAR 1 5 2005 BY Re: Revised 201 Facilities Plan/EA for the Proposed Upgrade and Expansion of the City of Hickory's NE W WTP Log No. 4-2-04-91 HSMM Comm. No. 60492 Dear Mr. Ratzlaff: We received a copy of a letter from your office dated March 2, 2005 regarding possible impacts to the federally threatened dwarf -flowered heartleaf usually found in uplands, on the north - facing slopes of creeks and rivers. HSMM has revised the layout of the Hickory NE WWTP and associated buildings so that no construction will take place on the south side of Falling Creek which could impact the north -facing slopes of the creek. A phone call was placed on March 10, 2005 to Mr. Ratzlaff to discuss the changes. Enclosed is a revised drauring of the Hickory NE WWTP layout which depicts no construction activities on the south side of falling creek. Please review the information and forward any revised comments to Ms. Hannah Stallings of the Construction Grants and Loans Section of NCDENR. Thank you for your prompt attention to this matter. Sincerely, HSMM J - David J. DePratter, P.E. Project Manager Copy to: James.C. Tindall, P.E., HSMM Marty Watson, HSMM Project Files Hayes, Seoy, Mattern & Mattern, Inc. ARCHITECTS ENGINEERS PLANNERS ie5 (North Church Street PO Box 2646 Sportanburg SC 29304 TeIA64.585.0185 Fox:864.585.1504 vAAw.hsmm.com ' - -A :560 l FROM:HSMM 8645851504 FROM-Conctructian Grants And Loans I U = r l-U111;:J 1,-" 01ST156m T-033 P.001/002 F-534 1 11 0 North Carolina Wildlife Resources Commission 0 Richard $. Hamilta -' - March 9, 2005 Ms. Hannah Stallings Construction Grants and Loans 1633 Mail Service Ccnter Raleigh, North Carolina 27699-1633 Post i- i" Fax Note '7671 aa""D inl or Pe9a$" Z To -Do, v ,;A FYA! H COA)EPL PROne +� Phase N Fax it Fax d RE, City of Hickory 201 Facilities Plan and Environmental Assessment (FA) Revisions, Catawba County Dear Ms. Stallings: TWs conrespondcnee is in response to the revised 201 Plan submitred by your office for our review and comments. The North Carolina Wildlife Resources Commission (NCWRC) is authorized to comment and make recormncndations which relate to the impacts of this project on fish and wildlife through the Clean Water Act of 1977 and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended-, 16 U.S.C. 661-667d). Comments have been provided previously for the wastewater improvements proposed for the City of Hickory Northeast Wastewater Treatment Plant (WWTP) l A. After receiving this recent modification, we discussed our concerns with HSMM consultants. Based on these discussions with HSMM, it appears that cumulative and secondary impacts are not anticipated from activities proposed in the 201 Plan as effluent flow increases are not being anticipated or requested. We continue to be concerned about the use of gas chlorine or sodium hypoohlorite fen disinfection at the WWTP. Mr. Jonathan Hunt with HSMM provided additional information on. February 25, 2005 about the proposed modificadon concerning the use sodium hypochlorite as well as information about ozone and ultraviolet alternatives. HSMM has concerns about 1) the efficiency of non chemical alternatives due to characteristics of the waste stream and 2) alternate disinfection byproduct impacts. Our revievr of the additional information oA alt=ative disinfection processes stO leads us to believe that alternatives to chlorination are less damaging to aquatic communities than chlorine and de chlorination. Based on our review, it appears that there is little concern for ultraviolet procedures while morn eonecras are indicated for ozone byproducts. When comparing non chemical disird"ection to chlorine, non chemical impacts appear less significant. The toxicity of chlorine and its byproducts is well known. Concerning byproducts produced by alternate disinfection methods, we recommend that disinfection alternatives be thoroughly evaluated and compared with sodium bypochloritc byproducts_ Alternatives that work in the waste treatment train should be evaluated for cost effectiveness, safety, and aquatic impacts_ These comparisons should indicate how long-lived (persistence) and how significant these byproducts may be Vlai[ilag Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Tekpbane: (919) 733-3633 • Fax: (919) 715-7643 MOO-10-2005 THU Oe:2a TEL:8645851504 NAME:HSM P. 1 s � f 8:55A1d FRO -Censtruct"an Grants And Loan ,y .r 1 Hickory Northeast WWTP 2 I U; r 4uKGVl.G r; 3, � 6197155229 T-933 P.002/032 F-534 March 9, 2005 i relative to the characteristics of the WWTP effluent. Although, we are primarily conacrned with protecting the aquatic environment, these comparisons could evaluate human safety and human exposure to byproducts in receiving basins. Regardless, these comparisons should carefWly analyze and evaluate acute and chronic impacts to aquatic environments. In conclusion, we do not desire to postpone WWTP or collection system improvements so we will not object to the issuance of a Finding of No Significant Impact (FONSI) pm%,iding that alternative distnfcctioa processes are fully evaluated and modified if appropriate and cost ' effective. Any waste stream issues that preclude alternative disinActioa methods should be improved prior to increasing effluent flows at the WWTP. Additiaaally, all National Pollution Discharge Elimination System (NPDES) activities should follow all environmental permit ' conditions .required or specified by the NC Department of Environment and Natural Resources and the Division of Water Quality, Thank you for the opportunity to comment on this EA. If you have any questions regarding ' these comments, please contact me at 336-759-9453. Sincerely, Ron Linville Regional Coordittalor Habitat Conservation Program THU 09:28 TEL:8545851504 0 NAME. HLSf tM P. 2 -L-cL-&wJ ur:.airnl rrUh1-%.V15LfULLion uranU AnQ LOdnS VdA �0� 7,,�Q. q Al NUDENR r � C3 C yN(ltbZz9 T-502 P.002/O02 F-458 Mirha!l F. Easley Governor William G. Ross, Jr., Secrerary Nornh Carolina Dcpartncrtt of EnVirOnMCnt and Natural Rcsources Alan W. Klimek, P.E., Director Division of NVater Quality February 21, 2005 To: Hannah Stallings Environmental Assessment Coordinator Construction Grants & Loans Section From: Sergei Chernikov, MD. Environmental Engineer I NPDES Unit ' Re: City of Hickory — Upgrade and Expansion of the Northeast Wastewater Treatment Plant Project dumber: CS370389 The NPDES Unit has reviewed the City of Hickory's 201 Facilities Plan/Environlnental Assessment and has no objections to the approval of the project. Since City of Hickory is not proposing increase in flow, NPDES unit withdraws our objections against proposed project. On page 18 (Section 3.04) it is stated that "The proposed preliminary design for Hickory's Northeast WWTP upgrades was based on speculative limits issued by NCDENR personnel...". It is necessary to emphasize that NPDES Unit was unable to calculate speculative limits before modeling is conducted by the City of Hickory. Therefore, aforementioned statement is inaccurate and should be removed.. cc: Permit File Central Files N. C. Division of Water Quality! NPDES Unit 1617 Maii Service Center, Raleigh, NC 27699.1617 Internet; h2o.enr.sWe.nc.us r .`{ Phone: (M) 733-5083 fax: (919) 733•0719 DENR Customer Service Center 1 800 6217748 .kc..ae C rs iG. c5 "."!,S February 4, 2005 Ms. Hannah L. Stallings North Carolina Construction Grants and Loans �+ 1633 Mail Service Center Raleigh, NC 27699-1633 Re. Environmental Assessment City of Hickory's Hickory Northeast W WTP Upgrade Catawba County, NC HSMM Commission No. 60402A Dear Ms. Stallings: I - Please find below the City of Hickory and HSMM's response to, the comments resulting from the initial 201 Facilities Plan, including Environmental Assessment (EA), which was submitted September`10, 2004. I have copied the comments into this letter and indicated where in the EA each question is addressed. After reviewing the EA, please advise us on any steps we can take to expedite the issuance of a Finding of No Significant Impact (FONSI). Environmental Review Continents �- A. Proposed Project Description 1. In your description of the existing facilities, please state the water body that the Northeast WWTP discharges into. Response: As anzended to the description on page 94, the Northeast "VTP discharges treated effluent into Lake Hickory. 2. When discussing the need for the proposed project on page ES, the report states that "Rain events over the past five years have overloaded the influent pump station and caused non-compliance with the City's NPDES permit due to solids washout. The ' proposed will upgrade the existing treatment process and incorporate a 2.2 MGD flow equalization basin to handle excess inflow received at the plant." The discussion of need on page 1 stresses the need "to provide more reliable treatment at the plant" by upgrading its treatment processes and mentions excess inflow secondarily. Page 1 also includes that statement that "In order to ensure regular compliance with State discharge limitations, treatment process upgrades are necessary. These upgrades are considered essential due to, ' the extended length of time current equipment has been operating, and also the inadequacy of the processes to handle the peak flows seen during large rain events." c Hoyes, Seny, Mattern $ Nlotlern, Inc. ARCHITECTS ENGINEERS PtnNNERS i81 Ecsl Evans S:te t Suite 23 3TC-105 Florence SC 29506 let-:843,669.4491 Cox:BA3.664.2881 &mail;hsmm-!o@hsmm.cojn %v,.,w.hsm:n.corn Please be consistent when describing the need for the proposed project in the 201 Plan and the EA_ Response: The referenced descriptions on pages 1 and 94 (page 68 in previous submittal) were reworded to stress the importance of plant upgrades to handle the excess flow during times of rain primarily and the length of service time secondarily. 3. While the discussion of the proposed influent pump station on page 69 states that this "Would be upgraded to an average capacity of 6 MGD and a peak capacity of 12 MGD," the discussion of this upgrade on page 28 states that the proposed pump station would have a peals capacity of 15 MGD. Please clarify. a,r Response: The peak flow of the influent pump stalion should be 12 MGD. The narrative on page 29 (formerly page 28) was amended accordingly. 4. Pages 70 and 29 stated that "The construction of a maintenance building on the existing WWTP site is anticipated as a portion of the proposed project." Please confirm whether or not the construction, of this maintenance building is a part of the proposed project. r Response: The construction oj'a maintenance building will be included as a portion of the project. The narratives on pages 30 and 96 (formerly pages 29 & 70 respectively) were revised accordingly. 5. Page 70 states that "The proposed project would also include the construction of an administration building and a laboratory building... adjacent to the WWTP south of Falling Creek." This separate area should be shown on Figure 1. Response: The originally proposed site for the laboratory and administration building has been eliminated upon the collection of additional information. It is now being { proposed that these buildings, and an additional learning center, will be constructed on the existing WWTP site property north of Falling Creels Therefore the disturbance of this land is no longer a component of this project. 6. While page 70 states that "The disturbance of no more than S acres would be necessary to allow for construction of the laboratory and administration buildings," the discussion on page 30 states that this will only require disturbing 3 acres. Please clarify. Response: The narrative erroneously sites the disturbance of S acres. This description was edited to correctly site the disturbance of three (3) acres. The environmental assessment and 201 plan have been revised to eliminate the reference to the disturbance r of an area south of Falling Creek, as the proposed buildings have been relocated to the existing WWTP site. t Hoyes, Scay, Mattern & Ma tie rn, fnt. ARCHITECTS ENG NEERS PLANNERS B. Alternatives Analysis i. Alternative 2 - Optimizing Operation of Existing Facilities: The report states that "the current treatment processes are inadequate in their ability to provide the level of treatment that will be required to meet fiiture NPDES permit limits:"• An October 15, 2004, memorandum from the NPDES Unit states that, "Due to concerns regarding nutrient enrichment in the Lake Hickory we were unable to provide speculative limits." The Unit recommends that "extensive modeling [be done) to determine the impact of .expanded discharge into Lake Hickory." How is it possible to comment, conclusively, on the ability of the current plant to meet future discharge limits when speculative limits have not been determined? AIso, how can the proper treatment facilities be planned and designed when these limits are not yet known? Response: In response to the NPDES unit statement, `Due to concerns regarding nutrient enrichment in Lake Hickory, " we feel that the Northeast WWTP will soon have to employ nutrient removal prior to effluent discharge. The plant as currently configured is unable to achieve strict nutrient removal; therefore we feel "the current treatment processes are inadequate in their ability to provide the level of treatment that will be required to meet future NPDES permit limits." The proposed project does not include provisions for an increase in effluent flow, therefore the existing NPDES permit limits and nutrient removal were used for design. The existing permit is due for renewal on April 31, 2005. In the event the new NPDES limits differ from the existing limits and nutrient limits, then the design will be adjusted to account for the changes. 2. Alternative 3 - Land Application: The report states that "Analysis of land application of wastewater as a practical alternative included three application processes: rapid infiltration into soils, slow rate processes, and overland flow_ Due to soil conditions in the area, rapid infiltration was eliminated and a slow rate process was selected for further analysis." a. Please provide a brief discussion of the limitations of the soils in the area that make rapid infiltration undesirable. Response: The alternatives analysis narrative was amended to discuss the selection criteria necessary for rapid infiltration, and why this is not a viable option for the City. The additional narrative is included on pages 23-24 and 100. b. Please provide discussion on the elimination of the overland flow alternative. Response: The alternatives analysis narrative was amended to discuss the selection criteria necessaryfor overland flow, and why this is not a viable option for the City_ The additional narrative is included on pages 24 and 100. Hayes, Seoy, tAoltern & Modern, Inc. ARCHITECTS ENGINEERS PLANNERS 3. AIternative 4 - Downtown Sewer Rehabilitation a- The report states that "The City of Hickory's downtown area currently utilizes a sewer system receiving stormwater, which introduces large amounts of inflow into the waste stream during periods of rain. The downtown sewer system consists of both roof drains and storm drains emptying directly into sewers." I . The increase in flow during storm events should not be referred to as inflow since this is a combined sewer system. Inflow is the volume of storm water which enters the sewer system during rain events from gaps in piping or holes in manhole covers. Please amend this section of the narrative to more appropriately address the existence of the combined sewer system and not refer to the increase in flow during storm events as "inflow" problems. Response: The narrative throughout this portion of the environmental assessment was edited to refer to the downtown sewer system as a combined sewer system, rather than treating the flow entirely as inflow. ■ 2. - This section of the report refers to removing the current storm water drainage system in the downtown area as "rehabilitation." This is not considered rehabilitation, but the construction of, a separate storm -sewer system. Please reword the narrative accordingly. Response: The description was amended to refer to the construction of a separate '- sewer system, rather than a rehabilitation of the existing system- b. Page. 75 states that the W WTP's processes "have been in operation in excess of 15 years." Page 72 of the narrative states that "Some plant components have been in place in excess of 35 years, and are in need of replacement." Please clarify whether the deficient processes have been in place 15 or 35 years. Response: The existing equipment is in need of being replaced, including components ' that have been in place for 15 years and those that have been in operation for 35 years. The environmental assessment was edited in an attempt to clam this position. ' a. Alternative 5 - Regional Wastewater Treatment Facility: The goal of analyzing, this alternative should focus on whether it is feasible for the Northeast WWTP to combine its operations with any of the facilities in the other two drainage areas of the city or with a treatment facility that serves another municipality. Please amend this section accordingly. c Response; Further narrative was added concerning the. feasibility of establishing a ' regional wastewater facility for two separate drainage basins in the area. The additional narrative is included on pages 27-28 and 103-104. Hoycs, 5coy, MUftern & Modern, Inc. nRCHITECIS ENGINEERS PLANNERS T h 5. .Alternative 7 - Northeast Plant Upcade ... t a. The report states that "The design upgrades and modifications included in this analysis are outlined in Section 1.0." The scope presented in Section 1.0 is different than the scope presented in Section 11.0. Not included in Section 1.0 are: the following items: 1) new headworks with odor control; 2) influent pump station; 3) I influent piping; 4) maintenance building; and 5) laboratory and administration building. Response:lhe reference to Section 1.0 was a typographical error. The reference has been corrected to refer to Section 11.0. C. Existine Environmental Characteristics of Project Area I. Topography - The WWTP site needs to be labeled on the NFIP map. Please add narrative U to address whether or not the project area is within the 100-year flood plain. Then; amend the discussion of the predicted environmental impacts mitigative measures accordingly. Response: The map has been edited to show the WW7P site and narrative has been revised on page 80 to include a description of the site in relation to the 100 year flood plain. 2. Soils - Please provide an estimate of the volume of soil that will be moved in the siting and construction of the proposed facilities. Also, address where this soil will be relocated. Response: The amount of soil to be moved is estimated at approximately 183, 000 cy. The soil will be compacted and graded to restore pre -construction contours where possible. Narrative relating to this information has been included on page 116. 3. Land Use -. Please discuss the current activity on the tot where the laboratory and administrative building will be sited. Then, amend the discussion of the predicted environmental impacts mitigative measures accordingly. f Response: The laboratory and administrative buildings are now planned to be constructed on the existing WYYTP site. The previously proposed location for the laboratory and administrative buildings has been abandoned. 4_ Air Qualit - The report states that "the plant has been able to eliminate the majority of odor complaints from residents in close proximity to the plant." Please provide narrative on the nature and timing of these odor complaints. 4 Response: Additional information concerning the nature and timing of the odor complaints received by the plant staff has been added on pages 109-110. T I Hayes, seny, Mallern & Modern, Inc. ARCH;IEC[S ENG3NEER5 PLANNERS 5. Shellfish or Fish and.. Their Habitats The report states that "There are no known areas of shellfish beds or indications of fish abiding in Falling Creek." Please confirm that there are no fish in this water body. If this was a misstatement please provide a listing of the ' fish species that have been/are likely to be found in this creek. Then, amend the discussion of the predicted environmental impacts mitigative measures accordingly. Response: There is at least one fish species abiding in Falling Creek. The discussion of the predicted environmental impact was amended to include a list of the predominant plants and animals observed at the project site. Additional narrative was added on pages 112 and 122. 6. Wildlife and Natural Vegetation - This discussion focuses solely o_ n the presence of threatened or endangered species in the project area. Please include a broader discussion of any wildlife habitat that exists on or near the project area, and list specific species of dominant plants and animals found in the area. Then, amend the discussion of the predicted environmental impacts mitigative measures accordingly. Response: Narrative was added on pages 113-114, 122, and page 132 to address this deficiency. D. Predicted Environmental Effects of Proiect 1. Public Lands, Scenic or Recreational Areas - It is stated in the discussion of the existing environmental characteristics of the project area that "Lake Hickory's shoreline is near the proposed Hickory NE WWTP Upgrade and Expansion site." a. In the discussion of the predicted impacts of the project on the environment, it is stated that the proposed proj ect. "should not have any adverse direct impacts on Public Lands, Scenic or Recreational areas." Please address the impacts that construction and the additional facilities will have on the Lake Hickory shoreline - whether the impact be a visual annoyance, a source of increased noise, a temporary increase local air pollution, etc. Response: The narrative on page,118 was edited to include a description of the likely direct and cumulative impacts of the proposed project on Lake Hickory. b. This project does not involve an expansion in capacity, so please remove all such references from the document. Response: All references to an expansion have been removed from the environmental assessment. c. Page 3 of the 201 Plan states that "approximately 1,200 residents are likely to begin o receiving sewer service from the Northeast Wastewater "Treatment Plant (WWTP) Hoyes, 5eay, Mattern & Matlern, Inc. ARCHITECTS ENGINEERS PLANNERS r , ` because of the problematic septic tanks." Please state that an expansion of capacity is not being sought with the proposed project and that the households served by these septic systems will not be added to the wastewater collection and treatment system as a part of the currently proposed project_ Re.-seonse: Narrative was added on page 3 and page 97-98 to address this comment. 2. Water Resources a. Please address the fact that the treatment upgrades will protect and enhance local surface water quality. Response: The direct and cumulative impacts on water resources on pages 120-121 were amended to address the protection and enhancement of local surface water quality as a result of the project. b. The report states that "In the event encroachment within the 50-foot buffer zone occurs during design, a stream relocation effort will be enacted." Is this action quite likely to happen in the course of construction? If so, please provide a detailed description of the predicted environmental impacts of this effort. Response: The need to relocate the stream to ensure a 50 foot buffer is not anticipated as being necessary. The discussion of the direct impacts on page 120 was edited to address this concern. 3. Shellfish or Fish and their Habitats - Please address whether the aquatic habitat will be improved by the enhanced wastewater treatment process provided by the proposed 1 project and how it will be improved. iResponse: The aquatic habitat will be improved due to the enhanced water quality. This ■ discussion of indirect and cumulative impacts was revised on page 122. 4. Introduction of Toxic Substances - Please address the potential for leakage from the constnuction equipment at the two project sites. In the mitigative measures section, discuss those actions that will be taken to ensure that such toxic substances will be treated in accordance with all appropriate regulations so that there will be no significant negative environmental impact. Response: On December 14, 2004 Ms. Hannah Stallings with NCDENR Construction Grants & Loans, was contacted to discuss the expectations of this comment. In response w to this conversation, the possibility of diesel fuel, oil, or hydraulic fluid leaking was included as an indirect impact on page 123. Although a large scale leak or spill of these substances is not expected, corrective measures shall be in place, i Floyes, 5eny, Moltern & Mattern, Inc- ARCHITECTS ENGINEERS PLANNERS r. E. NPDES Permit - PIease include a copy of the entire permit Response: The entire NPDES permit --will be included in the revised Environmental . Assessment. F. Comments received from the North Carolina Wildlife Resources Commission, the NPDES Unit, and U.S. Fish and Wildlife Service. The issues raised by these agencies must be addressed in the next submittal. Comments have yet to be received from the Department of 1 Cultural Resources and the U.S. Army Corps of Engineers. These two agencies have been contacted and their response has been encouraged. NPDES Unit Review Comments ■._ Due to the concerns regarding nutrient enrichment in Lake Hickory we were unable to provide speculative limits. The NPDES Unit recommended that the applicant conduct more extensive modeling to determine the impact of the expanded discharge into Lake Hickory. Response.• The plant is not proposing an expansion in effluent flow,'so tile limits and flow set for in the existing NPDES permit are proposed. In 2005 the permit is due for renewal and will require new limits as supplied by NCDENR at the 6 MGD flow currently in place. NC Wildlife Resources Commision Review Comments The potential for relocating portions of Falling Creek concerns us as existing terrestrial and aquatic habitats could be impacted directly and indirectly from the relocation and from poor management of stormwater and development issues. Response: The relocation of Falling Creek is. not anticipated as being necessary to make the proposed upgrades and maintain a SO' buffer along the stream. Stormwater management issues will be corrected as part of the plant upgrade. Prior to tree removal and site clearing activities on a proposed development site and prior to local site planning and zozung approvals, all jurisdictional waters and wetlands should be _ professionally delineated pursuant to the Clean Water Act (CWA) using US Army Corps of Engineers (COE) and NC Division of Water Quality (DWQ) criteria. This should be accomplished as part of the developer's due diligence and site evaluation process. CWA permits are required for driveways, parking lots, road crossings and utility (including sewer) lines that impact waters of the United States. Should impacts occur to jurisdictional waters or wetlands, Stormwater management should be provided. Agricultural or forestry exemptions must not be allowed when the ultimate use of a property will be a development. Mayes, seoy, Mattern & Moltern, 1nC. ARCHITECTS ENGINEERS PLANNERS r Response: A preliminary wetlands delineation was conducted in October 2004 and a letter was mailed on November 11, 2004 to Amanda Jones of the US Army Corps of Engineers (USACE) requesting a site visit and confirmation of the wetlands delineation. Mrs. Jones confirmed the wetlands delineation in a phone conversation with Kimberly Barbee of HSMM on December 14, 2004. The City of Hickory understands that permits are required when development is proposed on property that contains waters of the US. The wetlands delineation showed that the location of the proposed educational center is not within jurisdictional wetlands. The vegetation, soils and hydrology were characteristic of an upland area. Narrative conveying this information has been included on page 108 and page 117. Jurisdictional streams, wetlands, and highly erodible area buffers should be maintained or €-= restored as undisturbed forested buffers. In watersheds supporting listed species, these buffers f should be 100 feet for intermittent channels and 200 feet for perennial channels. In watersheds without listed species, these buffers should be 50 feet and 100 feet respectively. Buffers should be permanently preserved as common conservation areas instead of subdivided. Local authorities should keep sewer lines, water lines, and other utilities out of the buffer zone. ' Response: The City of Hickory is applying far a grant from the Clean Water Trust Fund to help fund the purchase of conservation easements on Falling Creek. The stream is greatly impaired from upstream development and deforestation. The only section of the stream with a forested buffer is that which is adjacent to the wastewater treatment plant. Shade provided from a {- forested buffer provides healthy fish habitat. A similar description has been included as part of the mitigative measures to be taken to protect the topography in the region (page 127), water Ft resources (page 132), and the habitat offish and shellfish (page 133). Stormwater management should maintain, to the extent possible, pre developed hydrographic ' conditions. Stormwater control measures should be implemented before impervious surfaces reach 10 % for most watersheds and 6 % for watersheds with listed species present downstream. Low Impact Development (LID) techniques are encouraged for all new development and redevelopment efforts. Information on LID practices and measures can be found at - www.lowimpactdevelopment.org. Maintenance of hydrographic issues are needed to reduce downstream channel destabilization and bank erosion. Stormwater management ponds should be forested (excluding darns) with native plants to reduce thermal impacts to waters. Response: Stormwater management at the NE, WWTP will be improved as part of the plant upgrade. Specifically, storm drains that are causing erosion in Falling Creek will be removed and the batik restored to pre -development conditions. Where feasible, Low Impact Development (LID) will be provided by lengthening the time of concentration and using permeable pavement and/or other technologies which reduce the Curve Number and thus reduce the quantity of runoff leaving the site. Storm water management structures will be provided if required so that the post - development 10 year peak flow is equal or less than the pre -development 10 year peak flow. These measures have been included as mitigative measures on page 100 for the protection of topography and soils. _ Hcyes, Seay, Mallern & Mallern, inc. ARCHITECTS ENGINEERS PLANNERS 11 i1 Fill in Federal Emergency Management Agency (FEMA) designated floodplains as well as CWA jurisdictional water floodplains should be prohibited. (This is an essential and important maintenance component of item number three above.) Entire floodplain areas should be protected as undisturbed forested areas to benefit local air and water quality. Response: The City of Hickory does not propose to place fill in FEMA designated floodplains. In addition to the above reiterations, we continue to be concerned about the extensive use of chlorine and dechlorination disinfection processes throughout the state. - We continue to recommend that alternate processes be used. and that any plant modifications coincide with modifications of pretreatment permit requirements (color removal, etc.) that allow alternate disinfection methodologies. Additional details should be provided supporting the statement that chlorine disinfection practices cannot be changed to other non chemical methods_ Response: As included in the amended document, there is evidence suggesting the reduction in disinfection byproducts when onsite sodium hypochlorite generation replaces the practice of disinfection using gaseous chlorine. Additionally, disinfection of wastewaters using ozone or ultraviolet lights is known to form disinfection byproducts. Although the disinfection byproducts formed in these processes are different than the byproducts resulting from ry chlorinationldechlorination, they may also be harmful to aquatic wildlife. Therefore, the reliable practice of chlorine disinfection using onsite sodium hypochlorite generation is the selected technology for disinfection in the Northeast WWTP upgrade. Narrative relating to this ,- issue has been added on page 123. In closing, we would like to see additional project proponent evaluation of any potential CSI issues and increase evaluation of mitigation options as discussed in our previous letter and as reiterated above (also see our CSI document) if full build out has not been reached in the municipal service area. Response: Additional impact analysis has been included for the sections relating to topography, soil, land use, wetlands, public lands, scenic or recreational areas, water resources, and the introduction of toxic substances. Similarly the description of mitigative measures for topography, soil, wetlands, water resources, shellfish or fish habitats, and toxic substances have been modified. USDI 1{isle and Wildlife Service Review Comments The subject Environmental Assessment does not address alternatives to chlorine nor does it adequately address the secondary and cumulative development impacts induced by the increased capacity of the proposed expansion of the WWTP. In fact, the Environmental Assessment does specifically states that there are "no apparent impacts of the proposed City of Hickory's Northeast WWTP Upgrade on wildlife and natural vegetation in the area." And even though a 41--percent increase in population is expected in the service area over the next 20 years, the Hayes, Seny, Mottern & Matlern, InC. ARCHITECTS ENGINEERS PLANNERS Environmental Assessment further states that the proposed alternative will not have an adverse effect on the environment," Response: Additional analyses of the impacts of the proposed project have been added to the referenced Environmental Assessment. Although there is an expected increase in the population over the next 20 years, the increase is not a result of the proposed project as there is no increase capacity included in the presented project. Therefore we feel that the impacts as presented in the .environmental Assessment are representative of the project as proposed_ Additionally, the Environmental Assessment states that the proposed project may have impacts on the federally threatened dwarf -flowered. heartleaf (Hexastylis naniflora), both directly and cumulatively. If impact to federally listed species are possible, formal consultation with our office should be initiated. Response: It is not expected that the project will have an impact on the dwarf -flowered heartleaf .. as this plant was not observed during the site visit far the wetlands delineation on the property. The EA was revised to reflect this fact and that stream restoration will improve wildlife habitat, 1 Sincerely, HSMM Marty Watson fmw/jmw Enclosures: As noted Copy to: Project and Reading Files Hayes, Seay, Mattern & Mattern, Inc. ARCMTECIS ENGINEERS PLANNERS ' O G -7 � r L7 `S The Honorable Rudy Wright, Mayor City of Hickory P.O- Box 398 Hickory, North Carolina 28603-0398 Dear Mayor Wright: Michael t-. Laslcy- Governor William C. ltosi Jr.. SrcaLtary Horh CLuvlinu Dcpttment of l nVironnrcnl and N3Eur1l 1tc5CrurCCS Alan W, P.E. Dircctor Division of Water QuAtily November 9.2004 SUBJECT: City of Hickory 201 Facilitses Plan and Environmental Assessment Project No, CS370389-18 The Construction Grants and Loans Section. has completed its environmental review of the subject project and has the attached comments- The attached comments from North Carolina Wildlife Resources Commission, the NPDE5 Unit, and the U.S. Fish and Wildlife Service must also be addressed. These comments are also being sent directly to your consulting engineer, ' HSMrM, by copy of this letter. A revised 201 Plan and E.nvironm ntal Assessment that incorporates responses to these comments should be submitted for our review and approval as soon as possible. Providing thorough and complete responses to these review comments in a timely manner is necessary to avoid delays of the project. approval. Our technical review is ongoing, and there may be additional comments forwarded to you when the review is completed. ' In an effort to reduce the schedule for the 201 Plan and Environmental Assessment approval, it is suggested that the city and its engineer resolve the environmental issues and concerns discussed in the attached comments by directly contacting the commenting agencies. Comments from the U.S. Army r Corps of Engineers and the Department of Cultural P g P Resources have not been received. We have been in contact with these review agencies to encourage their response. Once comments from these agencies have been received, they will be forwarded to the city and its consulting; engineer. 7 a - C t tion Grants d Laan S ti Id",ruc i an s ec on One 1533 Mail Salvia Center Raleigh NC 27699-1633 �a�]�aI011rit ' Phone: 919-733-6900 / FAX- M-715-62291 Internet: www.nccUl.net l � 110-d ZOO d SU-1 6ZZ9511616 sueol puy srueig licipnitsuoD-hoed My1o:11 VHZ-61-AON The Honorable Rudy Wright, Mayor ' November 9, 2004 Page 2, 2004 If our or you engineer have an questions or need assistance in resolving these Y Y g Y9 � environmental issues, please call Ms. Hannah Stallings at (919) 715-6209. If you or your ' engineer have any questions or need assistance in resolving technical issues, please call Nicholas Hong at (919) 715-6223. Also, if there are questions cvncemine this review, you may contact me at (919) 715-6225, ' Sir�rrerel . Yi 1 K. Lawre4lHorton, III, P. E., Supervisor Facilities gvaluation Unit ' HSlsd ' Attachment (all cc's) cc: Marty Watson, HSMM Daniel Blaisdell, P.E. Nick Hong ' Hannah Stallings DMU/PMB/f--EU/SRF 1 1 Z10-j £00'd BEI-1 UZ9511616 sue01 Puy saueu0 uoit mt;sum0-floyA NVIC-'11 VOOZ-61-AON DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 RL•PLY TO A17121MO14 OF: November 5, 2004 Regulatory Division Action ID 200530320 a 'Zi 2 K. Lawrence Horton, I11, P.E., Supervisor Facilities Evaluation Unit Construction Grants and Loans Section ' 1633 Mail Service Center Raleigh, North Carolina 27699 I Dear Mr_ Horton: Reference your request for review and comment on the 201 Facilities Plan and ' Environmental Assessment for City of Hickory, NC (FPEA) dated September 10, 2004. The project proposes expansion of the existing wastewater treatment plant along Falling Creek in order to provide more reliable treatment to Catawba County. The project as described in the FPEA does not indicate that any construction activities, regulated pursuant to either Section 10 of the Rivers and Harbors Act of 1899 or Section 404 otthe ' Clean Water Act, are to occur within waters of the United States. Accordingly, based solely on the information provided in the FPEA, no Department of the Army authorization will be required for the expansion of the wastewater treatment plant in Catawba County. PIease be reminded that in the event that project plans relative to the expansion activities are altered and result in the discharge of dredged or fill material into waters or wetlands of the United States, you should contact the undersigned regarding Department of the Army permitting requirements. We appreciate the opportunity to comment on the 201 Facilities Plan and Environunerital Assessment for City of Hickory, NC. If you have any questions, I may be contacted by telephone at (828) 271-7980, extension 232. Sincerely, 1 Rebekah L_ Newton 1 Regulatory Specialist Asheville Regulatory Field Office 210-J NO/ZZO'd SU-1 6229912616 sue01 Puy s�uean NMI[ PCOZ-E-AON CITY OF HICKORY i:nvironmental Review Comincnt.S ;f For 201 Facilities flan and Environmental Assessment Project No. CS370389-18 November 9, 2004 A. Proposed Project Description 1:. In your description of the existing facilities, please state the water body that the Northeast. WWTP discharges into. 2. When discussing the need for the proposed project on page 68, the report states that "Rain events over the past five years have overloaded the influent purnp station and caused non-compliance with the City's NPDLS permit due to solids washout. The proposed project will upgrade the existing treatment process and incorporate a 2.2 MGD flow equalization basin to handle excess inflow received at the plant_" The discussion of need on page 1 stresses the need "to provide more reliable treatment at the plant" by upgrading its treatment processes and mentions excess inflow secondarily. Page 1 also includes that, statement that "In order to ensure regular compliance with State discharge limitations, treatment process upgrades are necessary_ These upgrades are considered essential due to the extended length of time current equipment has been operating, and also the inadequacy of the processes to handle the peak flows seen during large rain events." Please be consistent when describing the need for the proposed project in the 201 Plan and the LA. 3. While the discussion of the proposed influent pump station on page 69 states that this "Would be upgraded to an average capacity of G MGD and a peak capacity of 12 MGD," the discussion of this upgrade on page 28 states that the proposed pump station would have a peak capacity of 15 MGD. Please clarify. 4. Pages 70 and 29 stated that "The construction of a maintenance building on the existing ' WWTP site is anticipated as a portion of the proposed project." Please confirm whether or not the construction of this maintenance building is a part of the proposed project. 5. Page 70 states The proposed project would also include the constru ction of an administration building and a laboratory building ... adjacent to the WWTP south of Falling Creek." This separate area should be shown on Figure 1. ' G. While page 70 states that "The disturbance of no more than 5 acres would be necessary to allow for construction of the laboratory and administration buildings," the discussion on page 30 states that this will only require disturbing 3 acres. Please clarify. Page I of 5 B. Alternatives Analysis ' 1. Alternative 2 — Optimizing Operation of Existing Facilities: The report states that "the current treatment processes are inadequate in their ability to provide the level of treatment that will be required to rneet future NPDES pen -nit limits." An October 15, 2004, memorandum from the NPDES Unit states that, "Due to concerns regarding nutrient enrichment in the Lake 1-lickory we were unable to provide speculative limits." ' The Unit recommends that "extensive modeling [be done] to determine the impact of expanded discharge into Lake Hickory." How is it possible to comment, conclusively, on the ability of the cuiTent plant. to meet future discharge limits when speculative limits ' have not been determined? Also, how can the proper treatment facilities be planned and designed when these limits are not yet known? ' 2. Alternative 3 — Land Application: The report states that "Analysis of land application of wastewater as a practical alternative included three application processes: rapid infiltration into soils, slow rate processes, and overland flow. Due to soil conditions in ' the area, sapid infiltration was eliminated and a slow rate process was selected for further analysis." a. Please provide a brief discussion of the limitations of the soils in the area that ' make rapid infiltration undesirable. h. Please provide discussion on the elirnination of the overland flow alternative. 3. Alternative 4 —Downtown Sewer Rehabilitation a. The report states that "The City of Hickory's downtown area currently utilizes a sewer ' system receiving stormwater, which introduces large amounts of inflow into the waste stream during periods of rain. The downtown sewer system consists of both roof drains and storm drains emptying directly into sewers." 1. The increase in flow during storm events should not be referred to as inflow since ' this is a combined sewer system. Inflow is the volume of storin water which enters the sewer system during rain events from► gaps in piping or holes in manhole covers. Please amend this section of the narrative to more appropriately address the existence of the combined sewer system and not refer to the increase in flow during storm events as "inflow" problems. 2. This section of the report refers to removing the current storm water drainage system in the downtown area as "rehabilitation." This is not considered rehabilitation, but the construction of a separate storm sewer system. Please reword the narrative accordingly. b. Page 75 states that the WWTP's processes "have been in operation in excess of 15 years." Page 72 of the narrative states that "Some plant components have been in place in excess of 35 years, and are in need of replacement." Please clarify whether the deficient processes have been in place 15 or 35 }rears. Page 2 of 5 4. Alternative 5 — Regional Wastewater Treatment Facility: The goat of analyzing this alternative should focus on whether it is feasible for the Northeast. WWTP to combine its operations with any of the facilities in the other two drainage areas of the city or with a treatment facility that serves another municipality. Please amend this section accordingly. S. Alternative 7 — Northeast Plant U grade The report states that "The design upgrades and modifications included in this analysis are outlined in Section 1.0." The scope presented in Section 1.0 is different than the scope presented in Section 1 1.0. Not included in Section 1.0 are the following items: 1) new headworks with odor control; 2) influent pump station; 3) influent piping, 4) maintenance building; and 5) laboratory and administration building. ' C. Existin Environmental Characteristics or Project Area I. Topography-- The WWTP site needs to be labeled on the NFIP map. Please acid narrative to address whether or not the project area is within the 100-year flood plain. Then, amend the discussion of the predicted environmental impacts mitigative measures accordingly. 2. Soils -- Please provide an estimate of the volume of soil that will be moved in the siting ' and construction of the proposed facilities. Also, address where this soil will be relocated. Land Use — Please discuss the current activity on the lot where the laboratory and administrative building will be sited. Then, amend the discussion of the predicted ' environmental impacts mitigative measures accordingly. 4. Air Quality — The report states that "the plant has been able to eliminate the majority of ' odor complaints from residents in close proximity to the plant." Please provide narrative on the nature and timing of these odor complaints. S. Shellfish or Fish and Their Habitats — The report states that "There are no known areas of shellfish beds or indications of fish abiding in Falling Creek." Please confirm that ' there are no fish in this water body, if this was a misstatement, please provide a listing of the fish species that have been/are likely to be found in this creek. Then, amend the discussion of the predicted environmental impacts mitigative measures accordingly. 1 Page 3 of _5 �-a G. Wildlife and Natural Vegetation —This discussion focuses solely on the presence of threatened or endangered species in the project area. Please include a broader discussion of any wildlife habitat that exists on or near the project area, and list specific species of dominant plants and animals found in the area. Then, amend the discussion of the predicted environmental impacts mitigative measures accordingly. ' D. Predicted Environmental Effects of Project 1. Public Lands, Scenic or Recreational Areas --It is slated in the discussion of the existing environmental characteristics of the project area that "Lake Hickory's shoreline is near the proposed Hickory N _ WWTP Upgrade and Expansion site." a. In the discussion of the predicted impacts of the project on the environment, it is stated that the proposed project "should not have any adverse direct impacts on Public Lands, Scenic or Recreational areas." Please address the impacts that construction and the additional facilities will have on the Lake Hickory shorelifrc -- whether the imnact be a visual annoyance, a source of increased noise, a temporary increase local air pollution, etc. 1). This project does not involve an expansion in capacity, so please remove all such references from the document. c. Page 3 of the 201 Plan states that "approximately 1,200 residents are likely to begin receiving sewer service from the Northeast Wastewater Treatment Plant (WWTP) because of the problematic septic tanks." Please state that an expansion of capacity is not being sought with the proposed project and that the households served by these septic systems will not be added to the wastewater collection and treatment system as a part of the currently proposed project. 2. Water Resources a. Please address the fact that the treatment upgrades will protect and enhance local surface water quality. b. The report states that "In the event encroachment within the 50-foot buffer- zone occurs during design, a stream relocation effort will be enacted." Is this action quite likely to happen in the course of construction.) If so, please provide a detailed description of the predicted environmental impacts of this effort. 3. Shellfish or Fish and their Habitats — Please address whether the aquatic habitat will be improved by the enhanced wastewater treatment process provided by the proposed project and how it will be improved. Page 4of5 4. Introduction of Toxic Substances — Please address the Potential for leakage from the construction equipment at the two project sites. In the mitigative measures section, ' discuss those actions that will be taken to ensure that such toxic substances will be treated in accordance with all appropriate regulations so that there will be no significant negative environmental impact. ' E. NPDES Permit — Please include a copy of the entire permit. ' F. Comments received from the North Carolina Wildlife Resources Commission, the NPDES Unit, and U.S. Dish and Wildlife Service. The issues raised by these agencies must be addressed in the next subin ittal. Comments have yet to be received from the Department of Cultural Resources and the U.S. Army Corps of Engineers. These two agencies have been contacted and their response has been encouraged. Page 5 of 5 111�3�1:GYJ�l;+ dl:Y]Y7 �1'�1i5�bta�J 1 �L _l ti , North. Carolina Wildlife Resources Commission 19 C hales %. Fullwtrind, Executive D;rector MEMORANDUM TO: Melba McOce, Legislative and Intergovernmental Affairs Dept. of Environment and Natural Resources . FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: October 6, 2004 SUBJECT: State Clearinghouse Project No. 1287, 201 Facilities Plan and Environmental Assessmeni (EA), City of Hickory's Northeast Wastewater Treatment Improvements, Calawha County This correspondence responds to a request by you for our review and comment~ on the Environmental Assessment (EA) for the City of Hickory's (City) proposed improvements ' to their referenced wastewater facilities, These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Slat. 401, as amended; ' 16 U.S.C. 661-667d.) and the North Carolina Environmental Policy Act (G.S. 11-')'A-t through 1 13A-10; I NCAC 25). The City owns and operates two wastewatcr treatment plants (WWTP) in Catawba County. The city has recently purchased Catawba W% TP. The Nort,hcast WWTP (NPDES Permit No. NCO020401) serves approximately 19, 200 acres of drainage area. ' The WWTP was upgraded in 1989 to a capacity of 6.0 Million Gallons per Day (GPD). The Mtge and condition of the collection system allows significant inflow and Infiltration (I & 1) into the system. Studics.and evaluations of significant I & I have determined drat improvcments at the Northeast WWTP, including a new 2.2 million gallon equalization ha.sin will be the most econoanical way to deal with excessive peak flows during inclement weather. Substantial wastewater bypass releases may impact water quality and recreational uses of Lake Hickory. The Northwest WWTP is the only wastewater treatment system for the Latkc Hickory drainage in Hickory. Portions of public sewer in downtown areas are over a hundred years old and combined sewers (stormwaler and wastewater) are indicated. Hickory Dyeing and Winding contributes roughly 0_054 IVIGD to this V %NqP. The municipal sewer service area ...� ylatlin, Address: Dtvuion of inl-,nC� 1�i,17� -.—_....... _.---....,,_...._..__.. �-- o -ic: 1721 Mai) Su -vice Ccatcc • Ra)d.-h, TIC' 27699-1721 11! Ind? 91'3715.iftd IYI.UMNM r-riuc riot uo OLI.A I297, Hickory Northeast 2 October 6, 2004 Wastewater Improvements ' appears to be substantially urban with the exception of an area comprised of about I,200 residents in Alexander County who are experiencing problems witl7 onsite septic tank 1 systems. It appears that sewer service provisions to this area arc likely in the near future. According to the submittal, pump station fixtures would be upgraded to a peak capacity of 15 MGD through WWTP improvements, pump capacity upgrades, and the addition of the equalization basin. Chlorine contact and declorvnation expansions are proposed as part of the WWTP upgrade. Impacts along Falling Creek are probable despite a Fifly (50) ' foot buffer proposed that allows for stream relocation if needed (with approval of the US Army Corps of Engineers)_ ' Direct impacts from the proposed improvements are indicated to be minor as much of the impacts will occur within or near the WWTP. Indirect and cumulative impacts are indicated to be minimal although our interpretation of the project has not found that no secondary and cumulative impacts will occur. Secondary and cumulative impacts are likely where new sewer extensions occur or where additional development or redevelopment will occur_ No "apparent" direct impacts to wildlife are indicated and landscaping is indicated to augment aesthetics and neighborhood acceptability. Alternatives to existing chlorination disinfection have not been proposed due to industrial wastewater flows to the Northeast WWTP. Mitigative measures are indicated to protect floodplains and specified waterways shown on Hickory's floodway maps. In addition, the land development code states that "minimum peak flow reducing water control requirements shall provide control measures to control velocities or other velocity related problcros at the exit of all storm water management facilities and downstream" and that if the state or federal governments have more restrictive requirements, the more restrictive requirement will be used. ' Although we do not discern that significant direct impacts will occur for the WWTP improvements, ancillary Cumulative and Secondary Impacts (CSI) may be more likely than indicated. We previously indicated that CSI issues should be reviewed and addressed (NCWRC letter, April 22, 2004). On our websit-- at 1ttl �:I/�vr�n�.1�c�vildlife.or rf U07 t _i_l[11ifeSoeciesCon/p417c.3 imuactudf we have discussed CSI issues in depth. We also recommended the use of Law Impact ' Development techniques (LID) to improve water quality and protect aquatic habitats. Low Impact Development (LID) techniques are still encouraged for all new developments and redevelopment efforts. Information do 1_,11) practices and measures cart be found at 'w,,v.lowimpactde,�elopment.orV. The extension into Alexander County where septic tank problems are indicated may encourage denser development and redevelopment causing additional stormwater and hydrograph modifications that increase ' urban pollutants_ In addition, redevelopment in the existing service area may occur where good storTnwater protection measures could provided improvcd beneFt to water quality and aquatic habitats_ If this isn't the case, project proponents should clearly show ' why these indirect impacts can not occur. OLIA 1287, Hickorynortheast 3 October 6, 2004 Wastewater Improvements Our review of the submittal accentuated concerns about negative impacts of combined sewers. The potential for relocating portions of Falling Creek concerns us as existing 1 terrestrial and aquatic habitats could be impacted directly and indirectly from the relocation and from poor management of stormwater and development issues. CS1 impacts will stream and .wetland impacts occur inadvertently when using maps for stream and wetland identification purposes. Combined sewers should be separated routinely as problems and opportunities arise_ ' New or replacement sewer system lines should be placed along the edge of floodplains instead of along creeks so that undiminished floodplains can provide flood assimilation and so that streams are protected so that opportunities to restore creeks and wetlands are ' not deterred by the sewer line. Instead of using maps to determine where waters are present, standard field delineation methodologies used by the US Army Corps of Engineers and the NC Division of Water Quality should be required and utilized. To help avoid CSI storrnwater issues and maintain hydrographs, the following minimal steps should be required by local ordinances: ' I. Prior to tree removal and site clearing activities on a proposed development site and prior to local- site planning and zoning approvals, all jurisdictional waters and wetlands should be professionally delineated pursuant to the Clean ' Water Act (CWA) using US Army Corps of Engineers (COE) and NC Division of Water Quality (DWQ) criteria. This should be accomplished as part of the developer's due diligence and site evaluation process. CWA ' pern-.its are required for driveways, parking lots, road Crossings and utility (including sewer) lines that impact waters of the Uiuted States. Should impacts occur to jurisdictional waters or wetlands; storrmvater management should Ire provided. agricultural or forestry exemptions must no! be alllvjed when tlae ultimate use of a property will be a development. 2. Jurisdictional streams, wetlands and hibhh, erodible area buffers should be ' maintained or restored as undisturbed forested buffers. In watersheds s,�ppnr+;ng listed species, these bu!Ters should by 100' for intermittent channels and 200' for perennial channels. In «watersheds without Iisted Species, these bLifers should be 50' and 100' rest F.,cli„ely. $nil .rs sho-uld be permanently preserved as common conservation areas instead of subdivided. Local. authorities should keep sewer lines, water lines, and other utifities ou! of riparian buffers. 3. Stormwater managernenL <hnuid— maintain, to the extent possible, pre development hydrographic conditions_ Stonmi-ater control measures should be implemented belbre '-,ices surfaces reach 10% for most watersheds and 6 % for watersheds with listed species present downstream. Low Impact Develeprrent (LID) techniques are enco-_:raged for all new developments and redevelopment elforts: .Information on LID practices and measures can be found at www.lowimpactdevelopment.org. Maintenance of hydrographic issues is needed to reduce downstream channel destabilization and bank ' erosion. Stornwater management ponds should be forested (excluding dams), with native plants !o reduce thermal impac!s to ,Ar2!ers. OLIA 1297, Hickory i,..,rthcast 4 October 6, 2004 Wastewater Improvements 4. Fill in Federal Emergency Management Agency designated floodplains as well as CWA jurisdictional water floodplains should be prohibited. (This is an essential and important maintenance component of item number three above-) Enti-e flo—dpla-n areas should be protected as undisturbed Corested a ---as in benefit local air and water qualify. In addition to the above reiterations, we continue to be concerned about the extensive use ofchlarirle and declorination disinfe:.:ior; processes !lrouehout the state. We corainue to recommend that alternate processes be used and that any plant modifications coincide with modifications cf pretreatment permit requirement, (color rer. oval, etc.) that allow 20tcrPat2 disinfection rneNodcicaics. ' 1n closing, we would like to see additional project proponent evaluation of any potential CST issues and Moreased evaluation of mitigation options as discussed in our previous ' letter and as reiterated above (also see our CSI docurnent) if full build out has not been rea--?ed 7n the municit al service area. Additional dieta,;Is should bt-- provided Suppeainn the statement that chorine disinfection practices cannot he changed to other non chemical ' m—theds. Gtnarally, ,tire do not cl✓;pct to the 201 flan arnendmt:nts or to the EA iriht, municipal -,service area is already at full build out Status; however, .ve continue to rcconur:erd l-1p.-ctir�;mcnts to land sttwardl n ng nr2cti should nrrtirir�a+ r. _ ship and planning -� ces that s u ' long-term benefits to wildlife resources while promotusg a healthier environment for the ci-L.ZCnS 4f-, a-; Side Gf Noi-L h CaroIIna ;` c1;1 huI'U out has not ocCLuTcd. ' Thank you for the opportunity to revicv! o-A --.r3I Tlent 0:1 tl?! nrn;? ,—t. if VO" hm�'r any; Lylt�Si!{5!'1ti re`,•a-r]���`F rl'Ls� L'C�i211]]elit�, please '0i'.t�L: !?1�• a?. �:(.•,17t�_C]�,5;. OF xNA7 Michael F. Easley Governor J; William G. Rcss, Jr., Secretary 3 NCDENIZ North Carolina Department of Envirnnment and Natural Resources Alan W. Klimek, P.E., Dircctor Division of Water Quality October 15, 2004 CEIVEID OCT 13 '--OC4 To: Hannah Stallings Environmental Assessment Coordinator ' Construction Grants & Loans Section From: Sergei Chernikov, Ph.D. Environmental Engineer I NPDES unit ' Re: City of Hickory — Upgrade and Expansion of the Northeast Wastewater Treatment Plant Project Number: CS3 703g9- it- The NPDES Unit has reviewed the City of Hickory's 201 Facilities Plan/Environmental Assessment and has to object to the approval of the project. The City of Hickory requested Speculative Limits from NPDES Unit on April 22, 2004. Due to the concerns regarding nutrient enrichment in the Lake Hickory we were unable to provide speculative limits. LThe NPDES Unit recommended that the applicant conduct more extensive, modeling, to determine the impact of expanded discharge into Lake Hickory. It was also suggested that a dilution model be developed for the expanded flow, which is necessary to deternaine the dilution of the discharge ' We are unable to evaluate design of the proposed WWTP before Speculative Limits are calculated. A copy of the letter sent to the city's consultant is attached for your review. cc: Permit File Melba McGee Central Files N. C. Division of Water Cuah!y / NPDES Unit 1617 -MO ServIce Center, Paleiah, IUC 27699-1617 Intemel: P,2o.er:.stcle.Rc..s ZIO-� ZZ0/EA 6 9SI-1 ezzH 1L616 Phone:1919) 733-5083 fax; (919) 733•0719 DcNR Custome, Seyice Centert BAG 623-7748 surol puy sluejg ViVE0:ll 7002-61-ACN United States Department of the Interior FISH AND W[LDI.,IFE SERVICE Asheville Field Office 160 Zillima Street "Votevil1c, Norsh Carolina 29SU1 October 25, 2004 Ms. Hannah Stallings Environmental Assessment Coordinator Construction Grants and Loans Section North Carolina. Department of Environment and Natural Resources 1633 Mail Service Center Raleigh, North Carolina 27699-1633 Dear Ms. Stallings: r VCn I�C�ly EV 791 ' Subject: Environmental Assessment for the Proposed Upgrade and Expansion of the City of Hickory's Hickory Northeast Wastewater Treatment Plant, Catawba County, North ' Carolina We received vottr letter of September 22, 2004, in which you requested our comments about the ' subject project. We previously commented on this project in a letter to Mr. Marty 'Watson of Hayes, Seay, Ma€tern & Mattern, Inc., dated April 29, 2004. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.G. 661-667e), and section 7 ofthe Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). As stated in our letter to Mr. Watson, while we believe the proposed upgrades to the Hickory Northeast Wastewater Treatment Plant (WWTP) will result in an overall improvement in effluent quality and a decrease in nutrients and other pollutants, we have concerns regarding the secondary and cumulative impacts of this project and the use of chlorine as a disinfectant. The subject Environmental Assessment does not address alternatives to chlorine nor does it adequately address the secondary and cumulative development impacts induced by the increased capacity of the proposed expansion of the WWTP. In fact, the Environmental Assessment specifically states that there are "no apparent impacts of the proposed City of Hickory's Northeast WWTP Upgrade on wildlife and natural vegetation in the area." And even though a ' 41-percent increase in population is expected in the service area over the next 20 years, the Environmental Assessment further states that the "proposed alternative will not have an adverse effect on the environment." 7 Additionally, the Environmental Assessment states that the proposed project may have impacts on the federally threatened dwarf -flowered heartleaf (Haxastylis naniflora), both directly and cumulatively. If impacts to federally listed species are possible, formal consultation with our office should be initiated. Rather than reiterate our previous comments and justification for our concerns, we are enclosing a copy of our letter to Mr. Watson for your review. Please do not hesitate to contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229,.if you have any questions regarding our comments. We have assigned our Log No. 4-2-04-191 to this project; please refer to it in all future correspondence directed to us concerning this matter. Sincerely, low i 1 Brian P. Cole Field Supervisor Enclosure cc: Mr. Ron Linville, Regional Coordinator, Habitat Conservation Program, North Carolina Wildlife Resources Commission, 3855 idlewild Road, Kcrnersville, NC 27284-9180 1 1-1 11 North Cv-olina Ai a Department of Environment wn f Natural Rc°sourCc5 FOREST' �..�.. SERVIC P, ' N_ DENR Michael F. Easley, Governor ��'illi tm G. Ross Jr., Secretary*C -- Mr, Marty Watson HSMM, Inc. 181 East Evans Street Suite 23 BTC-105 Florence, SC 29506 Dear Mr. Watson: North Carolina Divisioi of Forest Re."OUrCLi Stanford M. Adams. Director MAY 2 1. 2004 l i Y• 2411 Old US 70 West Clayton, NC 27520 May 18, 2004 The North Carolina Division of Forest Resources has reviewed your scoping letter for the proposed upgrade and expansion of the Hickory Northeast WWTP. Our comments concerning the impacts of the project to forest resources that should be addressed in the EA are provided below. In general the construction of a wastewater facility has little impact to forest resources particularly if site selection is made to avoid wooded areas. Since the construction is on the existing site impacts to forestland is minimal. We are concerned that the construction of this facility will encourage further growth and development in this area and the subsequent loss of the available forest resource base. Cumulative and secondary impacts should be addressed in the EA. Particularly, an estimate of the number of acres of forestland that will be lost or become unavailable due to development attracted to the area by construction this facility. We appreciate the opportunity to comment on the proposed project and look forward to further correspondence. If you have any questions please contact me at 919 553-6178 ext 233 Sincerely, Bill Pickens Staff Forester -Environmental Documentation 1 Cc Barry New 1 1016 Ivhd Service Center, R,ileigh, North Carolina 27099-160 1 Phoiw- 919 — 73 1-2162 1 FAX 91 9 — 73 i-0I N L internee- www dflr state. nr. lvS V United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field office NMY 5 200.4 150 Zii[icoa Street Asheville, North Carolina 2$E01 April 29, 2004 Mr. Marty Watson Hayes, Seay, Mattern & Mattern, Inc. 181 East Evans Street Suite 23, BTC-105 Florence, South Carolina 29506 Dear Mr. Watson: Subject: Proposed Upgrade and Expansion of the City of Hickory's Hickory Northeast Wastewater Treatment Plant, Catawba County, North Carolina We received your letter of April 5, 2004, in which you requested our comments about the subject project. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). While we believe the proposed upgrades to the wastewater treatment facility will result in an overall improvement in effluent quality and a decrease in nutrients and other pollutants, we have concerns regarding the secondary and cumulative impacts of this project and the use of chlorine as a disinfectant. Chlorine is acutely toxic to aquatic organisms and forms secondary compounds tthat are also detrimental to aquatic life; therefore, we prefer ultraviolet (UV) disinfection. Additionally, some of the compounds produced by dechlorination, while preferable to chlorine, are also toxic to aquatic organisms. We believe the environmental assessment for this project should investigate alternatives to chemical disinfection, such as UV or ozone, to avoid the negative environmental effects of the chlorination process. Your letter states that "The purpose of the project is ... to. allow for future service...." The environmental assessment for this project should identify secondary and cumulative impacts that t would occur as a result of the proposed project, including increased development and the associated impacts to air and water quality (increased storm flows, decreased base flows, habitat fragmentation, introduction of exotic species, and decreased aesthetic and recreational values). The assessment should also identify any inadequacies in existing ordinances as well as planning and zoning requirements that do not appear to address cumulative impacts of future urban growth and associated increases in impervious surface area. Unless measures to protect riparian buffers and to manage storm water are implemented, our position will be that the water quality and aquatic Iife in this watershed will not be adequately protected. At a minimum, we recommend 50-foot-wide buffers on intermittent streams and 100-foot-wide buffers on perennial streams. Buffer minimums should be doubled on streams that are known to contain, or influence waterways that contain, federally protected species. We also remind you that Executive Order 11988 requires federal agencies to consider and protect floodplain functions. We believe the recent examples of flooding in the state highlight the importance of avoiding the "... long- and short-term impacts associated with the occupancy and modification of floodplains ..." and that we should "avoid direct and indirect support of floodplain development ...." We are concerned about the potential loss of floodplain functions and modifications of wildlife habitat within the floodplain in this area. Additionally, allowing any fill in the floodplain will alter the volume of water the floodplain will hold, thus altering the extent of the floodplain. Any floodplain fill will necessitate recalculating and redrawing the 100-year floodplain. This, undoubtedly, will (1) lead to a. floodplain that contains property and facilities that once were not in the floodplain, (2) cause flooding in new areas, and (3) have negative impacts on fish and wildlife resources. We also want to reiterate that the construction of roadways in new neighborhoods can produce tshort-term direct impacts as well as long-term cumulative effects. Studies have shown a serious decline in the health of receiving waters when 10 to 15 percent of a watershed is converted to impervious surfaces. We suggest that the City of Hickory and Catawba County work to limit impervious surfaces to no more than 7 percent, limit curb and gutter in new developments, and prevent direct discharges of storm water into streams. Ale recommend the use of grassed swaies in place of curb and gutter and on -site storm -water management (i.e., bioretention areas) that will ' result in no net change in the hydrology of the watershed. These designs often cost less to install and significantly reduce environmental impacts from residential development. At this stage of project development and without more specifics about construction locations or techniques, it is difficult for us to assess potential environmental impacts (direct, indirect, or ' cumulative). Additional potential impacts that should be addressed include any additional development(s) that will use the new sewer line and stream crossing during the installation of the line. We recommend that any environmental document prepared for this project include the tfollowing. 1. A complete analysis and comparison of the available alternatives (including a no -build alternative). 2. A description of the fishery and wildlife resources within existing and required additional rights -of -way and any areas, such as borrow areas, that maybe affected directly or indirectly by the proposed project. 3. The acreage and a description of the wetlands that will be filled as a result of the proposed project. Wetlands affected by the proposed project should be S mapped in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. We recommend contacting the U.S. Army Corps of Engineers to determine the need for a Section 404 Clean Water Act permit. Avoiding and minimizing wetland impacts is a part of the U.S. Army Corps of Engineers' permitting process, and we will consider other potential alternatives in the review of any permits. 4. The extent (linear feet as well as discharge) of any water courses that will be impacted as a result of the proposed project. A description of any streams should include the classification (Rosgen 1995, 1996) and a description of the ' biotic resources. 5. The acreage of upland habitat, by cover type, that will be eliminated because of the proposed project. G. A description of all expected secondary and cumulative environmental impacts associated with this proposed work. 7. A discussion about the extent to which the project will result in the loss, ' degradation, or fragmentation of wildlife habitat from direct construction impacts and from secondary development impacts. tS. Mitigation measures that will be employed to avoid, eliminate, reduce, or compensate for habitat value losses (wetland, riverine, and upland) associated with any phase of the proposed project. The North Carolina Wildlife Resources Commission has developed a "Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality" that we support and encourage you to use. It can be accessed via the Internet as follows: http://www.ncwildlife.orglpg07 wildlifespeciesconlpg7c3_inipacts.pdf. We also recommend that you review the Environmental Protection Agency's suggestions for low -impact development for water quality protection, as well as other useful information on their web site, at http://www.lowinipacidevelopi?ient.orglEPA03.htni. Without a detailed description of the habitat within the proposed project area, we are unable to assess the species that could potentially be affected by the proposed project. Therefore, enclosed is a list of species from Catawba County that are on the Federal List of Endangered and Threatened Wildlife and Plants and federal species of concern that may occur in the project impact area. The legal responsibilities of a federal agency or its designated nonfederal representative under section 7 of the Act are on file with the Environmental Protection Agency. We recommend surveying the project area for these species in suitable habitat within the project 1 area before any further planning or on -the -ground activities to ensure that no adverse impacts occur to these species. Federal species of concern are not legally protected under the Act and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. We are including these species in our response to give you advance notification. The presence or absence of these species in the project impact area should be addressed in any environmental document prepared for this project. Please do not hesitate to contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229, if you have any questions regarding our comments. We have assigned our Log No. 4-2-44-191 to this project; please refer to it in all future correspondence directed to us concerning this matter. Sincerely, Brian P_ Cole Field Supervisor Enclosure cc: Mr. Ron Linville, Regional Coordinator, Habitat Conservation Program, North Carolina Wildlife Resources Commission, 3855 Idlewild Road, Kernersville, NC 27284-9180 InW ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL ' SPECIES OF CONCERN, CATAWBA COUNTY, NORTH CAROLINA ' This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a listing, for Catawba County, of North Carolina's federally listed and proposed endangered, threatened, and candidate species and Federal species of concern (for a complete list of rare species in the state, please contact the North Carolina Natural Heritage Program). The information in this list is compiled ' from a variety of sources, including field surveys, museums and herbaria, literature, and personal communications. The North Carolina Natural Heritage Program's database is dynamic, with new records being added and old records being revised as new information is received. Please note that this list ' cannot be considered a definitive record of listed species and Federal species of concern, and it should not be considered a substitute for field surveys.. Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated or proposed. Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur. However, projects may have effects on downstream aquatic systems in adjacent counties. COMMON NAME SCIENTIFIC NAME STATUS 1 CATAWBA COUNTY Invertebrates Catawba crayfish ostracod Dactyloctythere isabelae FSC Vascular Plants Dwarf -flowered heartleaf Hewastylis nanijflora Threatened Sweet pinesap Monotropsis odorata FSC KEY: Status Definition Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." FSC A Federal species of concern --a species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient infonmation to support listing). 1 November 12, 2003 Page I of I i\ortl1 C:u-olina , , ; I 1 Departrnent or Environment and i Nimh Carolina �► Natural Resources FOREST Division of Forest Resource, ..r. f..�. SERVICE ' 1licli.Iel F. Easicy, Governor Stanford M. Adams, Director NCDE'N'R Willi:u» G. Ross Jr., Secretary N C t3T'-11 4; 2411 OId US 70 West Clayton, NC 27520 MAY 2 1 2004 ; May 18, 2004 Mr. Marty Watson 1 iSMM, Inc. 181 East Evans Street Suite 23 BTC-105 Florence, SC 29506 Dear Mr. Watson: The North Carolina Division of Forest Resources has reviewed your scoping letter for the proposed upgrade and expansion of the Hickory Northeast WWTP. Our comments concerning the impacts of the project to forest resources that should be addressed in the EA are provided below. In general the construction of a wastewater facility has little impact to forest resources particularly if site selection is made to avoid wooded areas. Since the construction is on the ' existing site impacts to forestland is minimal. We are concerned that the construction of this facility will encourage further growth and development in this area and the subsequent loss of the available forest resource base. Cumulative and secondary impacts should be addressed in the EA. Particularly, an estimate of the number of acres of forestland that will be lost or become unavailable due to development attracted to the area by construction this facility. We appreciate the opportunity to comment on the proposed project and look forward to further correspondence. If you have any questions please contact me at 919 553-6178 ext 233 Sincerely, Bill Pickens Staff Forester -Environmental Documentation 1 Cc Barry New 1616 Mail Service Center, 1ZzfleiLdi, Nonh Carolina 27699-1601 Pliono' 1) 19 — 7ii-2162 1 F AX 9 i 9 -- 7 i i-01 iS 1 1wo.rnr.rLvww dfi state nc w; APR 2 8 %10 North Carolina Department of Cultural Resources --'----- State Historic Preservation Office Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary Office of Archives and History April 21, 2004 Marty Watson Hayes, Seay, Mattern & Matters, Inc. 181 last Evans Street Suite 23 BTC-105 Florence, SC 29506 Division of Historical Resources David L. S. Brook, Director Re: Environmental Assessment of City of Hickory's Northeast %V%V'fP Expansion, Catawba County, ER04-0910 Dear Mr. Watson: Thank you for your letter of April 5, 2004, concerning the above project. ' We have conducted a review of the proposed undertaking and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the undertaking as proposed. tThe above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with ' Section 106 codified at 36 CI~R Part 800. Thank you for your cooperation and consideration. If you have questions concerning the ' above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above - referenced ~racking number. Sincerch, )-IJa'%=id Brook U www.hpo.dcr.state.nc.us Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 27699-4617 (919) 733A763 9733-8653 ' RESTORATION 515 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 27699-4617 (919) 733-6547 •715-4801 SURVEY & PLANNING 515 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 27699-4617 • (919) 733-4763 97154801 ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director April 22, 2004 Mr. Marty Watson HSMM Architects, Engineers, Planners 181 East Evans St., Suite 23 BTC-105 Florence South Carolina 29506 RE: Proposed Project Environmental Assessment, City of Hickory Northeast Wastewater Treatment Plant (WAITP) Expansion, Catawba County Dear Mr. Watson: This correspondence is in response to your letter of April 5, 2004 concerning preparations to conduct and prepare an Environmental Assessment for the referenced project. The North Carolina Wildlife Resources Commission (NCWRC) is authorized to comment and make recommendations which relate to the impacts of this project on fish and wildlife through the Federal License of Water Resource Project Act (Federal Power Act-16 U.S.C. 791a et seq.), and the Fish and Wildlife Coordination Act (48 Stat, 401, as amended; 16 U_S.C. 661-667d) and the Clean Water Act of 1977 (as amended). The project will be to upgrade and expand the City of Hickory's Northeast WWTP from 6.0 Million Gallons per Day (MGD) to 9.0 MGD. The project includes various headworks and Instream treatment facility improvements, including enlargement of the chlorine contact chamber and the conversion of gaseous chlorine and sulfur dioxide to liquid sodium hypochlorite and sodium bisulfite for chlorination and dechlorination processes. Several feet of influent piping will be necessary for force mains and gravity sewers. All construction activities are proposed to take place within or near the existing WWTP with the exception of a possible administrative building and learning center on five (5) acres south of the WWTP. We have previously commented on a sewer line project in the Henry Fork basin. It is not clear whether or not these two projects are connected. If they are connected, our comments for that project sllould be reviewed for additional issues and concerns. Direct impacts from this WWTP project appear to be minimal. Secondary and cumulative impacts could be considerable as development will be increased by additional wastewater treatment capacity_ Accordingly, we recommend that you visit our website at http:1.hv«vtv.ncx ildlife.ors,1pt-,07-% ildlifeSpecic%Con.;pL,7c3_impacts.pd for information on evaluating indirect impacts associated with the project and specific recommendations to minimize secondary and cumulative impacts. We recommend that the City of Hickory evaluate and consider Low Impact Development (LID) techniques during this process. Information on LID measures can be found at �ti «u .lo�vi��1p_actd� elopn�ent.or��, It is our understanding that the City is considering LID techniques for the Henry River Overlay District. The implementation of local Planning and Zoning Ordinances using LID Mailing; Address: Division ref inland Fisheries • 1721 Mail Servicc Center ► R:ticigli, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 - Fax: (919) 715-7643 Hickory Northeast 2 April 22, 2004 WWTP Expansion techniques should provide better stewardship of natural resources and help the City gain resource and regulatory agency concurrence. Based on the information found at the LID website, LID techniques are cheaper than standard stormwater treatment facilities (ponds), use less land, and provide improved water quality and reduced secondary impacts when they are properly planned and implemented. ' Efforts should be made during local land use planning to incorporate stormwater management and riparian protection to protect natural stream and wetland buffers and ecosystems. We recommend protecting the entire 100-year floodplain from fill and ' development. A no net loss of storage capacity is recommended. These areas can provide green ways or natural parks as well as provide stormwater retention and filtration. We recommend maintaining maximum available forested buffers along perennial and intermittent streams. If maintained in forest, these areas will provide both recreational and aesthetic amenities while protecting riparian habitat and water quality. In addition, a comprehensive stormwater management plan is recommended to protect area streams from urban pollutants that will be generated by urban imperviousness. ' At this time, the information provided does not address current conditions in existing or expanded service area(s) nor does it address anticipated secondary and cumulative impacts sufficiently enough for us to make definite conclusions or recommendations concerning long term impacts to the area and the watershed(s). Should there be significant growth caused by additional sewer extensions into undeveloped areas or rural areas, these impacts should be addressed through additional environmental reviews unless these have been previously covered. Routinely, if anticipated impacts are significant, an Environmental Impact Study (EIS) may be appropriate. If the impacts are not significant, an EA or mitigated EA may be sufficient. The attached information ' should be helpful in evaluating secondary and cumulative impacts_ They also provide specific comments about utility installations. ' We are concerned about the continued use of chlorine and dechlorination as these chemicals contribute to aquatic habitat degradation and impacts to aquatic life, especially mussels and young aquatic organisms. Chlorine is acutely toxic to aquatic organisms and forms secondary compounds that are also detrimental to aquatic life. We have concerns ' regarding ammonia concentrations. Freshwater mussels are among the most sensitive aquatic organisms tested for impacts from ammonia, and ammonia may be a significant limiting factor for unionids (Augspurger et al., in press). Recent research by Augspurger ' et al. (in press) found that ammonia concentrations which may be protective of freshwater mussels range from 0.3 to L0 mg/L total ammonia as N at pH 8. We recommend a reevaluation of chlorine and ammonia limits based on the research discussed above and readjusting permit limits accordingly. Please contact Tom Augspurger with the U.S. Fish ' and Wildlife Service at (919) 856-4520 for additional information. During WWTP expansion, we recommend converting to a non chemical disinfection ' processes like ozone or ultra -violet. We do not support the use of chlorine for emergency disinfection purposes and recommend that routine operating procedures at the plant be modified so that chlorine will not be stored or used at the facility. If not already in place, we suggest the installation of a dual or stand-by power in order to ensure undisturbed toperation of the WWTP and disinfection system. Please be advised that this letter does not indicate approval of the proposed project. The ' Environmental Assessment must go through the Office of Legislative and Intergovernmental Affairs for official state agency review and action. This letter is provided to assist you as you begin that process. 1 Hickory Northeast 3 April 22, 2004 WW'fP Expansion Thank you for the opportunity to comment on this project during the early planning stages. If you have any questions regarding these comments, please contact me at ' 336/769-9453 . Sincere Ron Linville ' Regional Coordinator Habitat Conservation Program ' Literature cited: ' Augspurger, T., A. E_ Keller, M. C. Black, W. G. Cope, and F. J. Dwyer (in press) Derivation of water duality guidance for protection of freshwater mussels (Unionidae) from ammonia exposure. Environmental Toxicology and Chemistry. Attachments: General Guidelines for Environmental Reviews Utility Line and Sewer Line Avoidance and Minimization Recommendations Piedmont Stormwater Pond and Mine Planting Recommendations Cc: Melba McGee, OL.IA Mark Cantrell, USFWS Asheville Tom Augspurger, USFWS Raleigh, USFWS Raleigh Hickory Northeast 4 April 22, 2004 WWTP Expansion General Guidelines for Environmental Reviews Due to staff limitations, this standardized response was developed. Although some of the information, requests and comments may not be applicable to certain projects, these guidelines should facilitate preparation of fish and wildlife Environmental Assessments (EA) or Environmental Impact Statements (EIS). in addition to addressing site specific concerns, the environmental document should include a detailed assessment of existing, natural resources within the areas of potential development and should discuss the potential of mitigating development impacts to wetlands, streams and high quality floodplain and upland habitats. To provide a meaningful review of the EA or EIS prepared for the project(s) secondary and cumulative impacts, we request that project consultants and sponsors provide the following information: ]) Description of fishery and wildlife resources within the project area, including a listing of federally or state designated threatened, endangered, or special concern animal and plant species in the project area and any areas that may be impacted by secondary or cumulative impacts within the sub -basin. A listing of designated species can be developed through consultation with the North Carolina Natural Heritage Program (919/715-8703) or the US Fish and Wildlife Service (828/258- 3939). 2) Description of waters and/or wetlands affected by the project(s). 3) Project map identifying wetlands and intermittent as well as perennial streams in the area. Identification of wetlands may be accomplished through coordination with the U.S. Army Corps of Engineers. If the Corps is not consulted, the person delineating wetlands should be identified and criteria listed. 4) Description of activities that will occur within streams and wetlands, such as fill or channel alteration. Acreage of wetlands impacted and linear feet of stream channels to be relocated, channeled, culverted or disturbed by some other means by alternative project designs should be listed. 5) Description of project site and non -wetland vegetative communities. 6) Description and cover type map showing acreage of upland wildlife habitat impacted by the project. 7) Discuss the extent to which the project(s) will result in loss, degradation, or fragmentation of wildlife habitat. 8) Discuss any measures proposed to avoid or reduce impacts of the project or to mitigate for unavoidable habitat losses. Hickory Northeast 5 April 22, 2004 WWTP Expansion 9) Discuss the cumulative impacts of secondary development facilitated by the proposed utility improvements and any interrelated infrastructure projects, especially the impacts to water quality and habitat in the impacted watershed(s). Such discussion should weigh the economic benefits of such growth against the costs of associated environmental degradation. (a) Include specific measures that will be used to address stormwater at the source. Include specific requirements for both residential and industrial ' developments and BMPs that will be required. (b) Include specific measures that will be used to protect Clean Water Act ' jurisdictional waters, stream corridors, riparian habitat and a minimum of a I ON year floodplain (every stream has a floodplain). (c) Include specific measures that will be implemented to promote water conservation and wastewater reuse- (d) Include a discussion of any other local ordinances or programs (e.g., industrial pretreatment, infiltration and inflow management, farmland preservation, habitat restoration/preservation, and recycling) that wil I mitigate the impacts of development. 10) Discuss the use of any mitigation, preservation, deed restrictions, and conservation plans and management objectives. These should include detailed site descriptions and maps. A determination concerning which agency or entity (e.g. land conservancy) will own and manage the easements or property should be included. A Note: A list of document preparers should be provided that provides each individual's professional background and qualifications. Hickory Northeast 6 April 22, 2004 WWTP Expansion Utility Line and Sewer Line Avoidance and Minimization Recommendations Measures to avoid or minimize impacts to sensitive resources, including wetlands, should be implemented during all phases of construction associated with the area. Where impacts to wetlands (and waters) are unavoidable, we will recommend mitigation of the losses. In addition to providing wildlife habitat, wetland areas perform the important ' functions of flood control and water duality protection. Whenever possible, utility lines should be placed along existing right-of-ways along roads and previously impacted corridors. Pumping may be economically feasible where direct or secondary impacts can ' be avoided in sensitive habitats. To avoid or minimize stream and wetland impacts during construction of utility lines, we offer the following generalized recommendations that should be incorporated into project plans, - Construction corridors should be no wider than absolutely necessary. The 401 certification for Nationwide 12 stipulates that wetland construction corridors are not to exceed 40 feet and permanent maintained corridors are not to exceed 10 feet except at access points. The NC Division of Water Quality's 401 Certification for utility lines should be followed specifically for all jurisdictional impacts. 2) Where crossings are necessary, sewer lines should cross streams at right angles to minimize impacts to riparian areas. Disturbed stream banks and wetlands must be restored to original contours and revegetated with native plant materials such as silky dogwood (Corpus amonum), silky willow (Salix sericea) and hazel alder (Ahms serrulata). 'Riprap may be used to stabilize the bank in the area of the ordinary high water stage and vegetation (bioengineering) should be used above this stage_ Aquatic life passage must not be hindered during low flows upon project completion. Directional boring is the preferred method of crossing iurisdictional waters and wetlands, esaecially where soil characteristics may cause land to be susceptible to secondary impacts. Directional boring allows existing riparian rooted vegetation to remain established which reduces direct and indirect stream impacts. 3) Utility lines crossing streams should be buried in the stream bottom or attached to existing bridges to maintain fish movement upstream and downstream and prevent debris from collecting at the pipe and causing a hydrologic change_ We do not recommend installing priers in a stream channel to support a sewer line. 4) 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. 5) An undisturbed buffer zone should be left between streams and all construction. We prefer a buffer zone of at least 100 feet to control sedimentation into streams, Hickory Northeast 7 April 22, 2004 WWTP Expansion provide shade, and maintain a travel corridor for wildlife. Buffers should also be left along intermittent drains or streams. Following floodplain edge contours with utility lines is preferable to following the riparian zones and streams. 5) Temporarily disturbed wetlands should be reseeded with annual small grains appropriate for the season (e.g. oats, millet, rye, wheat, annual lespedeza or rye grass) and be allowed to revert to native natural wetland vegetation. 7) A portion of the upland right-of-way (minimum of one acre) should be planted with native plants whenever possible_ Sewer lines are typically planted with VA- 70 lespedeza, Kobe lespedeza, ladino clover, and/or partridge pea to provide food and additional habitat for wildlife. (See attached Piedmont Stormwater Pond and Mine Planting Recommendations for additional piedmont general plant information and rccommendations.) 8) Slash and/or large trees available form corridor construction through forested and stream corridors should be placed along the permanent right-of-way in the form of brush piles and downed logs to provide cover and nesting habitat for wildlife. 9) If necessary, ROW areas should be mowed not more than once every 2-3 years. ' Mowing should not occur between April 1 through September 30 in order to avoid disturbing wildlife utilizing the project corridor during the critical stages of nesting and rearing of young. 10) Stringent erosion control measures should be implemented where soil is disturbed and maintained until project completion. 1 11 } Temporary or permanent herbaceous vegetation should be planted on all bare soil within five (5) to ten (10) days of ground disturbing activities to provide long- term erosion control. A "seed as you go" strategy should be used rather than allowing large disturbed areas to remain bare. Hickory Northeast 8 April 22, 2004 W WTP Expansion Piedmont Stormwater Pond and Mine Planting Recommendations Instead of using the typical fescue grasses or exotic plant species, the following mixtures should be considered for lower elevation stormwater ponds and mine sites: Spring/Summer Mixture, May I - Sept. 15 Browntop millet 20 Ibs/a Kobe lespedeza 20 lbs/a Shrub lespedeza 1 Ib/a SNvitchgrass* 51b/a Fall/Winter Mixture, Sept. 15 - April 30 Winter Wheat 120 Ibs/a Kobe lespedeza 20 lbs/a Shrub lespedeza 1 lb/a Switchgrass* 5lb/ac Add to fall or spring plantings: `Tioga' Deertongue (Panicum clandeslinum) at a rate of 7 lbs. Pure Live Seeds (PLS) per acre. ' * When possible on slopes less than 3:1 use Switchgrtss instead of lespcde-ras and on slopes greater than 3: I use Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on soil, slope, and region. Korean lespedeza may be appropriate in colder geophysical areas. We do not recommend Sericea lespedeza. Native plants and wane season grasses are preferred over exotic plants. ' Add one of the following to the above mixture: Creeping Red Fescue 5 lbs/acre Ladino Clover** 5 lbs/acre Atlantic Coastal .Panic Grass 5 lbs/acre (PLS) Alfalfa** 5 lbs/acre (requires fertilizer containing Boron) ** Lime & fertilize disturbed areas according to MRCS soil test results and follow planting guidelines as appropriate and necessary. Depending on elevation and region, other native species may be appropriate. Note that mowing should be limited to late winter or early spring. Mowing should only occur as needed to prevent unwanted tree growth on a 2-3 year schedule. The provision of shade around impounded waters can significantly reduce thermal impacts. Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits: Loblollv Pine* Red Cedar Hickory Sumac Viburnum Green Ash Water Oak Spice Bush Swamp Chestnut Black Gum American Holly White Oak Willow Oak Ironwood Black Cherry Willow (sp) Servicebcrry Silky Dogwood Dogwood Red Maple** Persimmon Red Oak Other species may be utilized depending on site requirements and native plant availability. Pines* should not exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple** may not be appropriate near detention facility dams. Note: Non-native plants included in this list are routinely considered beneficial and/or agriculturally established non -natives- They have been included as ' they are readily available commercially and they do not exhibit many of the negative attributes of other non -natives that tend to spread or inhibit native plant propagation and survival. 1 ! 1 APR 2 w Z004 North Carolina Department of Environment and Natural Resources` w Division of Soil and Water Conservation _ ' AiiehaeI F. Easley, Governor William G. Ross Jr., Secretary'NC-- � FNR David S. Vogel, Director MEMORANDUM: April 19, 2004 ' TO: Melba McGee FROM: David Harrison�� SUBJECT: Hickory Northeast WWTP Expansion. Catawba County. The City of Hickory is purposing an upgrade and expansion of the Hickory Northeast W WTP in Catawba County. ' Indicated construction is restricted to existing property boundaries so there should he no impact to Prime or Statewide Important Farmland. ' Any acquisition of any additional property could affect Prime or Statewide Important Farmland. In that case, the environmental assessment should include information on adverse impacts. A The definition of Prime or Statewide Important Farmland is based on the soil series and ' not on its current land use. Areas that are developed or are within municipal boundaries are exempt from consideration as Prime or Important Farmland. For additional information, the consultants should contact the soils specialists with the Natural Resources Conservation Service, USDA, Raleigh, NC at (919) 873-2141. cc: /Marty Watson ' 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919 — 733-4984 1 FAX: 919 — 715-3060 1 Internet: www.cnr.state.nc.us/ENR/ AA` EQUAL OOPPORTU\ITY \ AITIRXIATIV€ ACTION EIMPLOYER - I( RECYCLED t 1 U% POST CONSUMER PAPER 1 Grl-�I� 'IC4I11CII 11111N1111 Pr.NN111 April 5, 2004 Mr. David S. Vogel Division of Soil & Water Conservation 1614 Mail Service Center Raleigh, NC 27699-1614 Re: Environmental Assessment City of Hickory's Hickory Northeast WWTP Expansion Catawba County, NC HSMM Commission No.60402A Dear Mr. Vogel: r^3 n rir1Fq r.. ,:�SCtI G� � � d'! • lk e�t % }MLA,, �" Aw ✓1 ' Hayes, Seay, Mattern and Mattern, Inc. (HSMM) is beginning to prepare an Environmental Assessment (EA) for the upgrade and expansion of the City of Hickory's Hickory Northeast WWTP (NPDES Permit No. NC0020401). The upgrade will improve the treatment efficiency and replace old and deteriorated equipment and the expansion will increase the capacity of the treatment facility from 6.0 MGD to 9.0 MGD. ' The proposed upgrade and expansion will include the following: 1. Construction of a new headworks facility to house two new mechanical bar screens, two new grit chambers, and a new odor control system. The new structure will be brick masonry with a concrete foundation and an estimated floor space of approximately 1800 square feet. 2. Upgrade of the influent pump station with larger pumps with variable speed drives and addlitiunal rechanical screening, ' 3. Construction of one 3 MGD Biological Oxidation System (BOS) at the south end of the plant's oldest aeration basin. The dimensions of the BOS are 230 feet long by 64 feet wide by 23 feet deep. 4. Demolition and removal of one existing primary clarifier and one existing aeration basin. 5. Installation of two (2) 3 MGD BOS's in the area previously occupied by the primary ' clarifier and aeration basin. The dimensions of each BOS are 230 feet long by 64 feet wide by 23 feet deep. Mayes, Seay, Mottern & Mattern, Inc. ARCHITECTS ENGINEERS PLANNERS 18 i Eost Evans Streel Suite 23 BTC-105 Florence SC 29506 TeL:843.669.4491 Far.:843.6642881 e+noil•hsmrrrflo@hsmrn.com wvw.hsmrn.c®rn ' Mr. David S. Vogel April 5, 2004 Page 2 of 3 6. Demolition and removal of the remaining primary clarifier, remaining conventional aeration basin, and a single tank anaerobic digester. T Construction of one (1) 100' diameter final clarifier and an 80' diameter concrete waste activated sludge storage tank in the space occupied by the single tank anaerobic 1 digester. 8. Construction of one (1) additional 100' diameter final clarifier in the space occupied by the demolished aeration basin. ' 9. Demolition and removal of the CRP digester and secondary container currently on the plant site. ' 10. Construction of one (1) additional 80' diameter concrete waste activated sludge storage tank in place of demolished CRP digester and secondary container. 11. Construction of one (I) 60' diameter thickened sludge holding tank. 12. Replacement of the existing gravity belt thickeners with rotary drum thickeners. 13. Replacement of the existing sludge return pumps. 14. Enlatgement of the chlorine contact chamber to allow for an adequate contact time. The contact chamber will double in length from 55-feet long by 50-feet wide to I IO-feet long by 50-feet wide. 15. Conversion of the existing gaseous chlorine and sulfur dioxide equipment to liquid sodium hypochlorite and sodium bisulfite for chlorination and dechlorination ' applications. 16. Conversion of the existing blower shelter to a process lab and storage area. The ' building expansion should match the architecture of the existing control building. Estimated floor space is 960 square feet (24' x 40'). 17. Installation of the piping detailed below. The total length of influent piping to be installed is approximately I900 Iinear feet. o Approximately 700 L.F. of 18-inch force main to parallel existing 14-inch force mai ll. a Approximately 400 L.F. of 30-inch force main. 1 o Approximately 300 L.F. of 42-inch gravity sewers. o Approximately 500 L.F. of 30-inch gravity sewers. Hayes, seat', Mattern & Mattern, Inc. ARCHITECTS ENGINEERS PLnNNFRS Mr. David S. Vogel April 5, 2004 Page 3 of 3 All construction and demolition activities associated with the treatment plant upgrade and expansion will take place within the boundaries of the current Hickory NE WWTP property or in the area of existing influent pump station, which is an area of approximately 10 acres. The total footprint of the upgrade and expansion is approximately 118,000 square feet or 2.7 acres of land. In addition to the treatment facility upgrade and expansion the City is considering an administrative building and learning center for construction on approximately five acres of city property south of the existing WWTP. The purpose of the project is to upgrade treatment efficiency, to eliminate overloading of the current influent pump station, and to allow for future service to the existing NE WWTP drainage area. HSMM is submitting this scoping letter, proposed site layout, and location map on behalf of the City of Hickory to determine what elements should be included in the environmental document. Please review this letter and enclosures for any environmental aspects your division feels need to be addressed in the Environmental Assessment. Please let me know if additional information is required for agency review, 1 Sincerely, HSMM W� Marty Watson JMWljmw Enclosures: As noted Copy to. Environmental, Project, and Reading Files Hayes, 5eay, Mattern & Mattern, Inc. ARCHITECTS ENGINEERS PLANNERS APPENDIX C OPINIONS OF PROBABLE COSTS Opinion of Probable Project Cost Hickory NE WWiP Upgrades Hickory/Catawba County 09-Aug-04 Item Description Estimated Unit Unit Price Amount Total Quantity 1 DEMOLITIONIREMOVAL Concrete Structures 8,200 CY $100.00 $820,000.00 Mechanical Equipment 1 EA $150,000.00 $150,000.00 $970, 000.00 2 SITE WORK Flow Distribution Structure 60 CY $450.00 $27,000.00 30" Gravity Sewer 500 LF $90.00 $45,000.00 42" Gravity Sewer 300 LF $145.00 $43,500.00 42" Outfall Sewer 2,000 LF $135.00 $270.000.00 30" Force Main 400 LF $65.00 $26,000.00 Fence 800 LF $21.00 $16,800.00 Erosion Control 1 EA $37,750.00 $37,750.00 Seeding 1 EA $30.500.00 $30,500.00 Submersible Pumping Station 1 EA $96.000.00 $96,000.00 $592,550,00 3 HEADWORKS Mechanical Bar Screen 2 EA $77.000.00 $154.000.00 Grit Removal Equipment 2 EA $86,000.00 $172,000.00 Installation 1 EA $56,500.00 $56,500.00 Building 1.800 SF $140.00 $252.000.00 Caustic Storage tank 1 EA $20.500.00 $20,506.00 Metering Pumps 1 EA $7,500.00 $7,500.00 Flaw Monitoring 1 EA $16,00a00 $16.000,00 $678, 500.00 4 EQUALIZATION BASIN (2.2 MGD) Equipment 1 EA $375.000.00 $375,000,00 Installation 1 EA $112,500,00 $112.500,00 Concrete 1,403 CY $450.00 $631,350,00 Excavation 47,800 CY $16.00 $764,800.00 Stone 2,820 TON $20.00 $56,400.00 $1, 940,050.00 5 AERATION SYSTEM (3 MGD) Equipment 2 EA $375,000.00 $750,000,00 Installation 2 EA $112.500.00 $225,000,00 Concrete 2.806 CY $450.00 $1,262,700.00 Excavation 95,600 CY $16.00 $1,529,600.00 Stone 2,820 TON $20.00 $56,400,00 $3, 823,700.00 6 CLARIFIERS (100' x 14') Equipment 2 EA $132.500.00 $265,000.00 Equipment 2 EA $33,000,00 $66,000.00 Concrete 1,236 CY $450.00 $556,200.00 Excavation 24,980 CY $16.00 $399,680,00 Stone 1,234 TON $20.00 $24.680.00 $1,311,560.00 7 SLUDGE HOLDING TANKS Aeration System 1 EA $51,000 00 $51,000.00 Installation 1 EA $18,000.00 $18,000.00 Progressive Cavity Pumps 2 EA $55,000.00 $110,000.00 Piping and Valves 1 EA $36,750.00 $36,750.00 Prestressed Concrete Tank (80' x 24) 2 EA $250.000.00 $500.000.00 Prestressed Concrete Tank (60' x 22) 1 EA S183,500.00 $183,500.00 Excavation 14,581 CY $16.00 $233,296.00 Stone 2,357 TON $20.00 $47,140,00 Concrete Retaining wall 330 CY $450.00 $148.500,00 Aeration System 1 EA $38,750,00 $38,750.00 Installation 1 EA $13,750.00 $13,750.00 Piping and Valves 1 EA $33,000.00 $33,000 00 $1,413, 686.00 8 INFLUENT PUMPING STATION Variable Speed Pumps, Motors & Controls 3 EA $95,000.00 $285,000 00 Mechanical Bar Screen 1 EA $93,000.00 $93,000,00 Installation 1 EA $60,000.00 $60,000.00 Piping, Valves, & Fittings 1 EA $115,000.00 $115,000.00 Modification to Building & Wet Well 1 EA $150,000.00 $150,000,00 18" DIP Force Main 700 LF $50.00 $35,000.00 $738, 000.00 9 MISCELLANEOUS BUILDINGS Learning Center 1,200 SF $140.00 $168,000.00 Administration Building 4,100 SF $140.00 $574,000.00 Maintenance Building 1,900 SF $140.00 $266,000.00 Process Lab Buildings 3.000 SF $140.00 $420,000.00 $1,428, 000.00 10 SLUDGE THICKENING Rotating Drum Filter 1 EA $117,000.00 $117,000,00 Installation 1 EA $41,500.00 $41,500.00 Polymer System 1 EA $14,750.00 $14,750 00 Piping, Valves, & Fittings 1 EA $18,250.00 $18,250.00 $191,500,00 11 RENOVATE EXISTING CLARIFIER Equipment 1 EA $107,000.00 $107,000,00 Installation 1 EA $56,000.00 $56,000.00 $163, 000.00 12 CHLORINATIONIDECHLORINATION Sodlum Hypochlorite Equipment 1 EA $365,000,00 $365,000,00 Installation 1 EA $117,00&00 $117,000.00 Sodium Bisulfite Equipment 1 EA $183,500.00 $183,50&00 Installation 1 EA $81,500.00 $81,500 00 Contact Chamber 134 CY $450.00 $60,300.00 Miscellaneous Metal 1 EA $35,500.00 $35,500.00 $842, 800.00 13 ODOR CONTROL SYSTEM Equipment 1 EA $1,000,000.00 $1,000,000.00 Installation 1 EA $500,000.00 $500,000.00 $1, 500, 000.00 14 EXISTING CONTROL BUILDING SCADA SYSTEM 1 EA $76,500.00 $76.500.00 Installation 1 EA $28,500.00 $28,500.00 $105, 000.00 15 ELECTRICAL Power & Lighting 1 EA $740,000.00 $740,000.00 Generator 1 EA $205,000.00 $205,000.00 $945,000.00 16 MISCELLANEOUS Stream Restoration 1 EA $1,200,000.00 $1,200,000.00 Landscaping 1 EA $500,000.00 $500.000.00 Clearing & Grading 5 ACRE $4,000.00 $20.000.00 Admin Building Parking Lot 1.300 SQ YD $30,00 $39.000.00 Admin Building Access Road 700 SQ YD $30.00 $21,000.00 Light Load Bridge 1 EA $300,000.00 $300,000.00 $2,080,000.00 Construction Costs $18,723,346.00 Contingencies $1,872,335.00 Engineering Design $1,235,741.00 Engineering Construction $617,870.00 2% Closing Fee $448,986.00 TOTAL $22,898,278.00 The above opinion of probable construction costs are based upon empirical cost data, published cost data, previous bid data and knowledge and experience for similar work. KAM "IS Opinion of Probable Project Cost Hickory NE WWTP Sewer Rehabilitation Hickory/Catawba County 09-Aug-04 Item Description Estimated Unit Unit Price Amount Total Quantity Sealing Existing Storm Drains 360 EA $200.00 $72,000.00 Removal of Roof Drains 1,500 EA $100.00 $150,000.00 - Installation of New Roof Drains 1,500 EA $100.00 $150,000.00 - Cut and Replace Asphalt Roads 31,500 LF $50.00 $1,575,000.00 Resurface Asphalt Roads 6,575 TON $75.00 $493,125.00 Remove/Replace Brick Sidewalk 5,280 LF $80.00 $422,400.00 Install New 30" Storm Drain Line 13,185 LF $125.00 $1,648,125.00 Install New 24" Storm Drain Line 15,750 LF $100.00 $1,575,000.00 Install New 12" Storm Drain Line 15,400 LF $60.00 $924,000.00 Install New 8" PVC Roof Drain Headers 50,000 LF $35.00 $1,750,000.00 Install boxes 360 EA $3,000.00 $1,080,000.00 Road Striping 1 EA $50,000.00 $50,000.00 Traffic Control 1 EA $100,000.00 $100,000.00 Owner Compensation 1 EA $50,000.00 $50,000.00 Relocation of Existing Utilities 1 EA $200,000.00 $200,000.00 Storm Water Control/Management 1 EA $500,000.00 $500,000.00 Aesthetics 1 EA $10,000.00 $10,000.00 Field Work to Locate Combined System 160 HRS $70.00 $11,200.00 Additional Survey Work 320 HRS $95.00 $30,400.00 Plant Upgrades 1 LS $16,783,296.00 $16,783,296.00 $27, 574,546.00 Construction Costs $27,674,546.00 Contingencies $2,757,455.00 Engineering Design $1,819,920.00 Engineering Construction $909,960.00 2% Closing Fee $661,238.00 TOTAL $33,723,119.00 The above opinion of probable construction costs are based upon empirical cost data, published cost data, previous bid data and knowledge and experience for similar work. AlNTWS lW.a M PLMtS Opinion of Probable Project Cost Hickory NE WWTP Land Application of 6 MGD Effluent Hickory/Catawba County 09-Aug-04 Item Description Estimated Unit Unit Price Amount Total Quantity 1 EFFLUENT TRANSMISSION -6 MGD Pumps 2 EA $500,000.00 $1,000,000.00 - Force Main 10,560 EA $60.00 $633,600.00 - Cut and Replace Asphalt Roads 1,000 FT $25.00 $25,000.00 $1, 658, 600.00 2 STORAGE LAGOON Reservoir Construction 1 EA $150,000.00 $150,000.00 Lining 1 EA $400,000.00 $400.000.00 Embankment Protection 1 EA $150.000.00 $150,000,00 - Lagoon Property 22 ACRES $5,000.00 $110,000.00 $810, 000.00 3 APPLICATION SYSTEM -Application Site Property 1375 ACRES $5,000.00 $6,875,000.00 - Site Clearing and Grading 1 EA $13,000,00 $13,000,00 - Distribution Sprinkler Set 1 EA $4,400,000.00 $4,400,000.00 Distribution Pumps 3 EA $1,000,000.00 $3,000.000,00 - Service Roads 1 EA $360,000.00 $360,000.00 - Fencing 1 EA $180.000.00 $180.000.00 $14, 828, 000.00 4 PLANT UPGRADES - Construction Costs 1 LS $18,453,346.00 $18,453,346.00 $18,453.346.00 Construction Costs $35,749,946.00 Contingencies $3,674,995.00 Engineering Design $2,369,496.00 Engineering Construction $1,179,748.00 2% Closing Fee $867,284.00 TOTAL $43,721,469.00 The above opinion of probable construction costs are based upon empirical cost data, published cost data, previous bid data and knowledge and experience for similar work.