HomeMy WebLinkAbout20021406 Ver 1_COMPLETE FILE_20020904? WATF Michael F. Easley, Governor
Q R William G. Ross Jr., Secretary
)A OG North Carolina Department of Environment and Natural Resources
(p Alan W. Klimek, P.E. Director
r_ Division of Water Quality
o ?
September 11, 2002
DWQ# 02-1406
Cumberland County
Mr. Tom Speight
Public Works Commission of the City of Fayetteville
P.O. Drawer 1089
Fayetteville, NC, 28302-1089
APPROVAL of 401 Water Quality Certification
Dear Mr. Speight:
You have our approval, in accordance with the attached conditions, to excavate 0.45 acre of wetlands and 25 linear
feet of streams in order to construct the Fayetteville Annexation Phase IV-B Section II sewer line to provide service to the
existing Sherwood Park subdivision in Cumberland County, as you described in your application received by the Division of
Water Quality on September 4, 2002. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3374, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands .
This Certification allows you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Ken Averitte in our Fayetteville Regional Office at (910) 486-1541 or Cyndi Karoly in our
Central Office in Raleigh at 919-733-9721.
Sincerely,
AW K/cbk
Attachments
cc: Corps of Engineers Wilmington Regulatory Field Office
Fayetteville DWQ Regional Office
Central Files
File Copy
Donald Bruce, P.O. Box 53774, Fayetteville, NC, 28305
. Klimek, .E.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
21406
Customer Service
1 800 623-7748
1
d' u EI RS •
i P S
SURVEYORS
MOORMAN, KIZER & REITZEL, INC.
115 Broadfoot Ave.
( fill P.O. Box 53774
j? ([?j y ryy?,? Fayetteville, NC 28305
?„f J`r /?!•(J 1 (910) 484-5191
?'??[• Fax:(910) 484-0388
WETUMOs GROUP mkr®infi.net
-w` QUALITY SECTION
MEMO TO: Mr. John Dorne
y _
Files
REF: Fayetteville Annexation Phase IV-B, Section II
DATE: August 28, 2002
Enclosed please find an application and supporting data for your review. Enclosed is the
$200.00 application fee for a"Minor Water Quality Certification". We have requested a
Nationwide 12 Permit from the Corps of Engineers for construction of an 8" sanitary sewer main
in Cumberland County, North Carolina.
Please review at your earliest convenience. If there are any questions or clarifications, please
call.
Respectfully submitted,
MOOR N, KIZER & REITZEL, INC.
Donald A. Bunce, PE
DAB:nrs
Encls.
Cc: Mr. Thomas S. Speight, Jr., PE, PLS
Mr. Tom McNeill
J SLN - r
Office Use Only: - ``-- Form Version May 2002
WETLA
WATER NDs _J 021406
USACE Action ID No. b lltlly s v No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
ti
1. Processing r?
. f S .
1. Check all of the approval(s) requested for this project: 3 41
?
® Section 404 Permit ? Riparian or Watershed Buffer Rules ?01
? Section 10 Permit Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not
required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation
of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and
check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the
project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see
the top of page 2 for further details), check here: ?
II.
Applicant Information
1. Owner/Applicant Information
Name: Public Works Commission of the City of Fayetteville North Carolina
Mailing Address: P.O. Drawer 1089, Fayetteville NC 28302-1089
Telephone Number: 910-483-1401 Fax Number: 910-829-0203
E-mail Address: tom speightPf4ypwc com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local landmarks such
as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and
development plans in relation to surrounding properties. Both the vicinity map and site plan must
include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other
facilities must be included. If possible, the maps and plans should include the appropriate USGS
Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings,
or other maps may be included at the applicant's discretion, so long as the property is clearly defined.
For administrative and distribution purposes, the USACE requires information to be submitted on sheets
no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers
full-size construction drawings rather than a sequential sheet version of the fill-size plans. If full-size
plans are reduced to a small scale such that the final version is illegible, the applicant will be informed
that the project has been placed on hold until decipherable maps are provided.
1. Name of project: Fayetteville Annexation Phase IV-B Section II
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Cumberland Nearest Town: Fayetteville
Subdivision name (include phase/lot number): Sherwood Park
Directions to site (include road numbers, landmarks, etc.): Three easements, Profiles "A", "B" and
"C" are proposed outside of existing r_oad right-of-ways. Profile "A" begins approximately 378' east
of Cheltenham Road (SR 1291) and extends in a northwesterly direction to a point in Cheltenham
Road (SR 1292). Profile "B" begins approximately 699' north east of Ashton Road (SR 1297) and
extends in a southwesterly direction to a point in Ashton Road (SR 1297). Profile "C"begins
approximately 365' east of Ashton Road (SR 1297) and extends in a northwesterly direction to a
point in Ashton Road (SR 1297).
5. Site coordinates, if available (UTM or Lat/Long): Lat. - 35 01 , Long - 78 58
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
7. Nearest body of water (stream/river/sound/ocean/lake): Buckhead Creek
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The River
Basin map is available at http:Hli2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project at the
time of this application: The site is an existing subdivision. Land use in the vicinity is
primarily residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Install 8" sanitary sewer outfall using trackhoe for excavation, front end loader for hauling
in materials for construction and miscellaneous small hand held equipment such as
cultipacker for compaction.
11. Explain the purpose of the proposed work: To provide sanitary sewer service to existing
subdivision.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this project
(including all prior phases of the same subdivision) in the past, please explain. Include the USACE
Action ID Number, DWQ Project Number, application date, and date permits and certifications were
issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful
information. Describe previously approved wetland, stream and buffer impacts, along with associated
mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior
segments of the same T.I.P. project, along with construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work, and
provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands,
open water, and stream channels associated with the project. The applicant must also provide
justification for these impacts in Section VII below. All proposed impacts, permanent and temporary,
must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and
waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not
impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be
included as appropriate. Photographs may be included at the applicant's discretion. If this proposed
impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If
additional space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Excavation to install sanitary
sewer pipe
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
1 Excavation 0.43 Yes 25' Forested wetland
2 Excavation 0.02 No 25' Forested wetland
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or
FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at
http://www.feiiia.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay,
bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 2.2 AC
Total area of wetland impact proposed: 0.45 AC
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leases ecif
3 Excavation 25 UT - Buckhead Creek 10' Intermittent
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams
(separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization
activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and
profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream
named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.tisgs.gov. Several intemet
sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapqucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean
and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
(if Name applicable) Wate) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding,
drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be included
above in the wetland and stream impact sections. Also, the proposed pond should be described here
and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down
valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact site
layouts, and explain why these design options were not feasible. Also discuss how impacts were
minimized once the desired site plan was developed. If applicable, discuss construction techniques to be
followed during construction to reduce impacts.
Sanitarv sewer is loeically located in low serving existing subdivision which currently has rear
yard septic tanks and drain fields. Installation of anti-seep collars 150' o.c. and limited construction
to 30' width are to be adhered to. Elevation will be restored to original grade. Topsoil will be
replaced. Wetland seed mixture to be used.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of
Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands
or greater than or equal to 150 linear feet of total impacts to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits,
published in the Federal Register on March 9, 2000, mitigation will be required when necessary to
ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of
proposed impact and function and relative value of the impacted aquatic resource will be considered in
determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation
that may be appropriate and practicable include, but are not limited to: reducing the size of the project;
establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as
streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing,
or preserving similar functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order for
USACE or DWQ to consider the application complete for processing. Any application lacking a
required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant
may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical
Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlaiids/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide as much
information as possible, including, but not limited to: site location (attach directions and/or map, if
offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation
proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism
(e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions
and proposed method of construction. Please attach a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program
(NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208
to determine availability and to request written approval of mitigation prior to submittal of a PCN.
For additional information regarding the application process for the NCWRP, check the NCWRP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check
the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the requirements
of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure
whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review
current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of
the NEPA or SEPA final approval letter.
Yes ? No E]
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required
state and local buffers associated with the project. The applicant must also provide justification for
these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly
identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts
are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as
appropriate. Photographs may also be included at the applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A
NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer
Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is
required calculate the required amount of mitigation by applying the buffer multipliers.
Zone* Impact
s uare feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from the
property.
No impervious areas existing or proposed. An erosion control plan has been prepared and sent to
NCDENR for approval.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater
generated from the proposed project, or available capacity of the subject facility.
Sanitary sewer collected by outfall to be constructed with this permit will be treated at the
Rockfish Creek Water Reclamation Facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose to list
constraints associated with construction or sequencing that may impose limits on work schedules (e.g.,
draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility
problems, or other issues outside of the applicant's control).
7_4^? J- +61711/L -
-2-0-0 2
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
PURPOSE
SANITARY SEWER EXTENSION
DATUM
HORIZONTAL NAD 27
VERTICAL NAVD 1929
ADJACENT PROPERTY
CUMBERLAND COUNTY
VICINITY MAP FAYETTEVILLE ANNEXATION
PHASE IV-B SECTION=
SCALE 1 "=2000' PUBLIC WORKS COMMISSION
CUMBERLAND COUNTY, NC FAYETTEVILLE, NORTH CAROLINA
CONTACT: THOMAS SPEIGHT MOORMAN, KIZER & REITZEL INC.
PUBLIC WORKS COMMISSION ENGINEERS, PLANNERS & SURVEYORS
OF THE CITY OF FAYETTEVILLE 115, BROADFOOT AVE.
FAYETTEVILLE, NC
(910)484-5191 FAX (910 484-0388
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Moorman, Kizer & Reltzel, Inc. Invoice No
01-1079-05-5
DATE
08/28/02
CHECK NUMBER PAYMENT
00019111 RECEIVED
Date
08/28
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J. J 1 1 1
Amount Discount Net Amount
200.00 0.00
! 40TAL = $
0.00
0.00