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HomeMy WebLinkAbout19900187 Ver 1_Complete File_19900101 . SLAY o State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street c Raleigh, North Carolina 27611 James G. Martin, Govemor William W. Cobey, Jr., Secretary August 31, 1990 Mr. Ben Thompson, Principal Designer Hazen and Sawyer, P.C. 4828 Parkway Plaza Blvd. Charlotte, North Carolina 28217 Dear Mr. Thompson: George T. Everett, Ph.D. Director Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Raw Water Pumping Station and Weir City of Bessemer City Long Creek Gaston County Attached hereto are two (2) copies of Certification No. 2506 issued to the City of Bessemer City dated August 31, 1990. If we can be of further assistance, do not hesitate to contact us. Sincerely, eorge T. Everett Director Attachments cc: Wilmington District Corps of Engineers Mpp?oresville Regional Office ii'r. William Mills Mr. John Parker Pollution Prewndon Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 NORTH CAROLINA Gaston Countv CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to the City of Bessemer City pursuant to an application filed on the 6th day of August, 1990 to construct a raw water pumping station and a low head weir on Long Creek. The Application provides adequate assurance that the discharge of fill material into the waters of Long Creek in conjunction with the proposed pumping station and weir in Gaston county will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. That the applicant shall take care during construction to prevent the discharge or disposal of construction materials into the surface waters. 3. That appropriate sedimentation and erosion control measures shall be employed to minimize siltation and turbidity impacts. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 31st day of August, 1990. DIVISION OF ENVIRONMENTAL MANAGEMENT 9ndZ George T. Everett, Director WQC# 2506 r?. AUG 1990 Q y. i Y ER QUALITY ;, lanninq 3r lnci V DIVISION OF ENVIRONMENTAL MANAGEMENT August 21, 1990 MEMORANDUM TO: Bill Mills FROM: D. Rex Gleason ?V SUBJECT: 401 Water Quality Certification Raw Water Intake Structure on Long Creek Bessemer City, Gaston County, NC This office has reviewed the Public Notice and supporting information provided via your August 10, 1990 request for comments on the subject project. Based on our review, we have no objections to the proposal; however, care should be taken during construction to prevent disposal/discharge of construction materials into the surface waters, plus land disturbing activities should be controlled to prevent sediment runoff that could impact water quality standards. it is anticipated that fish/wildlife habitats will be impacted in the immediate area of construction; however, these impacts should be short term. If you have questions, please advise. DRG:se DEPARTMENT OF THE ARMY Wilmington_District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 CESAW-C090-N-036-0413 August 2, 1990 PUBLIC NOTICE THE CITY OF BESSEMER CITY, 132 West Virginia Avenue, Bessemer City, North Carolina 28016, has applied for a Department of the Army permit TO CONSTRUCT A RAW WATER INTAKE STRUCTURE IN THE WATERS OF LONG CREEK APPROXIMATELY 2 MILES NORTHEAST OF BESSEMER CITY, Gaston County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed construction of a low-head weir to span Long Creek. The weir would have a maximum length of 50 feet and a width of approximately 6 feet. The top of the weir would extend 2 feet above the normal water level of the creek and 3 feet above the creek bottom. Approximately 45 cubic yards of concrete would be discharged into the waters of the creek for weir construction. Approximately 30 cubic yards of soil and weathered rock would be excavated from the creek bed and banks and disposed of on uplands at the site of a proposed pump station. Approximately 110 feet of an existing ditch at the site would also be culverted and backfilled. The purpose of the work is to provide a raw water intake facility for a minicipal water supply. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archaeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. r _2- The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army permit serves as application to the DEM for certification. y -3- The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after August 25, 1990. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before August 20, 1990, Attn: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m., September 4, 1990, or telephone (704) 259-0857. PROPERTY PLAN i I W (( Scale 1 = 100 \ II III x 739.5 ? 1 II IIII '4 SEE x 739.9 \1 I I I II / MI DETAIL 1 1 III 740.0 (- - FUEL I II'?I I 732.6 I I j x 738.6 739.5 i i TANK i I'55 ,' S fY41 I x I j j l HEADWALL I o g IIII-_-___-__ F TOP F.F. II -?TI ??34.8 I 747.00 To-A 740 -II I I I I f \`\ ???\\\ x / /? 732.6 x739.2 739.5 `9?E' +-aj 30' RCP HEADWALL i \ INV. 732.0 y ?? I I I LOW F(EJ4o Ito' N!9 1 fL T7A M see Sheet 2 RAW WATER PUMPING STATION EXISTING CONTOURS ----740---- SITE PLAN PROPOSED CONTOURS 740 Scale 1" = 40' PURPOSE: RAW WATER INTAKE PLAN VIEW CITY OF BESSEMER CITY RAW WATER PUMP STATION DATUM: IN: CROWDERS MTN. TOWNSHIP ADJACENT PROPERTY OWNERS: SCALES: AS SHOWN AT. LONG CREEK 1. PEARL R. WRIGHT 2. DENNIS JACK COSTNER COUNTY OF: GASTON 3 APPLICATION BY: BESSEMER CITY 4 SHEET I OF 2 DATE 5-29-90 REV. 11-28-82 ?evc oms f /?Ff1 P / S SITE-?? / C ?.? '? ,ye' 9Ess?rq CCU f t(•` / Y1 T ?.Yt dbo". i •'?` ?f. `, ?~ DENNIS LACK COS7?N I f"? ao JHtgp?! 1• . -Qi <ea--? she ?R 7approx 1" = 4, 000' M1 J ../ ??...?771 1 /oaf: P5 i 9E."SScI?,'cR CITY ?!J 2 7 ti 1'!_?q[1 \V ,,\ ..lt- J 'r3 .rl/ t/ C? J7 / //cy/' I ti \ (0.ZIS 4C.) r% f f / Y re / g s , rW? sr+rxw yJJ ?? nor ?sy / / ru / a' yti 0 I J, ,??. 5^ i 171 fit((--'' , J9 D//PE Hl t/C£L Po/NT OF f?,o't Ifs , c, 4-7 -Epp D- -- - Q_?_ __- dck L-'Y! 5 T CIT.C-?K r-1,07 D I !v .lo-off b- 10 `0) -?- Tv? W=?r I Cow ?i?o ? wv72 / 735,5 ?O? V Na r<y ^/, L, 733.E ?&--LCV, i' 5e6 7/ J -!JA ?I l??rf ` I'•6' 10'-0' IS 14'-2' 10'-0' I II 0 WEIR PLATE PLAN SCALE I' WWI 10'-0' I 30'-0' 10'-0' ELEV. 735.67 ir 740 LYJ F7\ --------- ------------'i ELEVATION SCALE 1' - 1!' ZO ' PURPOSE: RAW WATER INTAKE SECTION VIEWS DATUM: ADJACENT PROPERTY OWNERS: 1. PEARL R. WRIGHT 2.DENNIS JACK COSTNER 3. 4. SCALES: AS SHOWN -o 6f9 ?/&Wo W,riz-DAM Cl1_E-brl? SD 732, S 4-- -740.5 IF -ik \-INEIR 732.5 o CREEK BOT. co /// ,?\/7 728.5 SECTION - A CITY OF BESSEMER CITY RAW WATER PUMP STATION IN: CROWDERS MTN. TOWNSHIP AT: LONG CREEK COUNTY OF,. GASTON APPLICATION BY: BESSEMER CITY SHEET 2 OF 2 DATE 5-29-90 PUMP CUT OFF LEVEL 736. 735.5 FLO'd 733.5 N.L.L. o L3.; dREV. 11-28-82 11 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS V f P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 July 31, 1990 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. CESAW-C090-N-036-0413 Mr. William Mills Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of the City of Bessemer City for a Department of the Army permit and a State Water Quality Certification to place fill material in the waters of Long Creek to construct a low-head weir for the purpose of establishing a raw water intake facility near Bessemer City, Gaston County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by October 1, 1990, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Steven Lund, telephone (704) 259-0857. Sincerely, G. yne Wri ht Chief, Regulatory Branch Enclosure Y ? Y -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 ? -- c ozow w • HAZEN AND SAWYER, • CONSULTING ENGINEERS June 7, 1990 District Engineer Wilmington District Corps of Engineers P.O. Box 1890 Wilmington, N.C. 28402 Subject: Application for Permit to Excavate and/or Fill Easement in Lands Covered by Water Bessemer City, NC H&S No. 6185 (04) Gentlemen: RC. wI-Ja J ? A P ti\? On behalf of our client, City of Bessemer City, North Carolina, we are submitting herewith application and data for permit to construct raw water pumping station and low head weir/dam on Long Creek. Your earliest review and consideration of a letter of permission would be greatly appreciated, due to project need and schedule by the City. If additional information is needed, please contact us. Yours truly, HAZEN AND SAWYER, P.C. Ben Thompson Principal Designer BT/ kf Enclosures TWO PARKWAY PLAZA, SUITE 170/4828 PARKWAY PLAZA BLVD. /CHARLOTTE, NORTH CAROLINA 28217 704-357-3150 CHARLOTTE 9 RALEIGH • HOLLYWOOD, FL 9 NEW YORK, NY ` ,P,.0 kuAa APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATFR OUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration Suit of North Carollna Department of the Army (GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wllmingtdn District (GS 113.229, 143-215.3(x)(1). 143.215.3(c), 113A•I18 (33 CFR 209.320.329) , Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information City of Bessemer City A. Name Last First Middle B. Address 132 West Virginia Avenue Street, P. O. Box or Route _ Bessemer City, North Carolina 28016 (704) 629-5542 City or Town State Zip Code Phone II. Location of Proposed Project: A. County Gaston B. 1. City, town, community or landmark Bessemer City-approx. 2 miles east on SR1448, 400'± N. bride 2. Is proposed work within city limits? Yes No X C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Long Creek III. Description of Project *(Relocation of Raw Water Intake) A. 1. Maintenance of existing project *N/A 2. New work *Yes _ B. Purpose of excavation or till 1. \LceSS channel N/A length -width depth 2. Boat basin /A length width depth 3. Fill area length width depth 4. Other Raw Water Intake length 50' width 6' depth approx. 6'-10' C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline) N/A . 2. Type of bulkhead construction (material) N/A U. Excavated material (total for protect) 1. Cubic yards 30 C. Y. 2. Type „f material Alluvial Soil/Weathered Rock E. 'rill material to be placed below MHW (see also Vi. A) I Cubic yards 45 C . Y . 2, Type of material Concrete IV. Land Type, Disposal Area, and Construction Equipment: A. Docs the area to be excavated include any marshland, swamps or other wetland? Yes No X 8. Dues the disposal area include any marshland, swamps or other wetland? Yes No X C. Disposal Area On-site (ditch fill at pipe & spread evenly on-site) 1. Location 2. Do you claim title to disposal area? Yes U. Fill material source if lilt is to be trucked in nearest concrete mix plant E. How will excavated material be entrapped and erosion controlled? sed. bas i ns and s i 1 t fences I I vpe of equipment to be used general utility construction equipment G. Will marshland be crossed in transporting equipment to protect site? If yes, explain no D& F•81 2,!v to/lq or V. Intended Use of Project Area (Describe) A. 1. Private 2. Commercial 3. Housing Development or Industrial 4. Other municipal water source 1. Lotsize(s)approx. 75 x 50 +(20 x 50 for weir dam) 2. Elevation of lot(s) above mean high water approx 8.0 ' 3. Soil type and texture Al l uvi um-res i dual soils-part. weathered rock to bedrock 4. Type of building facilities or structures masonry and concrete raw water pumping station and concrete weir dam 5. Sewage disposal and/or wastewater treatment A. Existing N/A Planned N/A a. Describe unmanned pumping station, no bathroom facility 6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes-No X 2. Type of discharge N/A 3. Location of discharge N/A VII. Present rate of shoreline erosion (if known): unknown VI11. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: N/A IX. Length of time required to complete project: 270 calendar days X. In addition to the completed application form, the following items must be provided: ' A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by regtstereo or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below, Mrs. Pearl R. Wright, Route 3, Box 426, Bessemer Citv NC 28016 Mr. Jack R. Costner, Route 3, Box 431, Bessemer City, NC 28016 X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity -)mplies with the State of North Carolina's approved coastal management program and will be conducted in a manner consi%•r-it with such program. XII. 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