HomeMy WebLinkAbout19900187 Ver 1_Complete File_19900101
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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
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AUG 1990
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ER QUALITY
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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.
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_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
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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
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MI DETAIL 1 1 III
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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
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PURPOSE: RAW WATER INTAKE SECTION VIEWS
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SECTION - A
CITY OF BESSEMER CITY
RAW WATER PUMP STATION
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AT: LONG CREEK
COUNTY OF,. GASTON
APPLICATION BY: BESSEMER CITY
SHEET 2 OF 2 DATE 5-29-90
PUMP CUT
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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
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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
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• 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.
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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. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat Applicants should therefore describe in the application and plat all anticipated devel.
opment activities, including construction, excavation, filling, and land tl aring.
DATE
Applicant's Signature
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