19900127 Ver 1_COMPLETE FILE_19900101

STTE
e
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Govemor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
August 31, 1990
Mr. John S. Nemcik
Black and Veatch Engineers
P.O. Box 728 -
Asheboro, North Carolina 27204-0728
Dear Mr. Nemcik:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Raw Water Pumping Station
City of Fayetteville Public Works Commission
Cape Fear River
Cumberland County
Attached hereto are two (2) copies of Certification No. 2507
issued to the City of Fayetteville Public Works Commission dated
August 31, 1990.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
4eorge T. Everett
irector
Attachments
cc: Wilmington District Corps of Engineers
X etteville Regional Office
. William Mills
Mr. John Parker
PonWon Pry %wvillon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
, V
NORTH CAROLINA
Cumberland County
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 Fayetteville Public Works Commission-pursuant to
an application filed on the 13th day of July, 1990 to construct a
raw water pumping station on the Cape Fear River.
The Application provides adequate assurance that the
discharge of fill material into the wetlands and waters of Cape
Fear River in conjunction with the proposed raw water pumping
station in Cumberland 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 appropriate measures shall be employed so as
to adequately control stream bank erosion and
sedimentation during the course of this work.
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
eorge T. Everett, Director
WQC# 2507
DIVISION OF ENVIRONMENTAL MANAGEMENT
August 10, 1990
M E M O R A N D U M
TO: Bill Mills
Water Quality Section
FROM: M. J. Noland, Regional Superviso
Fayetteville Regional Office
SUBJECT: 401 Certification
City of Fayetteville, Public Works Commission
New Raw Water Intake
Cape Fear River
Fayetteville, Cumberland County
AUG 1090
r' r`° QUALITY
'fanning 3ranrh
The subject project involves the construction of a new raw water intake
structure into the Cape Fear River in Fayetteville. A coffer dam will be
constructed approximately 100 feet into the river in order to dewater the area
of construction. The intake pipeline will rest on pilings driven within the
dewatered area. Total excavation in this project will be approximately
23,000 L.F. A relatively small percentage of this amount will be within the
confines of the coffer dam or in wetland areas. The application indicates
that no fill material will be placed below the MHW mark.
A minimal increase in turbidity is expected during the installation of
the sheet steel coffer dam. Once completed, this structure should prevent any
additional in-stream disturbance.
It is the recommendation of this office that the requested certification
be issued with the following condition:
Measures shall be taken to control stream bank erosion and sedimen-
tation during the course of this work.
MJN/KA/tf
A
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090-N-026-0391 July 26, 1990
PUBLIC NOTICE
CITY OF FAYETTEVILLE PUBLIC WORKS COMMISSION, 508 Person Street, Post
Office Drawer 1089, Fayetteville, North Carolina 28301, has applied for a
Department of the Army permit TO INSTALL AN INTAKE PIPELINE STRUCTURE AND
PLACE FILL MATERIAL IN THE CAPE FEAR RIVER, IN FAYETTEVILLE, Cumberland
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 installation of sheet-steel coffer dam about
100 feet from the shoreline to dewater an area for installation of the intake
pipelines. Corridors for the installation of these pipelines are to be
excavated, and all excavated material is to be removed to a stabilized
disposal area. An undetermined amount of fill material is to be placed inside
the coffer dam to support the walls. At the end of construction, all fill
material and the coffer dam walls are to be removed. Erosion downstream is to
be minimized.
Each intake line is to be capped with a trash screen. There are to be
compressed air lines on each pipe, and about once a week, at most, a 10-second
blast of compressed air will be sent through the air line to cleanse the
screen. The end of the lines in the River are to be marked in accordance with
instructions from the North Carolina Wildlife Resources Commission and/or the
U.S. Coast Guard. No above-water structure, for maintenance or otherwise, is
to be constructed in the River.
An access road is to be constructed to the new pump station, which is to
be located entirely on high ground. The road is to cross an old ditch/drain
which empties into a pool. This ditch handled flow from a leaky pipe system,
which has since had a french drain system installed to handle this run-off. A
culvert is to be placed in this old ditch, and is to pipe all water into the
pool. All grading is to occur over this culvert, stopping before impacting
the pool itself. The ditch has been determined not be wetlands. The purpose
of the work is to construct a new raw water intake pump station for the City
of Fayetteville. 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 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this 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.
The District Engineer, based on available information, is not aware that
the proposed activity will 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 and flood plain values (in accordance with Executive Order
11988), 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.
F
-3-
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.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
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 24, 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, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
August 27, 1990, or telephone [phone].
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 10, 1990
SUBJECT: File No. CESAW-C090-N-026-0391
Mr. William Mills
Water Quality Section
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:
,Q o1112 7
T
, LJUI 7,990
ati
N g! gTFR Q :::.
Enclosed is the application of the City of Fayetteville, for Department of
the Army authorization and a State Water Quality Certification to construct a
raw water pumping station, including the placement of fill material in
wetlands, on the Cape Fear River, Fayetteville, Cumberland 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 authorizing 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 a reasonable time for State action.
Therefore, if you have not acted on the request by September 10, 1990, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter, telephone
[phone].
Sincerely,

G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-2-
Copy Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
,. V
BLACK & VEATCH
ENGINEERS - ARCHITECTS TEL [phone]
?oo&
110 WEST WALKER AVENUE
ASHEBORO. NORTH CAROLINA 27203
MAILING ADDRESS: P.O. BOX NO. 728
ASHEBORO. NORTH CAROLINA 27204-0728
FAX: [phone]
District Engineer
Wilmington District Corps of Engineers
P. 0. Box 1890
Wilmington, North Carolina 28402
Subject: Permit Application RECULQTORY BRANCH
Fayetteville Public Works Commission
Cape Fear River Raw Water Pumping Station
B&V Project 16679
B&V File F
June 26, 1990
RECEIVED
JUL 2 1990
Attention: Mr. Jeff Richter
Gentlemen:
As you recall, we met earlier this year in Fayetteville, North Carolina,
at the proposed site for the construction of a new raw water pumping
station on the Cape Fear River. During this meeting, we evaluated the
site for wetlands considerations, and discussed the proposed construction
in the river.
We are now following up with the application for the project. On behalf
of the Public Works Commission of the City of Fayetteville, we are
enclosing one copy of the application for your review.
Please notify us upon your approval, or direct any questions that you may
have to us. We will be happy to provide additional information as
needed.
Very truly yours,
BLACK & VEATCH
John S. Nemcik
pmg
Enclosure
cc: Mr. Ken Fanfoni
Mr. Victor Ganjehjani
APPLICATION
FOR ?
a ? •
PERMIT TO EXCAVATE AND/OR FILL WATER OUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Caroiina Oepartment of the Army
(G5 146„121 Oeoartment of Natural Resources and Community Development Corps of Engineers, Wilmin;ton 0isu
(GS 113-229, 143-215.3(a)(1), 143.215.3(c), 113A-11g (33 CPR 209.320-329)
Please type or print and fill in all blanks. If information is trot applicable, so indicate by placing N /A in blank.
I. Applicant Information ???? ? ?" "?
A. Name City of Fayetteville Public Works Comission
Last First Mi*EWTORY MOM
B. Address 508 Person Street, P. 0. Drawer 1089
Street, P. O. Box or Route
Fayetteville North Carolina 28301
City or Town State Zip Code Phone
It. Location of Proposed Project:
A. County C lmherl and
-
B. 1. City, town, community or landmark Favettevi l l e , North Carolina
2. Is proposed work within city limits? Yes XX No
C. Creel:, river, sound or bay upon which project is located or nearest named body of water to project
Cape Fear River, 1/4 mile North of Seaboard Coastline Railroad.
Ill. Description of Project
A. i . Maintenance of existing project 2. New work Raw Water Pumping Station
B. Purpose of excavation or till
I. Access channel Ivngth width depth
2. Boat basin length width depth
3. Fill arcs length width depth
4. Other Construction length width depth See Plan & Profi 1 e Sheets .
C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline)
. 2. Type of bulkhead construction (ma(erial)
U. Lxc.tvated material (total for project)
i. Cubic yards 23.000 2. Type of matcriat Fine to coarse clayey sand
Fill matcriat to be placed below MHW (see also Vi. A)
i. Cubic yards None 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No MX (Possibly at
B. Ours the disposal area include any marshland, swamps or other wetland? Yes No XX river's E
C. Disposal Area
t Location Off site by contractor
2. Do you claim title to disposal area? _N/A -- U. Fill material source if fill is to be trucked in N/A
E. How will excavated material be entrapped and erosion cbntroucd? Within the standards as, set forth by the
N.C. Sedimentation Control Law including fencing, stone, matting, detention pond, rip-r
I I roc of equipment to be used Cranes hackhn dn7 r of l e driver, ? comoacti na eoui oment. ,.
G. Will marshland be crossed in transporting equipment to orolec: site? If yes, explain )
0&F-dl
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Cammen:ial
3. Housing Development or Industrial
4. Other Municioal raw water pump station - Hoffer Plant Expansion
e. I. Lot size(s) 92 Ac +/- total; 11-2 Ac +/- disturbed
2. Elevation of lot(s) above mean high water NGVD 87'+/- & 50'+/- above MHW el ev 39
3. Soil type and texture Fine sandy loam; silty & clayey sands
4. Type of building facilities or structures Circular wet well with a masonry building on top--
structure will be approx. 65' x 65' with graded drive.
I Sewage disposal and/or waste water treatment A. Existing Planned
S. Describe _ N / A
6. Land Classifiution' (circle one) DEVELOPED TRANSJTIQNgL COMMUNITY RURAL
CONSERVATION OTHER Muni ci pa I (See LAMA Local Land Use Plan Synoc
Vt. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No XX
13. 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.XX No
2. Type of discharge Sheet runoff, dewateri ng , and existing storm drain
3. Location of discharge Cape Fear River
V11. Present rate of shoreline erosion (if known): Stable
VIll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project anew, if applicable: Ilnknown
IX- Length of time required to complete project: 18 months
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 tide to the affected property. OR if applican- 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.
S. Attach an accurate work plat drawn to scale on 8'/: X 11" white paper (see instruction booklet For
details). Now Original drawings preferred • only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
0. 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.
TEXFI Industries Seaboard Coastline Railroad Company
601 Hoffer rive P. 0. Box 45052
Fayetteville, NC 28301 Jacksonville, Florida 32232-5052
Ai;t: Mr. Joe Thompson, Manager Att: Mr. John R. Clark, Director of
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity, -;mpiies Construction/Pu
with the State of North Carolina's approved coastal management program and will be conducted in a Projects
manner consiv"-It with such program.
X11. 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 devei-
ooment activities, including construction, excavation, filling, and land clearing-
,
DATE
Applicant's Signature
OiF.gZ
Raw. 10i74 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
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T. J. HaLL et nl " NORTH CAROLINA
PO SI X2 " CUMFF•ERLAND COUNTY
N
4??Pl /I%
CI.-Y OF FAYF-r'1'MLLE THIS INDENTURE,, made this l8th day of August, 19541 by T. J.
N IF 4i W /i 1? W N A N p A
Hall and wife, Mae C. Hall, of the first part, to THE CITY OF FAYETTEVILLE, a munici
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pal corporation, of the second part, all of said county of Cumberland, i?
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W..ITNESSETH: I?
Thnt the said parties of the first part for several hundred dollars to them raid;:
by the party of the second part, receipt of which is hereby acknowledged, have bar-
gained and sold, and do hereby pargain, sell and convey unto the said party of the I)
II
second part, its successors and assigns, all of that certain parcel of land in Cross
Creek Township, Cumberland Eounty, North Carolina, described as follows:
?I
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BEGINNINGAat the southeastern corner.of the tract conveyed to the said Mae C. Hall
i?
by henry R. Smith and Martha Louise Smith Gray by deed of 30 January, 1954, of recordi:
in book 640, page 225, registry of Cumberland County, which beginning point is_desig-!I
I
nated by a stake on the west bank of the Cape Fear River, and running thence along 1
the southern line of said tract, South 79 deg. 03 min.V-500 feet; thence North 10 deg,
571 West 500 feet; thence North 79 deg. 03' East 517 feet to a stake on the west bankil
.I
of the Cape Fear River; thence along the river bank southwardly to the beginning, Bon=
tainin it
g 5.9 acres, m ore or leas, as shown on plat datedl: August 17, 1954 by Guy Hud-
gins, Inc., Engre., Sam Powell, Registered Surveyor;.
For the consideration aforesaid, the parties of the first part have given and I(
granted, and by these presents do give, grant and convey, unto the party of the second
part, ite'suocessors and assigns, an exclusive and perpetual easement or right of way ;I
rpnnnatruetion, relocation, repair, maintenance and im-
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_The said parties of the first part covenant to and with ^thertparty of the second
I
part, its successors and assigns, that they Are seized of said premises in fee, have
the right to convey the same in fee simple, that the enme are free and clear from all's
i
encumblances, and that they wLllff&rever warrant and defend the title thereto against
the lawful claims of allrpersone wh6meoever. '
it
In Witness whereof, the said parties of the first part have hereunto set their
hands and seals. r. J. Hall (SEAL)
Mae C. Hall (SEAL)
NORTH CAROLINA
CUMBEHLAND COUNTY '
It Katheryne T. Merrill, a notary public in and for the aforesaid cotinty and state,
i
do hereby certify thatIT. J. Hallnand wife, Mae C. Hall did personally appear before
me this day and both acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this 24 day of August, 1954•
(N P SEAL) Kathryne T. Merrill, Notary Public
My.Comm. expires: 1-23-56
NOxrH CAPOLINA
CUMBERLAND COUNTY t '
The foregoing certificate of Kathryne T. Merrill, a Notary Public of Cumberland
Countyis adjudged to be correct. Let the instrument and the certificates be register-
ed.
This 24 day of Aug., 1954.
Betty B. Hulon,
F.eeelved August 24, 1954 at 3:10 B. M.
Deputy Clwk Superior Court
Feeoreed September 2, 1954 at 3:45 P. M. & Verified., J. W. Johnson
jo??d ?C?p r° Register of Deeds vlm
it N ti 1? p M 1? M q # q M # # # M # # q # # q # # q # # # # # # # # # # ?/ q # # q # # q
R. L. PITTMAN INVESTMEWTS CO. # STATE OF NORTH CAROLINA
TO # .DOUNIY OF CUMbxEmLAND'
#
CITY OF F!1YETTEVILLE q KNOW ALL MEN BY THESE PRESEN'T'S, that R. L. Pittman
<? 1? M A 1F M# A M i1 p1F p M# M#
Investments, Inc., of the county of dumberland, in the State of North Carolina, in con-,I
sideration of the sumof One and no/100 Dollars ($1.00), receipt of which is aoknowledg-i
i
Rd, hereby grants and assures 'to the City of Fayetteville of Cumberland County, in North
7arolina, its successors and assigns, the perpetual rights, easements and privilege to II
I
Mild, construct, operate and maintain an electric line,' including the right to cut and;'
tI
;o keep all trees and undervbrush andother obstructions that may endanger the transmis-
sion of electricity, including all telephone, and other wires, poles, attachments, equi??-
:ent, and accessories desirable in Bonne ction therewith, with full right of ingress and?l.
egress over, and across the tract or parcel of land in Cross Creek Township, Cumberland?I
ounty, said State., described generally and identified as follows, to wit:
That portion of a parcel of land adjacent to the rear entrance of the Sears-Roebuck
tore Building in Fayetteville, Cumberland County N. C.
WARRANTY bCEO M L? 618 rncE ?57
S7'A't'<rNORTH CAROLINA, ;
r
CUB iBERk,AND COUNTY: l
T1 113- DEED, Made. this 4th. day of April.'. A.D.,9 59 ,
by.and between W. E. WHITMAN ANQ WIFE, LUCY B. WHITMAN,..and
WILLIAM A. DePRATIM AM WIFE, MARY 'BhUE DePRATER . ,
Of Cumberland County and
tote1 of. North Carolina , of the first part and
CITY OF FAYETTEVILLE, a municipal corporation, ba:tltxafxZkaxafazaz&tsi .
bf Cumberland '.County, and State of North Carolina , of the second part:
WITNESSETH: That the said parties of the first part, in consideration of
other good and valuable considerations and ten - - - - - DOLLARS,
to them; paid by said ..party of the second part,:the receipt of. which
)As hereby acknowledged,. ? have bargained and sold, and by these presents do
'bargain, Selland convey to said party of the second part and its successors
'. or parcel of land in
and kssigns,
. Carver's Creek Township,
all of that
Cumberland
certain tract j.
County,
State of North Carolina , adjoining -the lands of City of Fayetteville. c
tie North; by the lands of Seavy A. Carroll and John S. Butler, Jr. on the
South and West., and on the East by the Cape.Fear River,
and others, and bounded as follows, viz:
BEGINNING at a concrete monument on the west bank of the Cape Fear
River, s4id monument being-the northeast corner of-the.*Seavy A. Carroll
and John S. Butler land as described in a deed of record in Book 695,.
at, page 162 in the.office of the Register of Deeds for-Cumberl.and County,.
North Carolina, of which this is a part',;.said':conerete monument also being
the southeast corner of the City of Fayetteville 5.8 .acre.tract of land,
and running thence with the west side of the Cape Fear River for a first
call South 6 degrees 50 minutes East 285.0 feet to a stake; thence con
'tinuing with the. west side of the Cape Fear River- South'.16 degrees 45
?i minutes East: 368;33 feet to a concrete monument on the ;west side of Cape
Fear River; thence a new line South 79 degrees 00,(ttinutes West 2028.5 feet
to a concrete monument; thence a new line-North 11 degrees 00 minutes
'',eat 655,9 feet.to a concrete monument in the center line.of aditch;
thence with the center line of the ditch.and the southern line of the pro-
?pcrty. of the
City of Fayetteville North 82 degrees 30 minutes East 19.0 fe
to 'a bend in the ditch; thence continuing :with the center:-,line of the dire
South 86 degrees..30 minutes East 37.0 feet;` thence along the- ditch
.,

BOOK 618. PAGE 258
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l NORTH CA?RQLINA; CUMBERLAND COUNTY.
Edith B. Price
!; f, --- . - ...................... . ..._......... _ - .. a Notary Pub!! c, to and for said County and State,
do hereby. certify that. •W. E.. Whitman a.nd wife i t uey. B. Whitman,
And . William A.' DePreter and Mary Blue DePratex,
his wife, personally appeared: before me this dA? and acknowledged tho due execution of the foregoing
f
decd of conveyance:
?.' ?witrici!•,my hand and notarial seal, this Gth day.'of April 19 59.
..:.._CC....Notary Public.
1960.
e6??misifgit-expires, on r. -
7 1.
!! i. ..
.1 NORTH. CAROLINA, COUNTY.
?? + I, . ...... ............ .- .. .-.••••-•- . a Notary Public, in and for said'County and State.
do hereby certify that"..,
personally:, appeared before me this- y and
acknowledged the due :execution of the foregoing instrument for the purposes therein expressed..
Witness my hand and notarial seal, this day of 19
..._.?._-- --._ .? ._.:... _ 'Notary•-PubUc.
.. 11 ..Y _
My commmission expires on
?NORTH -CAROLINA; CUMBERLAND COUNTY
_ Ldith B. Price a Notary Public -
........ .. ..... ..., Public
The foregoing certificate of ............. .......................h................. _.
Cumberland ,County,'- Is.-adjudgpd to, be correct. 14-the instrum?Cnt, and---=-
...
i. the certificate, be registered..`
Witness my hankthis day of April 19'$?
cci • Icir red: rdiion nn the- ---day: ._. ---- ?..-•._._.r_ _...
_-? Clerk Superior .Court.
at-'clock
„9.,, nn. 'rc ?'?.. ilia olfic'. of ;hC
!.y :ot__:l _e'J-c:c
Ho...?...ol....? ' -- _--------.. _.._ _oA e
--------------
a ?? R(,, icr.of Doodw

JUL 1990
b v N
a r?R QUALITY W'
DEPARTMENT OF THE ARMY !- "nin^ ;rand
Wilmington District, Corps of Engineers
Post Office Box 1890
G ?`Z` ll 0? 6 $
Wilmington, North Carolina 28402-1890
CESAW-C090-N-026-0391 July 26, 1990
PUBLIC NOTICE
CITY OF FAYETTEVILLE PUBLIC WORKS COMMISSION, 508 Person Street, Post
Office Drawer 1089, Fayetteville, North Carolina 28301, has applied for a
Department of the Army permit TO INSTALL AN INTAKE PIPELINE STRUCTURE AND
PLACE FILL MATERIAL IN THE CAPE FEAR RIVER, IN FAYETTEVILLE, Cumberland
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 installation of sheet-steel coffer dam about
100 feet from the shoreline to dewater an area for installation of the intake
pipelines. Corridors for the installation of these pipelines are to be
excavated, and all excavated material is to be removed to a stabilized
disposal area. An undetermined amount of fill material is to be placed inside
the coffer dam to support the walls. At the end of construction, all fill
material and the coffer dam walls are to be removed. Erosion downstream is to
be minimized.
Each intake line is to be capped with a trash screen. There are to be
compressed air lines on each pipe, and about once a week, at most, a 10-second
blast of compressed air will be sent through the air line to cleanse the
screen. The end of the lines in the River are to be marked in accordance with
instructions from the North Carolina Wildlife Resources Commission and/or the
U.S. Coast Guard. No above-water structure, for maintenance or otherwise, is
to be constructed in the River.
An access road is to be constructed to the new pump station, which is to
be located entirely on high ground. The road is to cross an old ditch/drain
which empties into a pool. This ditch handled flow from a leaky pipe system,
which has since had a french drain system installed to handle this run-off. A
culvert is to be placed in this old ditch, and is to pipe all water into the
pool. All grading is to occur over this culvert, stopping before impacting
the pool itself. The ditch has been determined not be wetlands. The purpose
of the work is to construct a new raw water intake pump station for the City
of Fayetteville. 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.
...--- .f
-2-
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this 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.
The District Engineer, based on available information, is not aware that
the proposed activity will 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 and flood plain values (in accordance with Executive Order
11988), 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.

-3-
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.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
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 24, 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, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
August 27, 1990, or telephone [phone].
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