19920542 Ver 1_COMPLETE FILE_19920101

..:; ..+..? f AWo
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
October 7, 1992
City of Fayetteville
c/o Director of Public Works
508 Person Street
Post Office Drawer 1089
Fayetteville, N.C. 28301
Dear Sir:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed protection baffle, coffer dam and warning
pilings
Cumberland County
Attached hereto is a copy of Certification No. 2785 issued
to City of Fayetteville dated October 9; 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
I
eston oward, J . P.E.
Acting Director
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

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 City of Fayetteville pursuant to an application filed on the
28th day of August, 1992 to contruct and install a protection
baffle, leave a portion of a coffer dam in place and install
warning pilings.
The Application provides adequate assurance that the
discharge of fill material into the waters of Cape Fear River in
conjunction with the proposed protection baffle, coffer dam and
warning pilings 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 it turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
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 9th day of October, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Preston Howard, Jr. E.
Acting Director
WQC# 2785
MEMORANDUM; INITIALS:
Reviewer:
TO: John Dorney WQ Supv:
Planning Branch Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT_YR: 92 PERMIT NO: 0000542 COUNTY: CUMBERLAND
APPLICANT NAME: CITY OF FAYETTEVILLE - PROTECTION BAFFLE
PROJECT-TYPE: BAFFLE PERMIT-TYPE: IND
COE_#: 199203234 DOT-#:
RCD_FROM CDA: COE DATE_FRM CDA: 08/28/92
REG OFFICE: FRO RIVER AND_SUB_BASIN #:e?oP x D D ?S
STREAM-CLASS: STR INDEX_NO:
WL_IMPACT?: YIN
WL_REQUESTED:
-E'7Z._
HYDRO_CNECT? : ?PN /A) /I y
MITIGATION?: Y
MITIGATION SIZE:
WL_TYPE : V/X_
WL_ACR_EST?: Y 4D
WL_SCORE (#) : A
MITIGATION TYPE: All&
IS WETLAND RATING SHEET ATTACHED?: Y e9
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS:
_t_I pa4!?t 5_ 4
cc: Regional Office
Central Files
1
MEMORANDUM INITIALS:
Reviewer:
TO: John Dorney WQ Supv:
Planning Branch Date:
:SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT_YR:
APPLICANT NAME:
PROJECT_TYPE:
COE_#:
RCD_FROM CDA:
R.EG_OFF I CE :
92 PERMIT NO: 0000542 COUNTY:
CITY OF FAYETTEVILLE - PROTECTION BAFFLE
BAFFLE PERMIT-TYPE;
199203234 DOT #:
COE DATE_FRM_CDA:
FRO RIVER_AND_SUB_BASIN #:
STREAM_CLASS :
STR_ I NDEX_NO : /F
WL_IMPACT?: Y/N
WL_REQUESTED:
HYDRO_CNECT?:?9N /n)
MITIGATION?: Y 16V
MITIGATION SIZE:
CUMBERLAND
IND
08/28/92
q u ?! /S
WL_TYPE :
WL_ACR_EST?: Y,(N3
WL_SCORE(#): / -
MITIGATION-TYPE:
IS WETLAND RATING SHEET ATTACHED?: Y/61
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS: - ,_IF_a?'`/,'???? "?'??,??5 -
cc: Regional Office
Central Files

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199203234
U_?
August 20, 1992
CITY OF FAYETTEV LE ?1 ISSION, 508 Person Street, Post
UU C
Office Drawer 1089, yett NkjI)h!Carolina 28301 has applied for a
Department of the Arm permit modification TO CONSTRUCT AND INSTALL A
PROTECTION BAFFLE, LEAVE IN PLACE A PORTION OF COFFER DAM, AND INSTALL WARNING
PILINGS 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. Plans submitted with the application show that a screen or baffle
is needed in front of an existing, permitted intake pipeline structure at the
Cape Fear Raw Water Pumping Station to protect it from debris and large
floating objects.which may damage it. This screen is to be constructed of
steel H-piles spaced approximately 15 feet apart. These pilings will be
driven into the river bottom at an as-yet undetermined depth. A 5-foot-wide
steel or precast concrete panel is to be bolted or welded to the top of the
H-piles. The lower edge of the panel to the river bottom will be open to the
natural flow of the river. The approximate elevation at the top of the panel
is 29.50.
The cofferdam to remain was installed during the initial construction of
the intake structure. It is located on the bank of the river, and apparently
acts as shoreline stablization. Because it is located within the bounds of
the pumping station, it does not pose a threat to anything or anybody.
The warning devices to be installed are a proposed replacement to the
warning buoys originally designed for the project. The buoys presently trap
debris floating downstream and are periodically submerged, broken off, of
limited use, and constantly need maintenance and cleaning up. The proposed
structures are to be driven into the river bottom on the outside of the
proposed baffle and will be of a sufficient height to be visible during all
but abnormally high water. The purpose of the work is to upgrade and alter
current structures at the Cape Fear Raw Water Pumping Station. 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
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (NCDEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.

-2-

This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403), Any_peMrson may request, in writing
within the comment period specified in thegnotice,p t a public hearing be
held to consider this application. Regiiests for•pub''ic 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 archeological, 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.

i 11W I
-3-
The U.S. Army Corps of Engineers (USACE) 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 USACE 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 (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act .
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
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.,
September 10, 1992, or telephone [phone].
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
August 26, 1992
MEMORANDUM I199?
_
T0: R. Preston Howard, Jr., PE
Acting Director
Division of Environmental Management,
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199203234
dated August 20, 1992 describing a proposed project by City of Fayetteville Public
Works Commission, Cumberland County, is being circulated to interested state
agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by September 10, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

I
d nc 5rA1p o-
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
August 26, 1992
MEMORANDUM
TO: A. Preston Howard, Jr., PE
Acting Director
Division of Envirom ental Managment.
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No_ 199203234
dated August 20, 1992 describing a proposed project by City of Fayetteville Public
Works Commission, Cumberland County, is being circulated to interested state
agencies for comments on applicable Section 404 and/or Section 10 permits..
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by September 10, 1992. If you have any questions re=garding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Signed
Comments on this project are attached.
This office objects to the project as proposed.
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199203234
August 20, 1992
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 (DA) permit modification TO CONSTRUCT AND INSTALL A
PROTECTION BAFFLE, LEAVE IN PLACE A PORTION OF COFFER DAM, AND INSTALL WARNING
PILINGS 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. Plans submitted with the application show that a screen or baffle
is needed in front of an existing, permitted intake pipeline structure at the
Cape Fear Raw Water Pumping Station to protect it from debris and large
floating objects which may damage it. This screen is to be constructed of
steel H-piles spaced approximately 15 feet apart. These pilings will be
driven into the river bottom at an as-yet undetermined depth. A 5-foot-wide
steel or precast concrete panel is to be bolted or welded to the top of the
H-piles. The lower edge of the panel to the river bottom will be open to the
natural flow of the river. The approximate elevation at the top of the panel
is 29.50.
The cofferdam to remain was installed during the initial construction of
the intake structure. It is located on the bank of the river, and apparently
acts as shoreline stablization. Because it is located within the bounds of
the pumping station, it does not pose a threat to anything or anybody.
The warning devices to be installed are a proposed replacement to the
warning buoys originally designed for the project. The buoys presently trap
debris floating downstream and are periodically submerged, broken off, of
limited use, and constantly need maintenance and cleaning up. The proposed
structures are to be driven into the river bottom on the outside of the
proposed baffle and will be of a sufficient height to be visible during all
but abnormally high water. The purpose of the work is to upgrade and alter
current structures at the Cape Fear Raw Water Pumping Station. 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
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (NCDEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.

-2-
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). 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 archeological, 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.
t

-3-
The U.S. Army Corps of Engineers (USACE) 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 USACE 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 (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
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.,
September 10, 1992, or telephone [phone].

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