19920167 Ver 1_COMPLETE FILE_19920101

r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 10, 1992
Regulatory Branch
Action ID. 199202506 and Nationwide Permit No. 33 (Temporary Construction,
Access and Dewatering) ?_ --,
City of Shelby
Attn: Mr. David Wilkison
300 North Washington St
Shelby, North Carolina 28150
Dear Mr. Wilkison:
Reference your application of March 16, 1992, for Department of the Army
authorization to install a new raw water intake along the banks of the First
Broad River approximately 1 mile north of the U.S. 74 bridge in Shelby,
Cleveland County, North Carolina.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for temporary structures
and discharges, including cofferdams, necessary for construction activities or
access fills or dewatering of construction sites; provided the associated
permanent activity was previously authorized by the Corps of Engineers or the
U.S. Coast Guard, or for bridge construction activities not subject to Federal
regulation.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. Please contact Mr. John Dorney, North
Carolina Division of Environmental Management, telephone [phone], to
obtain a waiver or water quality certification for the proposed work. This
permit is effective upon receipt of the waiver or certification.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
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would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Steve Lund, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
?. John Dorney
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
.wSWLo
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 May 26, 1992 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. David Wilkinson
City of Shelby
300 North Washington Street
Shelby, N.C. 28150
Dear Mr. Wilkinson;
Subject: Proposed Fill in Wetlands
Water Intake Structure
City of Shelby
Cleveland County
DEM Project #92167
Upon review of your request for Water Quality Certification
to place fill material in 0.01 acres of wetlands for
construction of a water intake structure for the city of Shelby
located at First Broad River, near US 74 in Cleveland County, we
have determined that the proposed fill can be covered by General
Water Quality Certification No. 2728 issued Mayl, 1992. A copy
of the General Certification is attached. This Certification may
be used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 33.
If you have any questions, please contact John Dorney
at 919/733-5083.
Sincerel ,
eo ge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Mr. Michael Palmer, McGill(110AL9s@fb9:F§tes
Asheville She]F?W,?vgge/ j rd esville 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 27620-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Ernplover
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 18, 1992

Memorandum To: John Dorney ?j
From: D. Rex Gleason o
Prepared By: Kim H. Colson
.l/?
Subject: 410 Certification Review
City of Shelby
Raw Water Intake
Cleveland County, NC
The following project has been reviewed by the staff of this
Office and it is recommended that a 401 Water Quality Certification
be issued:
1. City of Shelby
Raw Water Intake
Watershed Classification: WS-III
Less than one acre - NW26
General Permit applies.
If you have any questions concerning this matter, please
advise.
KHC
"-'A
WGILL ASSOCIATES, P.A.
DO CONSULTING ENGINEERS
April 27, 1992
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27625-0535
APR 2 91M
RE: Water Treatment Plant Expansion
Raw Water Intake
Shelby, Cleveland County
Dear Mr. Dorney:
Please find enclosed the following for your use:
c-
1. Seven (7) copies of the completed joint application form.
2. Seven (7) copies of the letter received from the North Carolina Department of Cultural
Resources.
3. Seven (7) copies of the letter received from the United States Department of the Interior.
4. Seven (7) copies of the Location Map.
5. Seven (7) copies of the Proposed Raw Water Intake.
The project involves the installation of a new raw water intake along the banks of the First Broad River,
approximately one (1) mile north of U.S. 74 bridge (Latitude 35 d 18' 20" N, Longitude 81 d 33' 51" W) in
Shelby, Cleveland County, North Carolina.
If you should have any questions or need additional information, please feel free to call.
Sincerely,
McGILL ASSOCIATES, P.A.
MIC AEL G. ALMER, E.I.T.
MGP:jIj
Enclosures
cc: Robert Gidney
Harlow Brown
Don Rhom
91211/dorney27
P.O. BOX 2259 / 704/252-0575 / 38 ORANGE STREET
ASHEVILLE, NC 28802 704/252-2518 LFAX] ASHEVILLE, NC 28801
RECEIVED
DEH R-DEII-Via
2 APR 2 [. Emit! -11
1"1_16 17 DEM ID: I E? &h@I ..
JOINT APPLICATION FORM FORAPR 2 919A2' '
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT EN IN R
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATTONCCONCURRE E
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECT109 '401 G RTIFICAT.1
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: City of Shelby
2. OWNERS ADDRESS: 300 North Washington Street
Shelby, North Carolina 28150
3. OWNERS PHONE NUMBER (HOME): N/A (WORK): 704-484-6801
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A j
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Cleveland
NEAREST TOWN OR CITY: Shelby
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): On First Broad
River approximately one (1) mile north of US 74 br.id&e
Latitude 35° 18'.20"N, Longitude 81° 33'51" W
6. NAME OF CLOSEST STREAM/RIVER: First Broad River
7. RIVER BASIN: Santee
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [x] NO [ ]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [ J
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
less than 0.1 acre
2/3/92

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11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED: 40.1 acre
TOTAL IMPACTED: 40.1 acre
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Reinforced concrete intake
structure located on east bank with submerged suction pipe exten a 10 eet
into channel and supported from channel bottom
13. PURPOSE OF PROPOSED WORK: to provide transfer of raw source water to an
-existing treatment plant which produces potable water for the City o 5 e by.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. The intake is the primary means for withdrawing raw water from the
river. Temporary c6fferdams will be used-to-aid the insta iaation
of the suction pipes
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ 4 NO [
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [x] NO [
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Agriculture
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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OWNER'S SIGNATURE DATE
David Wilkison 3-16-92
I ECCIVED
y?.= ??1 APR 29 AM 11: 32
North Carolina Department of Cultural Resources
James G. Martin, Governor
Patric Dorsey, Secretary
April 14, 1992
Mr. Joel Storrow, P.E.
McGill Associates
P.O. Box 2259
Asheville, N.C. 28802
Re: Water treatment plant expansion, raw,
water intake, Shelby, Cleveland County,
ER 92-8054
Dear Mr. Storrow:
Division of Archives and History
William S. Price, Jr., Director

Thank you for your letter of March 11, 1992, concerning the above project.
There are no known recorded archaeological sites within the project
boundaries. However, the project area has never been systematically
surveyed to determine the location of significance of archaeological
resources. The project area is considered to have a high probability for the
presence of significant archaeological resources. The location adjacent to
the First Broad River suggests the possibility of buried archaeological sites.
We recommend that a comprehensive survey be conducted by an
experienced archaeologist to identify the presence and significance of
archaeological remains that may be damaged or destroyed by the proposed
project. Potential effects on unknown resources should be assessed prior to
the initiation of construction activities. `
Enclosed is a list of archaeological consultants who have conducted or
expressed an interest in conducting contract work in North Carolina.
Individual files providing additional information on the consultants may be
examined at the State Historic Preservation Office's Office of State
Archaeology, 421 North Blount Street, Raleigh. If additional names are
desired, you may consult the current listing of the members of the Society of
Professional Archaeologists, or contact the society's current
secretary/treasurer, J. Barto Arnold, III, P.O. Box 13265, Austin, Texas
78711-3265. Any of the above persons, or any other experienced
archaeologist, may be contacted to conduct the recommended investigation.
We have conducted a search of our files and are aware of no structures of
historical or architectural importance located within the planning area.
However, since a comprehensive historical architectural inventory of
Cleveland County has never been conducted, there may be structures of
which we are unaware located within the planning area.
109 EastJones Street 9 Raleigh, North Carolina 27601-2807
? r
Mr. Joel Storrow
April 14, 1992, Page 2
If there are any structures more than fifty years old on or adjacent to the
project site, please send us photographs (Polaroid type snapshots are fine) of
each structure. These photographs should be keyed to a map that clearly
shows the site location. If there are no buildings over fifty years old on or
adjacent to the project site, please notify us of this in writing.
The above comments are made pursuant to Section 106 of the National
Historic Preservation Act of 1966 and the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106, codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
,Sincerely,
l6avi Brook
Deputy State Historic Preservation Officer
DB:slw
Enclosures
cc: Wayne Wright, ACOE, Wilmington
HCEIVID
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'El, HTS & ENGIN. UNIT TAKE?? M
l Il It E'(i St at es I )cpa 1-11 t??;Itc?riur• PRIDE IN
AMERICA ?
FISH AND WII.1>I.IF}; til;lt?'Ic'};
Asheville Field (Office
? o
330 Kidgefield Court
Asheville, North Carolina 28806
April 2, 1992
lpCo 5- ll?
Mr. Robert Gidney, P.E.
City of Shelby
P.O. Box 207
Shelby, North Carolina 28150
Dear Mr. Gidney:
Subject: Proposed raw water intake, water treatment plant expansion for
the City of Shelby, North Carolina
This responds to your letter of March 11, 1992 (received March 20, 1992),
requesting our comments on the subject project. These comments are
provided in accordance with the provisions of the Fish and Wildlife
Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543).
The U.S. Fish and Wildlife Service (Service) is particularly concerned
about: (1) the potential impacts the proposed action may have on the
federally threatened dwarf-flowered heartleaf (Hexastvlis naniflora) and
(2) the potential impacts to stream and wetland ecosystems within the
project impact area.
Before the Service can agree that your responsibilities under Section 7 of
the Endangered Species Act have been satisfied for the dwarf-flowered -
heartleaf, it is necessary that you provide us with information to support
a determination that the dwarf-flowered heartleaf does not occur within the
impact area of the project. After we receive a copy of the survey results
(including documentation about the methodology used for the survey work and
the expertise of those conducting the survey), we will be able to make a
determination as to whether your obligations under Section 7 of the
Endangered Species Act have been satisfied.
We note that you are applying to the U.S. Army Corps of Engineers (Corps)
for a nationwide permit for this project. Whether or not the project
proceeds under a nationwide permit, we would like to emphasize that
preference should be given to construction techniques that avoid and/or
minimize encroachment and impacts to these resources. Should impacts then
be deemed unavoidable, mitigation will be required. We will await the
outcome of the Corps' decision before we comment on the need for
mitigation.
We look forward to working with you to develop a plan to prevent or lessen
further impacts to important resource areas and preventing impacts to
threatened and endangered species. We would be pleased to meet with you or
your staff to discuss our concerns. Please advise us of any action taken
by your office in this matter. We appreciate the opportunity to provide
these comments and request that you continue to keep us informed on the
progress of this project. In any future correspondence concerning this
project, please reference our Log Number 4-2-92-047.
Sincerely,
Brian P. Cole
Field Supervisor
cc:
Mr. Randall C. Wilson, Nongame Section Manager, Division of Wildlife
Management, North Carolina Wildlife Resources Commission,
512 N. Salisbury Street, Raleigh, NC 27604-1188
Director, North Carolina Natural Heritage Program, P.O. Box 27687,
Raleigh, NC 27611
Mr. Cecil Frost, North Carolina Department of Agriculture, Plant
Conservation Program, P.O. Box 27647, Raleigh, NC 27611
Mr. Joel L. Storrow, P.E., McGill Associates, P.A., P.O. Box 2259,
Asheville, NC 28802 ..
rco u o-n t-0 Ito,
:? .E. Apfttt,?.a.w s/ I s/9z

DEM ID: TZ, 7
NO C 3JECTION
ILDLIFE RES U ?S CGMMISSIUl1
(-8-9z.
ACTION ID:
JOINT APPLICATIO
NATIONWIDE PERMITS THAT REQUIRE NOTIFI nON THEDISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTI?#ON
'fff NATIONWIDE PERMITS THAT REQUIRE INDIVOI ?CERTIOFICATIONE
WILMINGTON DISTRICT ENGINEER WAT Y`PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 281402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: City of Shelby
2. OWNERS ADDRESS: 300 North Washington Street
Shelby, North Carolina 28150
3. OWNERS PHONE NUMBER (HOME):. N/A (WORK): 704-484-6801
14. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Cleveland
NEAREST TOWN OR CITY: Shelby
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): On First Broad
River approximately one (1) mile north of US 74 bridge
Latitude 35° 18'.20"N, Longitude 81° 33`51" W
6. NAME OF CLOSEST STREAM/RIVER: First Broad River
7. RIVER BASIN: Santee
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [x] NO [ ]
9. HAVE ANY SECTION 4014 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [ ]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LC+CATED ON PROJECT SITE:
less than 0.1 acre
2/3/92