HomeMy WebLinkAbout19930637 Ver 1_COMPLETE FILE_19930726DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 16, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199304487 and Nationwide Permit No. 25 (Structural Discharge)
Mr. R. Gene McCombs
City of Kannapolis
Post Office Drawer 1199
Kannapolis, North Carolina 28082-11.99
Dear Mr. McCombs:
Reference your application of July 16, 1993, for Department of the Army
(DA) authorization to construct elevated sewerline crossings of Lake Concord
Creek, Coldwater Creek, and several unnamed streams on the east side of Lake
Fisher east of Kannapolis, Cabarrus 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 (NWP).
Authorization, pursuant to Section 404 of the,Clean Water Act, was provided
for discharges of material, such as concrete, sand, rock, etc., into tightly
sealed forms or cells where the material will be used as a structural member
for standard pile supported structures, such as piers and docks; and for
linear projects, such as bridges, transmission line footings and walkways.
Your. work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management (NCDEM). You should contact Mr. John Dorney, telephone (919)
733-1786, regarding water quality certification. This NWP does not relieve
you of the responsibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorizatioq is modified, reissued or revoked. Also,
this verification will remain valid fh'r the-2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the NWP will
remain authorized provided the activity is completed within 12 months of the
date of the NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend or
revoke the authorization.
iO _1
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Questions or comments may be addressed to.Mr. Steven Lund, Asheville Field
Office, Regulatory Branch, telephone (704) 271-4857.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
M15'-John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Jeffery D. Moody
Alley, Williams, Carmen & King
Post Office Box 1248
Kannapolis, North Carolina 28082
State of North Carolina
Department of Environment,
Health and Natural Resources
„(
tal Management
fernor
creta ry
P.E., Director
yc t4-v,-a l 10-?fee s
Cb,-t 5+?A, -5 are
P.O. Drawer 1199
Kannapolis, N.C. 28082-1199
Dear Mr. McCombs:
August 1, 1993
AITIPFA
mAg4*
C?EHNR
Subject: Proposed fill in Wetlands or Waters
Sanitary sewer construction
Cabarrus County
DEM Project # 93637
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.1 acres of wetlands or waters which are
tributary to Cold Water Creek for sanitary sewer construction located
in Cabarrus County as described in your submittal dated 12 July 1993,
we have determined that the proposed fill can be covered by General
Water Quality Certification No. 2664 issued January 21, 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. 12. An additional condition is that stringent erosion and
control measures shall be taken near Lake Fisher.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
S'n e e
reston Howard, Jr. P.E.
93637.1tr
Attachment
cc: Wilmington District orps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
alley, williams, carmen
BURLINGTON OFFICE KANNAPOLIS OFFICE
ENGINEERS AND ARCHITECTS
p.o. box 1179 1 740 chapel hill road
burlington, north carolina 27216
telephone 9191226.5534
fax 9191226-3034
CONSULTING ENGINEERS
p.o. box 1248 1 207 south main street
kannapolis, north carolina 28082
telephone 7041938-1515
fax 7041938-6810
July 12, 1993
88521
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health
And Natural Resources
P. 0. Box 29535
Raleigh, North Carolina 27626-0535
& king, inc.
GREENSBORO OFFICE
ENGINEERS AND ARCHITECTS
300 east wendover avenue, suite 403
greensboro, north carolina 27401
telephone 9191378-2754
fax 9191378-2583
PLEASE REPLY TO:
Kannapolis
Re: City of Kannapolis
Contract XV Area "B" Sewer Improvements;
Proposed Creek Crossings
Dear Mr. Dorney:
On behalf of the City of Kannapolis,'please find attached seven
(7) copies of the joint application form for Nationwide Permits
that require notification to the District Engineer. This permit
is for proposed' sanitary sewer creek crossings shown on the
attached contract cover sheet and appropriate plan and profile
sheets. The crossings are of unnamed tributaries to Lake Fisher
on Cold Water Creek.
Also attached are photographs of the proposed crossings. We have
forwarded one copy of the application to the Army Corps of
Engineers, Asheville Office for review and processing.
Please call me at (704) 938-1515 if any further information is
required.
Sincerely,
Alley, Williams, Carmen & King, Inc.
f y D. Mo dy P.E.
LAURENCE A. ALLEY, P.E. JEFFERY D. MOODY, P.E. HERBERT A. CARMEN, A.I.A.
HAYWOOD B. KING, P.E. WAYNE B. PERRY, R.L.S. DEMETREOS N. CALLINICOS, A.I.A., R.I.B.A.
FRANZ K. HOLT, P.E. DARRELL L. RUSSELL, P.E. KENNETH D. STAFFORD, A.I.A.
t
4
DEM ID: 9363`0;_j 401 ISSUED ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRO E Mir, `a
NC DEPARTMENT ,Rh;.
AND NATURAL s
P.O. BOX 29535 2.o
RALEIGH, NC 27 535'
ATTN: MR. JOHN Y
Telephone ( 919 ) 3? o irA STy SECS
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SET-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 Kannapolis
2. OWNERS ADDRESS: P. 0. Drawer 1199, Kannapolis, NC 28082-1199
3. OWNERS PHONE NUMBER (HOME) :
(WORK) : (704) 938-5131
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Mr. R. Gene McCombs
City of Kannapolis
P. 0. Drawer 1199
Kannapolis, NC 28082-1199
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Cabarrus
NEAREST TOWN OR CITY: Kannapolis
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Sheet 3 - Sta. 46+00; Sheet 6 - Sta. 48+00; Sheet 7 - Sta. 96+65;
Sheet 8 - Sta. 3+30, 6+00, 6+75, 13+75
6. NAME OF CLOSEST STREAM/RIVER: Cold Water Creek
7. RIVER BASIN: Yadkin River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ? ] NO [x]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [x]
IF YES, EXPLAIN.
10. ESTIMATED 'T'OTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.10
2/3/92
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 0.03 (Temp. fill)
DRAINED:
FLOODED:
EXCAVATED: 0.07
TOTAL IMPACTED: 0.10
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
Sanitary sewer installations @ creek crossings
13. PURPOSE OF PROPOSED WORK: Provide sanitary sewer service to the east
side of Lake Fisher between the Dam and Lane Street
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Gravity flow sanitary sewer cannot be provided by any other route.
0: 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 [ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
]fa! 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 [ ] 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 USt OF SURROUNDING PROPERTY?
Rural/Residential
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
` i5 9
OWNER'S SIGNATUR ATE
R. Gene McCo s, City Manager
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL AND ECONOMIC RESOURC
RALEIGH, NORTH CAROLINA
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