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HomeMy WebLinkAbout19930934 Ver 1_COMPLETE FILE_199301154 - DEPARTMENT OF THE ARMY D WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 16, 1993 IN REPLY REFER TO Regulatory Branch NOV 2 g L3 ITVS?r Action ID No. 199303579 and Nationwide Permit No. 12 (Utility Line Backfill and Bedding) Town of Southern Pines Att: Mr. Alex Bowness, Mayor 140 Memorial Park Court Southern Pines, North Carolina 28387 Dear Mr. Bowness: Reference your application of November 2, 1993, for Department of the Army (DA) authorization to replace the existing pump station, add a new force main, and a gravity sewer line on Mill Creek for the Warrior Woods wastewater collection system in Moore County, North Carolina. For the purposes of the 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 404 of the Clean Water Act, was provided for the discharge of material for backfill or bedding for utility lines, including outfall and intake structures, provided there is no change in pre-construction contours. Your work is authorized by this nationwide permit 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 this water quality certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the two 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 two years, the nationwide permit 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 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 twelve 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. -2- Questions or comments may be addressed to Mr. Jeffrey Richterr, Wilmington Area Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copy Furnished (without enclosure): 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 State of North Carolina Department of Environment, Health and Natural Resources ??. Division of Environmental Management '?I James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N A. Preston Howard, Jr., P.E., Director November 10, 1993 Mayor Alex Bowness Town of Southern Pines 140 Memorial Park Court Southern Pines, N.C. 28387 Dear Mr. Bowness: Subject: Proposed fill in Wetlands or Waters Sewer pump station and sewer lines Moore County DEM Project # 93934 Upon review of your request for 401 Water Quality Certification to place fill material in 0.28 acres of wetlands or waters which are tributary to Mill Creek for sewer pump station and sewer lines located at Cherokee Road and N.C. 22 in Moore County as described in your submittal dated 29 October 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2664. 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. 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. Sincerely, reston Howa Jr. P.E. 93934.1tr Attachment cc: Wilmington District C rps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DEM Regional Office Mr. John Dorney Central Files Ronald Huff; Hobbs, Upchurch and Associates P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 5CM recycled/ 10% post-consumer paper Hobbs, Upchurch & Associates, P.A. Consulting Engineers M ev h Post Office Box 1737 . Southern Pines, NC 28388 U I f October 29, 1993 NOV - 31993 i WETLANDS GROUN?? WATER U? LITY SECTION O Mr. John Dorney Water Quality Planning Division of Environmental Management NCDEHNR 401 P.O. Box 29535 Raleigh, NC 27626-0535 RE: Permitting and 401 Certification of Construction of Warrior Woods Pump Station and Associated Line Work, Town of Southern Pines, North Carolina HUA No. SP9225 Dear Mr. Dorney: Enclosed please find seven copies of the permit application for this project. Also included are several plan sheets showing the location and wetland disturbance areas. I have not sent complete sets of plans. These are available if you need them. The amount of wetlands area to be disturbed by the installation of the project is less than one-third of an acre. Please furnish a 401 Certification if necessary. Please contact me if you need additional plan sheets or further information in order to review the project and supply the necessary certification. Thank you for your attention in this matter. Sincerely, HOBBS, UPCHURCH & ASSOCIATES, P.A. Ronald S. Huff, P.E. Enclosure RSH/rjp/oct29 290 S.W. Broad Street Telephone 919-692-5616 Fax 919-692-7342 n6-15-V n2~37 PM DEM ID: IL C) ACTION ID: Pn3/n4 401 ISSUED 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 PLANK DIVISION OF ENVIRONM NC DEPARTMENT OF ENV AND NATURAL RESO' P.O. Box 29535 RALEIGH, NC 27626-0' ATTN: MR. JOHN DORN Telephone (919) 733- NUV - 3r ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT WATkI to Tm'm ENGINEERS. SEVEN (7) COPIES SHOULD Be SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: Town of Southern Pines 2. OWNERS ADDRE33: 140 Memorial Park C fy "I 3. OWNERS PHONE NUMBER (HOME): N/A (WORK): 219/692-7021 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Alex Bowness Mayor own of Solithern-Pingg 140 Mamnrial Park rt, 5 6. NAME OF CLOSEST STREAM/RIVER: LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: NEAREST TOWN OR CITY: _SourhPrn Pinuac SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, RIVER BASIN: Cape Ye 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO CX j 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ) NO [X J IF YES, EXPLAIN. 7 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: .28 2/3/92 Itnfi-15-97 W:37 PM M /Al -2-- 11. NUMRaR OF ACRES Of WATERS OF TILE U.s., INCLUDINQ WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLEDi DRAINED: FLoODYD: EXCAVATHDc _ 2$ TOTAL IKPACTSD: 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS), ('n.,cf r,,,,} S.e? Um station with aDF tPn^nt gr^vi t*, , ejWT ] in c and f L o Main 17. PURPOSE OF PROPOSED WORK: Provide sanitar dev_el02-i of Cn„tl. .._ P- to P-nes 14. STATZ REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST D$ CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURg8 TAKEN TO KINIKILE WETLAND IxPACTS. PUMP station m ict :,- i,.,._- - 16. YOU ARE REQUIRED TO CONTACT THE U.B. FI3H AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FI9HERIYD 8ZRVIOE (NMFB) REOARDINO =3 PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANORRED OR THRBATDN$D SPECIES OR CRITICAL HABITAT IN Ttm PERMIT AREA THAT MAY BE AFFECTED MY THE PROPOSED PROJECT. HAVE YOU DONE 807 YEN (X) NO ( ) RESPONQZS FROM THE USFW8 AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OSFICSR (SHPO) REaARDINC THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE 607 YES (X) NO ( ) RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. %• ADDITIONAL INFORMATION REQUIRED BY DEW: A- W3TLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THS PROPERTY. S. IF AVAILADLQ, REPAZOENTATIVB PHOTOGRAPH OF WETLANDS TO HE IMPACTED BY PROJECT. C. IF DELINEATION WAS PBRFOR= By A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THS DELINEATION LINE. D. IF A STOR WATER MANAGEMENT PLAN 28 RBQVIR$D FOR THIS PROJECT, ATTACH COPY. E. WHAT is LAND USE OF SURROUNDING PROPERTY? Residential development F. IF APPLICA9L8, WHAT 23 PROPOSED METHOD OF SEA z DISPOSAL? Collect RPmaoc - u-____ „ . , tt R' DATE w BIOLOGICAL ASSESSMENT FOR TOWN OF SOUTHERN PINES UPGRADING OF WARRIOR WOODS WASTEWATER COLLECTION SYSTEM, MOORE COUNTY, NORTH CAROLINA 401 ISSUEC) Prepared By Dr. J.H. Carter III and Ms. Patricia Purcell Dr. J. H. Carter III and Associates Environmental Consultants P.O. Box 891 Southern Pines, N.C. 28388 Submitted 10 July 1993 To Hobbs, Upchurch and Associates Consulting Engineers P.O. Box 1737 Southern Pines, N.C. 28388 BIOLOGICAL ASSESSMENT FOR TOWN OF SOUTHERN PINES UPGRADING OF WARRIOR WOODS WASTEWATER COLLECTION SYSTEM, MOORE COUNTY, NORTH CAROLINA INTRODUCTION The Town of Southern Pines, Moore County, North Carolina, proposes to add to its wastewater collection system in the Warrior Woods section of Southern Pines. The primary improvements will involve replacing the existing pump station, adding a new force main, and a gravity sewer line. This assessment was prepared to address potential impacts to species listed as threatened or endangered, or proposed for such listing, by the U.S. Fish and Wildlife Service (USFWS). State listed species were also taken into account. PROJECT DESCRIPTION The proposed project will abandon the existing pump station in the Warrior Woods subdivision and construct a new pump station (site approximately 50 by 30 feet), extend a gravity sewer line (2284 linear feet) to the new pump station from N.C. Highway 22, and add a new force main (1605 linear feet) to tie into an existing force main at N.C. 22 and Mill Creek. The purpose of the project is to provide better wastewater service in an expanding development area. PROJECT AREA The project area is located about 0.5 miles south of Moore County Airport, just east of Highway 22, just north of Mill Creek and just southwest of the Warrior Woods residential development (Figure 1). The project runs parallel to, and north of, Mill Creek in order to avoid impacts to wetlands as much as possible. Most of the habitat impacted consists of second-growth longleaf pine (Pines palustris) and turkey oaks (Quercus laevis). The ground-cover was sparse due to past logging and the exclusion of fire. The right-of-way crosses forested wetlands vegetated with loblolly pines (Pines taeda) and pond pines ( Pines serotina) in the overstory, and �� �_/fes %�. • � • . •`+:•saa■sa+•• ,'%;�.- '� �.J ♦♦tt f� ��_•.. • .alp/ -�• ,%`� •� . ` / .! rr / , Oyu • / 1 '• r��J •,+ l( 11/- It ll • ':%� / �id�' S+� r: • M CQ1JNfY. AIRPORT ( e•�04 r / Lam, ` + \ �' \ ' „ ,\ 1 If \�yy'�y+�)) Jl"1���1\1, j�t+ .' i�l ,f��._�,�). � \�•"' ii _'a /� ,1 �\�f_`,`��y• " ( ,I('�, ��1 l -1j' '\�V% 1 � - . � • � • ;lir' �`,.'� �, � L_Afli, � � •-? „ ��\ ,�� \ � 1%/fes // a'1 Il IlJ I" lt- 1 r``�� ��, '� �" �Iw\^�. \ .\�/�� �� � •pJ , �y0/ J ._ ( Vi • \ - J \ \tel — q r' J, . .• i Free �\ � •\' 1 � , %- i • % , , M x • es' L Will baa+ ♦/1 (/%/J� .r� ''? i �w b_., i,;x• � .. 1� tA� � r'• ' �Ij jl / 1lt>:"'... .�:... � •�, �- -., Zi`:.�f iii �_. .�� � � "\ .'-��;, ,'. ,• \ Irli �. K__L._::- .d... � , / , ��\♦1 �� 450' 'I I / //i� `1 `� ! /' ;�'�• *dt '1 '� l� I I • i/. �\ I ' \'al ♦d �%� a'„ _� /' /,� � +III %iY♦ ._.MI \t ,` I'\', Jn i. .'� •n! r=• � '�k�' 'i� `\ /! ' -/,'p ♦ , ! 1�i /! ��•`_',_"'� II �,` �. ,' IV 1' /' •� /!E �'` •iJ� , �''r,• �l`v ,vti/i�/ /' � .:� �ls •n 1 t'�r � � I,.. � !�\.�. �^�C�.y\ � � , •e• I J�� I i' �I • I '`' \ N� 1 ,1/ /t�-- • .I �.. •� ..y',� w `\ ,\ `I. t' •1• /� QUO \ a �' �, s= -_;'_ �r�•.♦ ��.t/�-��.�'�- '• . ._' • \`. ` i � !�•1I� \• .�� i is , ��j��7 �\�J- �' '% � �� f � �� • � � `� 5/s,� i Id18 i . n � O II �f v 1` T � n � • � -_ ,•` tit � N ) � w `!t1 /`I • 1 •1'N I /' - •f ae• •� tr 11 ���2 w '♦ t M � �� t\. ',1 noilwo % • • i � »� ' \ n a � .• a (� � 33? • / : _ 'lay,./` : 5p_ ' !os hs ).` •� ) � , � t r7T-11 I, �•I itr %.�If •;, ;-* - a•.1 II; ^� '�--ti:.•.� ' I,�1�' J .'-\ CIL 10 vpf �% 1 . i to �• . . �. _ •m(0. 1 wag r/ 'y �,-1 + � �r•rt� ��-'" � �.\s �y. _ l 1 Q spOs ,y" \� •-•, �-: H'•` , :l,ea'��.�:� F;t1ar�1 '� � ,��•` ••--� /-)�', • a I'l ./,. 'Wi ..'UO (pe•� J� '-.✓ alr (1, FIGURE 1. PROJECT SITE, WARRIOR WOODS WASTEWATER COLLECTION SYSTEM i shrubs and vines such as fetterbush (Lyonia lucida) , gallberry (ilex glabra), and catbrier (Smilax sp.) in the understory. METHODS Surveys were conducted for 4 species listed as threatened or endangered, or formally proposed for such listing, by the USFWS. They were the red-cockaded woodpecker (Picoides borealis) (RCW), rough-leaved loosestrife (Lysimachia asperulaefolia), Michaux's sumac (Rhus michauxii) , and chaffseed (Schwalbea americana). State listed species were also included in the search. All appropriate plant and RCW habitats on the new pump station site, and within 100 feet on both sides of the survey lines where the sewer mains will be constructed, were surveyed on foot on 11 and 12 June 1993. Potential RCW habitats within one-half mile of the construction area were also surveyed on these dates, but the majority of the one-half mile radius was surveyed on 7 July 1993. Some of that area was also surveyed between 17 and 22 September 1992 for another project (the updating of the 201 Facilities Plan for the Town of Carthage in Moore County). Two RCW colony sites are known from the N.C. State University (NCSU) RCW study (SOPI 30 and SOPI 87). Both sites were checked on 12 June 1993 and both were inactive. SOPI 30 has been abandoned for more than 12 years, and SOPI 87 has been inactive since 1989 (NCSU data). All jurisdictional wetlands and waters within the project corridor were identified and delineated on 11 and 12 June 1993, and confirmed by the Army Corps of Engineers on 30 June 1993. RESULTS AND DISCUSSION The proposed construction right-of-way passes mostly through longleaf pine- scrub oak stands, with approximately 250 feet passing through a streamhead pocosin wetland. Approximately 478 feet of the right-of-way parallels Highway 22, and falls within the existing right-of way in disturbed, previously cleared wetlands. No listed plant species (state or federal) were found in, or adjacent to, the project site. Potential rare plant habitats were very limited due to extended fire exclusion that has resulted in dense shading and litter accumulation. Although the right-of-way contains good foraging habitat for the RCW, there is little potential for cavity trees in the immediate project area due to the age of the pine trees. Surrounding areas also contained good RCW foraging habitat and some potential cavity trees, but no unknown cavity trees were found. The two RCW colony sites (SOPI 30 and 87) within the one-half mile radius were inactive when checked. CONCLUSIONS We conclude. that this project will have no effect on species listed as threatened or endangered, or proposed for such listing, by the USFWS. 4?) 1 iI?'Or-v) BIOLOGICAL ASSESSMENT FOR TOWN OF SOUTHERN PE14M UPGRADING OF WARRIOR WOODS WASTEWATER COLLECTION SYSTEM, MOORE COUNTY, NORTH CAROLINA Prepared By Dr. J.H. Carter III and Ms. Patricia Purcell Dr. J. H. Carter III and Associates Environmental Consultants P.O. Box 891 Southern Pines, N.C. 28388 Submitted 10 July 1993 To Hobbs, Upchurch and Associates Consulting Engineers P.O. Box 1737 Southern Pines, N.C. 28388 BIOLOGICAL ASSESSMENT FOR TOWN OF SOUTHERN PINES UPGRADING OF WARRIOR WOODS WASTEWATER COLLECTION SYSTEM, MOORE COUNTY, NORTH CAROLINA INTRODUCTION The Town of Southern Pines, Moore County, North Carolina, proposes to add to its wastewater collection system in the Warrior Woods section of Southern Pines. The primary improvements will involve replacing the existing pump station, adding a new force main, and a gravity sewer line. This assessment was prepared to address potential impacts to species listed as threatened or endangered, or proposed for such listing, by the U.S. Fish and Wildlife Service (USFWS). State listed species were also taken into account. PROJECT DESCRIPTION The proposed project will abandon the existing pump station in the Warrior Woods subdivision and construct a new pump station (site approximately 50 by 30 feet), extend a gravity sewer line (2284 linear feet) to the new pump station from N.C. Highway 22, and add a new force main (1605 linear feet) to tie into an existing force main at N.C. 22 and Mill Creek. The purpose of the project is to provide better wastewater service in an expanding development area. PROJECT AREA The project area is located about 0.5 miles south of Moore County Airport, just east of Highway 22, just north of Mill Creek and just southwest of the Warrior Woods residential development (Figure 1). The project runs parallel to, and north of, Mill Creek in order to avoid impacts to wetlands as much as possible. Most of the habitat impacted consists of second-growth longleaf pine (Pinus palustris) and turkey oaks (Quercus laevis). The ground-cover was sparse due to past logging and the exclusion of fire. The right-of-way crosses forested wetlands vegetated with loblolly pines (Pinus taeda) and pond pines ( Pinus serotina) in the overstory, and i FIGURE 1. PROJECT SITE, WARRIOR WOODS WASTEWATER COLLECTION SYSTEM shrubs and vines such as fetterbush (Lyonia lucida) , gallberry (Ilex glabra), and catbrier (Smilax sp.) in the understory. METHODS Surveys were conducted for 4 species listed as threatened or endangered, or formally proposed for such listing, by the USFWS. They were the red-cockaded woodpecker (Picoides borealis) (RCW), rough-leaved loosestrife (Lysimachia asperulaefolia), Michaux's sumac (Rhus michauxii) , and chaffseed (Schwalbea americana). State listed species were also included in the search. All appropriate plant and RCW habitats on the new pump station site, and within 100 feet on both sides of the survey lines where the sewer mains will be constructed, were surveyed on foot on 11 and 12 June 1993. Potential RCW habitats within one-half mile of the construction area were also surveyed on these dates, but the majority of the one-half mile radius was surveyed on 7 July 1993. Some of that area was also surveyed between 17 and 22 September 1992 for another project (the updating of the 201 Facilities Plan for the Town of Carthage in Moore County). Two RCW colony sites are known from the N.C. State University (NCSU) RCW study (SOPI 30 and SOPI 87). Both sites were checked on 12 June 1993 and both were inactive. SOPI 30 has been abandoned for more than 12 years, and SOPI 87 has been inactive since 1989 (NCSU data). All jurisdictional wetlands and waters within the project corridor were identified and delineated on 11 and 12 June 1993, and confirmed by the Army Corps of Engineers on 30 June 1993. RESULTS AND DISCUSSION The proposed construction right-of-way passes mostly through longleaf pine- scrub oak stands, with approximately 250 feet passing through a streamhead pocosin wetland. Approximately 478 feet of the right-of-way parallels Highway 22, and falls within the existing right-of way in disturbed, previously cleared wetlands. No listed plant species (state or federal) were found in, or adjacent to, the project site. Potential rare plant habitats were very limited due to extended fire exclusion that has resulted in dense shading and litter accumulation. Although the right-of-way contains good foraging habitat for the RCW, there is little potential for cavity trees in the immediate project area due to the age of the pine trees. Surrounding areas also contained good RCW foraging habitat and some potential cavity trees, but no unknown cavity trees were found. The two RCW colony sites (SOPI 30 and 87) within the one-half mile radius were inactive when checked. CONCLUSIONS We conclude. that this project will have no effect on species listed as threatened or endangered, or proposed for such listing, by the USFWS.