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HomeMy WebLinkAbout19951267 Ver 1_COMPLETE FILE_19951219State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., RE., Director APPROVAL of 401 Water Quality Certification Mr. George Lowder Director of Engineering and Water Resources City of Concord Post Office Box 308 Concord, N.C. 28026 Dear Mr. Lowder: FILE You have our approval to excavate 1.2 acres of wetlands or waters for the purpose of installing a sewer outfall and sewer street collectors, running north along Black creek for the Wolf Meadow Community, as you described in your application dated 11 December 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3022. This certification allows you to use Nationwide Permit Number 12 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DEM Regional Office Mr. John Domey Central Files Jr. P.E. 951267.1tr A14 ; tr-ee ED F= P1 December 20, 1995 Cabarrus County DEM Project # 951267 P.O. Box 29535, Rdeigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper Il I'lll' lNl19/lM? 6ip hiar.. December 11, 1995 N.C. Dept. of Environment, Health and Natural Resources Division of Environment Management Environmental Services Branch 4401 Reedy Creek Road Raleigh, N. Carolina 27607 ATTN: John Dorney Subject: Wolf Meadow Sewer Extension Contract 94-S4 Concord, N.C. Cabarrus Co. DEM Concurrence NWP 12 - Utility Line Dear Mr. Dorney, Enclosed is a copy of the NWP #12 application, a copy of the approved 401 Permit from the Army Corp of Engineers, a copy of the DLR approved Sedimentation and Erosion Control Permit and one complete set of the construction plans with seven copies of the overall vicinity plan of the subject project for your use and approval. If you have any concerns or further questions, please do not hesitate to call me at (704) 786-6161 Ext. 304. Your prompt attention and cooperation in this matter is appreciated. Sincerely, G. Tim Lowder, P.E. Director of Engineering and Water Resources GTL/lp RECEVI=.D D t;; ` 1995 Enclosures FNVIk ;N? L? ;.::s,,i rucrs cc: Contract File - Wolf Meadow Sewer Extension Computer File ENGINEERING DEPARTMENT City of Concord • P.O. Box 308 • 66 Union Street, South • Concord, North Carolina 28025 • (704) 786-6161 • Fax (704) 786-4521 • TDD 1-800-735-8262 Dr.m ID: ACTION ID: NATIONWIDE PERMIT APPLIED FOR .(PROVIDE NATIONWIDE PERMIT /): 12 JOINT APPLICATION FORX TOR XATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS KATIONWIDE PERXITS TWIT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PLRXITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER .CARPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 26402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION -OF .ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733'5983' 1749(o 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 Concord 2. OWNERS ADDRESS: . v. . v. 3. OWNERS PHONE NUMBER (HOME): (WORK): 704/786-6161 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Georqe T. Lowder, P.E. Director of Engineering and Water Resources P.O. Box 308, Concord NC 28026 -0308 704 786-6161 Ext. 304 S. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Cabarrus NEAREST TOWN OR CITY: Concord SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LA1.'DMARRS, ETC.): Beginning at near crossing of SR 1304 and Coddle Creek and running north along Rlac-k Cree to crossing of SR 1310 (Reference attached Plans) 6. FXKE OF CLOSEST STREPy./RIVER: 7. RIVER BASIN: Rocky River - Pee Dee River 6. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, $A, 8Q?W, ORW, WS I, OR WS II? YLS ( I 8O 1XI 9. FAv"E A.N'Y SECTION 404 PERMITS BEEN PREVIOJSLY REQUESTED FOR USE ON THIS FROFERTY? YTS ( j NO IX) IF YES, LXPL.AIN. ]0. ZSTIMJ."ED Td'it.L F'J?-VFF, OF ACRLS OF V"LPS OF TKE U.S., INCLUDING ?'£:.Ati?S, Lcy1.:ED O!: PFt--,?-T£C•: 51:£: 1.2 {/- acre_ 3/30/4? -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: N/A DRAINED: N/A FLOODED: NIA EXCAVATED: 1. 2 +/- acres TOTAL IMPACTED: 1-2 +/- acres 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): installation of approximately 3,973 +/- If of sewer outfall and 4,461 +/---If of sewer street collectors. 13. PURPOSE OF PROPOSED WORK: to provide gravity flow sanitary sewer to City of -Concord annexed areas in/near the Wolf Meadow Community. 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, MOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. _ Project runs parallel to Black Creek in basin to be served.with sanitary sewer and as such, wetland areas to be crossed. original contours to be maintained and low areas. will not be filled. 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 ?OR 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 ( I NO IX) RESPONSES FROM THE USFWS AND/OR !PHI'S SHOULD BE FORWARDED TO CORPS. 16. YOU ARE REQUIRED TO CONTACT THE STATE BISTORIC 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 k I RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. ADDITIONAL INFORMATION REQUIRED BY DEK: 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 DELINL}.TION i kS Trrcro .IMD by A CONSULTANT, INCLUDE ALL DXTA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. D. IF A STOPJiWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND.V$$ OF SURROUNDING PROPERTY? Residential/Open Some Commercial?Industrial F.,/IF APPLICABLE, VFAT IS PROPOSED M£THOD OF SEWAGE DISPOSA17 ?.? to/ZS 55 G?? LF.'S SIG!??TUit? DATE HARRISBURG QUADRANGLE :LOPMENT NORTH CAROLINA N LAS i?WY L? 7.5 MINUTE SERIES (TOPOGRAPHIC) WI ` 530 40' fir: r?•. r ,Ir> r r?, 532 ,1510000 FEET 533 80°7' 0 u.: •?? G75 •? '??6 3914 X594 ?? •? - r ?? `? - ego= I _ - `JAR 576 ' (•?, •`? 4?' - : • - ?\ / < _ 90 h, _.?- ?\?// /fir ??•. I 1. ??• ?n' 1// b/ 3913 590C ?pz? nab - / ° I WT • der ?° -'_. J i -? .\ ,? c. „i, ??•?•? ? ? ? -?o FEET Roberta M _ p n12 23 17 ?/ •--__? / ' 1 - ch, 607 4 _ l ?_ `\ ?? / - 135` t3:C• ° / o?? _ X11 _ - ) ?? - 1 tJ) J. 1 l? ° ; ;,7r Trailer \ 7) el, ?Cree 20' ? r ?'; _ 1? .may r-- ? --_V /• _ ? ;? 1'?? ? G? r' i C / 1 ?` ,y 6<4 -' State of North Carolina Department of Environment, ' Health and Natural Resources ` Mooresville Regional Office' James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary IDIEHNF;Z DIVISION OF LAND RESOURCES LAND QUALITY SECTION December 8, 1995 Mr. G. Tim Lowder, P.E. Director of Engineering & Water Resources City of Concord Post Office Box 308 Concord, North Carolina 28025 I:i. LF;Ir1;i:vi rd?lr.JVt,L ;I i1 VDTIZi:A`lvh;a Project Name: Wolf Meadow Sewer Extension Location: Cabarrus County Submitted By: City of Concord Date Received: December 6, 1995 New Submittal. Revision Dear Mr. Lowder: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this letter of approval with modifications. A list of the modifications required is attached. This approval is conditioned upon the incorporation or addition of these modifications to the plan. If these modifications are not included in the plan and implemented on the construction site, the site will be in violation of the Sedimentation Pollution Control Act of 1973. (G.S. 113A-61(d). P7?9se be advised that Title 15 NCAC 4B .0017(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, you ccnsidcr this letter to give the Notice required by G.S. 113A-61(d) of our right of periodic inspection to insure compliance with the approved plan. "The land-disturbing activity described in this plan may be subject to the approval of other Local, State or Federal agencies. This could include the Division of Environmental Management under storm water or water quality regulations, the U.S. Army Corps of Engineers under Article 404 jurisdiction, county, city or town agencies under local ordinances, or other approvals that may be required. This approval cannot supersede any other permit or approval." 91'i North r,1-jin Street. Moores dle, North Carol!no 28115 Te!ephone 704 61,3 1699 FAX 704 663-6'141 r. i Eqja' Opp=- 'tu F.? T,_. .? !•c';? E jc.• " rE i' _. urc rJ'7,__ . Page Two North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection of the natural resources and adjoining properties. If following the commencement of this project it is determined that the erosion and sedimentation control plan is inadequate to meet the Page Two requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form which you have provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Your cooperation is appreciated, and we look forward to working with you on this project. Sincerely, Jerry W. Cook, P.E. Regional Engineer cc: Inspections Dept. MODIFICATIONS 1. Additional measures may be required along the sewer line if the proposed measures can not function as intended. 2. The following locations (by station numbers) need additional sediment control devices/measures: sta. 1+00 to 3+00 on Stough Road Extension. ZK/kr l ? 0 CD E5 -0 p ?• f / "'S C O 00 eD i O ITI m M y ?- (? ?: - v C C r l 1 ZVI ?jn •? c y C Q5 CL n \ ^ ? ??' ? ".r O ? u, jar, IrD ?? ""? *1 1 r V) o a ?, ?o I?o•??0?0 ?. CL rL C. '?.= v, C n C IrD ?. n C •?s ? r U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 1 g%nn561 County rabarruc GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner city of Concord Engi nepring and Water DPSnur? s Address P-0- BoX 308 Telephone No. Size and Location of project (water body, road name/number, town, etc.) Beginning at near crossing of SR 1304 and Coddle Cr and running north a1_ona Black Creek to crossing of SR 1310• near Concord in Wolf Meadow community Description of Activity Install approx. 3,973 LF of sewer outfall and 4,461 LF of sewer street collectors portions of the project run parallel to Coddle Cr. and Black Cr.; approx. 0.7 ac of wetlands will be impacted in the Black Cr, area and prolect will involve 5-6 stream crossings; constr. corr width = 40 ft max Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: Regional General Permit Number. 12 Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date 12/5/95 Corps Regulatory Official Steve Chapin S?D AaTelephone No. 704/271-4014 Expiration Date of Verification 1/21/97 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised Jury 1995 GENERAL CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service. 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. 12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). 13. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization. 14. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit. 15. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts. 16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation mitigation plan for the specific regulated activity. 17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 18. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 19. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 21. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. NATIONWIDE PERMIT #12 CONDITIONS INFORMATION a. All utility lines must be completely buried. This nationwide permit does not authorize utility lines that are not completely buried. b. This nationwide permit does not authorize use of fill material for permanent access corridors. NATIONWIDE CONDITIONS a. Material resulting from trench excavation may be temporarily sidecast into waters of the U.S. provided that the material is not placed in such a manner that it is dispersed by currents or other forces and must be removed within three months. b. The area of waters of the U.S. that is disturbed must be limited to the minimum necessary to construct the utility line. C. In wetlands, the top 6" to 12" of the trench should generally be backfilled with topsoil from the trench. d. Excess material must be removed to upland areas immediately upon completion of construction. e. Any exposed slopes and streambanks must be stabilized immediately upon completion of the utility line. REGIONAL CONDITIONS a. Applicants must notify the District Engineer (DE) and receive from the DE written approval prior to starting work. b. The temporary placement of excavated or fill material in waters or wetlands will be for the absolute minimum period of time necessary to accomplish the work. C. Stabilization is required immediately on completion of each individual crossing. d. Work plans must be provided and must be sized to 8 1/2 by 11 INCHES. e. Restoration plans must be submitted to the District Engineer (DE) designating a time table for restoration. GENERAL CERTIFICATION REQUIREMENTS a. Written concurrence is required from the North Carolina Division of Environmental Management (NCDEM). b. The construction corridor is limited to 40 feet in width and must be minimized to the maximum extent practicable. C. Permanently maintained access corridors shall be restricted to the minimum width practicable and may not exceed 10 feet in width except in locations specified on maps for vehicular access purposes or at manhole locations. d. Established sediment and erosion control practices will be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's in all k.. saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). e. Work plans must be legible and sized to 8 1/2 by 11 inches. f. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. g. Additional site-specific conditions may be added to proposed projects in order to ensure compliance with all applicable water quality and effluent standards. h. Concurrence from the North Carolina Division of Environmental Management (NCDEM) applies to an individual project and shall expire three years from the date of the cover letter from NCDEM.