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.
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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
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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
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-' 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.
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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.