HomeMy WebLinkAbout19950437 Ver 1_COMPLETE FILE_19950103State 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., P. E., Director
AT." IF
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ED FE F1
May 1, 1995
Lincoln County
DEM Project # 95437
APPROVAL of 401 Water Quality Certification
Mr. Richard L. French
County of Lincoln
Citizens Center
115 West Main Street
Lincolnton, N.C. 28092
FILE
Dear Mr. French:
You have our approval to place fill material in wetlands or waters for the purpose of constructing
sewer lines near SR 1439, SR 1390 and SR 1441, as you described in your application dated 24 April
1995. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 2664. 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 30 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.
Sincerely,
stop ard, Jr ,7.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Mr. Izzy Husain; J. N. Pease Associates 95437.1tr
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
P E A S E
A r c It i t e c t u r e E n g i n e e r i n g P l a n n i n g I n t e r i o r s
April 24,1995
of iSSUED
Mr. John Dorney
North Carolina Department of Environment,
and Natural Resources
Division of Environmental Management
Water Quality Planning
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Reference: East Lincoln County Water and Sewer District
Contract No. 2
Lincoln County, North Carolina
J.N. Pease Associates' Commission No. 93057-00
Subject: Nationwide Permit No. 12
Dear Mr. Dorney:
The following documents are enclosed for your processing:
1. Seven copies of the completed and signed permit application
2. Seven copies of the Wetlands Section of the Environmental Assessment
Report by Robert J. Goldstein & Associates, Inc.
3. A copy of the letter of approval for the Erosion and Sedimentation Control
Plan
4. Seven copies of a vicinity map
Please do not hesitate to contact me should you, upon review, require any
additional information.
Sincerely,
Izzy S. usain, EIT o n
ISH/lh
5 .r O
cc: Mr. Richard French con
Mr. Sam Henry
N
J.N. Pease Associates PO. Box 18725 2925 East Independence Blvd. Charlotte, NC 28218 704 376-6423
U
401 ISSUED
DEM ID: ACTION ID:
NATIONWIDE PERMIT REQUESTED (PR 'bEmNATIONWIDE PERMIT #): 12
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR 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 ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
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: County of Lincoln
2. OWNERS ADDRESS:
Citizens Center
115 West Main S
nc
3. OWNERS PHONE NUMBER (HOME): N/A (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Richard L. French
Citizens__Center
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Lincoln
NEAREST TOWN OR CITY: Lincolnton
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Low preSSilra; force
main and gravity sanitary sewer lines will serve Unity Chijrrh Road -(SR 1439),
Pine Lake Road (SR 1390)_ Graham Road (SR 1441) and surrnundinn Araac
6. NAME OF CLOSEST STREAM/RIVER: Forney Creek
7. RIVER BASIN: Catawba River Basin
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 [ J NO [X ]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 0 Acres
6/10/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
N/A
FILLED:
DRAINED:
FLOODED:
EXCAVATED: _
TOTAL IMPACTED:
There will be:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): 12,254 LF of 2", 34,204 LF of 2.5",
17,423 LF of 3" and 1,833 LF of 4" low pressure lines; 13.335 LF of 4" and 2,449 LF
of 5" force main. 8.810 LF of 8" gravity sanitary sewer lines.
13. PURPOSE OF PROPOSED WORK: To provide a sanitary transportation system to incur
growing demands of present and future residential[commerical/i_ndustrial development
encompassing the East Lincoln County Water and Sewer District.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN-TO MINIMIZE WETLAND
IMPACTS. N/A
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 [X] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. N/A
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? residential, commercial, industrial,
and undeveloped.
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Treatment and discharge to effluent on Forney Creek.
'OWNER'S SIGNATURE DATE
e- r . ,
State of North Carolina
Department of Environment,
Health and Natural ResourCE
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Linda Diane Long, Regional Manager
Cq 7) C-
ARR 2 7 ,r
ED H N FR
401 ISSUED
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
April 6, 1995
Mr. Richard L. French, County Manager y1?
Lincoln County Citizens Center
115 West Main Street 1 pPR 1J95
Lincolnton, North Carolina 28092 ?-
RE: LETTER OF APPROVAL
Project Name: East Lincoln County Water &?'Sewer
District
Location: Unity Church Road - Lincoln County
Submitted By: J. N. Pease Associates
Date Received: March 29, 1995
New Submittal: Revision X
Dear Mr. French:
This office has reviewed the subject erosion and
sedimentation control plan. We find the plan to be acceptable
and hereby issue this letter of approval.
Please 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 should consider 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.
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
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.
919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Page Two
"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 other local
ordinances, or other approvals that may be required.
This approval cannot supersede any other permit or'
approval."
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,
AIA
Jerry W. Cook
Regional Engineer
cc: J. N. Pease Associates
Inspections Dept.
SEA/kr
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ENVIRONMENTAL ASSESSMENT
EAST LINCOLN COUNTY SEWER DISTRICT,
SOUTHEASTERN CATAWBA COUNTY SEWER SYSTEM,
AND FORNEY CREEK WASTEWATER TREATMENT PLANT
LINCOLN AND CATAWBA COUNTIES, NORTH CAROLINA
N.C. State Clearinghouse No. 93E 43000275
RJG&A Project No. 92058
Report To:
MR. BOBBY BLOWE
N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
CONSTRUCTION GRANTS SECTION -- P.O. BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
and
J.N. PEASE ASSOCIATES, INC.
P.O. BOX 18725
2925 EAST INDEPENDENCE BLVD.
CHARLOTTE, NORTH CAROLINA 28218
11 May 1994
r
Robert J. Goldstein & Associates, Inc.
ENVIRONMENTAL CONSULTANTS
8480 Garvey Drive
Raleigh, North Carolina 27604
Tel: (919) 872-1174 FAX: 872-9214
The project will also promote denser development of the area, which may introduce
new sources of potential contaminants to groundwater, including petroleum hydrocarbons,
solvents, household and lawn chemicals, and other contaminants typical of urban stormwater.
As municipal water service is extended to new areas, reliance on wells will decrease.
4.9. Jurisdictional Waters and Wetlands.
Excess nutrients from failing septic systems in the project area may be adversely
affecting adjacent wetlands, but no such investigations have been performed. If degradation
is occurring, the no-action alternative will allow it to continue or worsen. However, the no-
action alternative will not require disturbance of any additional wetland areas, and will not
l induce additional urban development that may degrade waters or wetlands.
Most of the jurisdictional waters in the project construction areas are bank-to-bank
r non-wetland stream channels (Figures 4a-k and Table 6). Jurisdictional wetlands in the
sewerline construction corridors include palustrine emergent wetlands and palustrine forested
wetlands, and total 4.21 acres. The chosen sewerline route was based, in part, on minimizing
wetland impacts. No wetlands will be affected at the pump station and WWTP construction
sites.
Some construction and maintenance impacts to wetlands are unavoidable, including
vegetation removal, soil compaction from heavy equipment, and filling. The permanent right-
of-way will be kept clear of trees and large shrubs, but herbaceous vegetation and small
shrubs may recolonize the area. Adverse impacts will be minimized by following the WRC,
DEM, and COE guidelines summarized in Section 4.7.2. to the extent practicable.
Construction of sewerlines in wetlands will be limited to a 40 foot corridor in wetlands, as
required by COE Nationwide Permit #12 and the corresponding DEM General 401
Certification.
Secondary impacts to wetlands will accrue from induced development in adjacent non-
wetlands. Increased areas of impervious surface will reduce the water holding capacity of
soils surrounding wetlands, causing more sever -scouring after storms, and longer and more
frequent drying during droughts. Sediment and pollutants associated with urban stormwater
may also degrade wetland quality. Many animals that occupy wetlands also require access
to adjacent forested uplands. Populations of such species will be lost where development or
timber harvesting encroaches on the wetland without leaving an upland buffer.
I
J
4.10. Fish and Aquatic Habitats.
J Impacts on fish and aquatic habitats during construction include removal of the forest
canopy, destabilization of stream banks, and disruption of the substratum at stream crossings.
?- Strategies for minimizing and mitigating these impacts are discussed in Section 4.7.2. No
J streams will be channelized or relocated during construction. The selected project route was
based, in part, on minimizing impacts to high quality areas according to the consultant's
-L recommendations.
J
33
L..I
s
Impacts of the proposed Forney Creek WWTP should be minimal provided that the
plant is operated properly and is able to meet its assigned NPDES effluent limits, including a
chlorine limit. Inadequate treatment due to inflow and infiltration during storms should not
occur because the entire wastewater collection system will be newly constructed and free of
illicit storm drain connections.
No impacts on the Lake Norman recreational fishery are anticipated, except perhaps
for increased fishing pressure due to induced development.
4.11. Terrestrial Plant and Animal Habitats.
Most of the project area consists of residential and disturbed areas that have little
ecological value. Construction and maintenance of a corridor in these areas will have no
appreciable impacts on terrestrial communities.
Forested habitats that will be cleared for construction include 9.95 acres of mesic
mixed hardwood forest and 5.18 acres of mesic-dry oak/hickory forest. The 4.21 acres of
jurisdictional wetland that will be affected are approximately one-half forested (alluvial forest).
Most of the forests affected are along Forney Creek, Reed Creek, Blackwelder Drive, and
several sites along Lake Norman.
New sewerline rights-of-way through forests will create edge habitat and may enhance
habitat value for certain species. The proposed right-of-way is not wide enough to cause
functional habitat fragmentation for most birds and mammals, but may be a significant barrier
to movement of small terrestrial animals such as amphibians. The cleared corridor may also
increase accessibility of the forest to nuisance weeds and animals, such as Japanese
honeysuckle (Lonicera japonica), brown-headed cowbird (Molothrus ater), and domestic
animals.
Secondary and cumulative impacts on terrestrial habitats from induced development
may be appreciable, but the rate and magnitude of habitat loss cannot reasonably be
predicted. As farming decreases in importance in the region, some areas of abandoned
agricultural land may be left to recolonize as upland forests. Alluvial forests will be less
vulnerable to loss from induced development than uplands, but they may become isolated
from adjacent habitat types and thus lose a significant component of their ecological integrity,
as discussed in Section 4.9.
34
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