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Home My WebLink About19880369 Ver 1_COMPLETE FILE_19880311?STArr J ? a„„ .nd`• State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary December 19, 1988 Director Colonel Paul W. Woodbury District Engineer Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Utility Line Relocation Wilmington Harbor - Northeast Cape Fear River Pfoject Corps of Engineers New Hanover and Brunswick Counties Dear Col. Woodbury: Attached hereto are two (2) copies of Certification No. 2303 issued to Corps of Engineers dated December 19, 1988. If we can be of further assistance, do not hesitate to contact us. Sincerely, Paulilms cc: Wilmington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pavs P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA New Hanover and Brunswick Counties CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Corps of Engineers pursuant to an application filed on the 3rd day of.March, 1988 to relocate utility lines on the Wilmington Harbor - Northeast Cape Fear River Project. The Application provides adequate assurance that the discharge of fill material into the waters of Cape Fear and Northeast Cape Fear Rivers in conjunction with the proposed utility line relocation in New Hanover and Brunswick Counties will not result in a violation of ,applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina' certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a-manner-as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above condition is made a condition of the Federal Permit. This the 19th day of December, 1988. DIVISION OF ENVIRONMENTAL MANAGEMENT R. Paul Wilms, Director WQC# 2303 il- _s 1. State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms Director S. Thomas Rhodes, Secretary December 19, 1988 Colonel Paul W. Woodbury District Engineer Corps of Engineers P.O. BOX 1890 Wilmington, NC 28402 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Utility,Line Relocation Wilmington-..-.Harbor ...-:Northeast Cape Fear River Project Corps of Engineers New Hanover and Brunswick Counties Dear Col. Woodbury: Attached hereto are two (2) copies of Certification No. 2303 issued to Corps of Engineers dated December 19, 1988. If we can be of further assistance, do not hesitate to contact us. Sincerely, R: Paul Wilms f cc: Wilmington Regional Office Mr. William Mills Mr. David Owens Pollution Prevention PaYs P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Fn A nnnnrntnity Affirmative Action Emolover NORTH CAROLINA New Hanover and Brunswick Counties CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Corps of Engineers pursuant to an application filed on the 3rd day of March, 1988 to relocate utility lines on the Wilmington Harbor - Northeast Cape Fear River Project. The Application provides adequate assurance that the discharge of fill material into the waters of Cape Fear and Northeast Cape Fear Rivers in conjunction with the proposed utility line relocation in New Hanover and Brunswick Counties will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification; 1. That `the °activity be conducted°in such "a 'manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above condition is made a condition of the Federal Permit. This the 19th day of December, 1988. DIVISION OF ENVIRONMENTAL MANAGEMENT R. Paul Wilms, Director WQC# 2303 APARTMENT OF THE ARMY \NI NGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO February 29, 1988 Planning Division Mr. R. Paul Wilms, Director Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Wilms: RE'' 111ht - 19$P OW. of Environalel•3rat togL Ralph, C. Enclosed is`an application for water quality certification pursuant to Section 401 of P.L. 95-217 for utility line relocations associated with the Wilmington Harbor-Northeast Cape Fear River project, New Hanover and Brunswick Counties, North Carolina. As a result of the Water Resources Development Act of 1986, the State of North Carolina is responsible to assure that utility lines are relocated by the permit holder. If the permit holder does not relocate the utility line, then the State will be required to relocate it. Effluent from the upland diked dredged material disposal areas is covered under General Water Quality Certificate No. 1273, issued on November 10, 1978, and Nationwide Permit 33 CFR 330.5 (a)(16). A draft Supplement to the Final Environmental Impact Statement for the project is being furnished separately via the State Clearinghouse. Should you have any questions concerning the enclosed application, please contact Mr. William Adams, Environmental Resources Branch, at (919) 343-4581. Sincerely, Paul W. Woodbury Colonel, Corps of Engineers District Engineer Enclosure Copy Furnished (with enclosure): Mr. John N. Morris, Director Division of Water Resources North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 AU'rf 0 C ig'C J ? ? f : C KIATEP :z l.? APPLICATION FOR WATER QUALITY CERTIFICATION STATE OF NORTH CAROLINA DATE: February 29, 1988 NAME: U.S. Army Corps of Engineers Wilmington District Post Office Box 1890 Wilmington, North Carolina 28402-1890 RESPONSIBLE _INDIVIDUAL: All utility line relocations will be accomplished by the permit holder or the State of North Carolina, the non-Federal sponsor of the project. PROJECT NAME: Wilmington Harbor-Northeast Cape Fear River, New Hanover and Brunswick Counties, North-Carolina NATURE OF ACTIVITY: Relocation,of utility lines necessitated by naviga oa wv is ;; . Idf. ingtvu Jffarb?t DISCHARC -OF: U 33ty ;lines similar to, those predently, oecurriiag w?11 Tmperr=7 sah8le or VtT'e ava'te? ' material from trenches or footings or (2) fill material stockpiled for baekf ill or bedding may be necessary. Permanent discharge of excavated or fill material as backfill or bedding will occur. PROPOSED ACTIVITY TO BEGIN: Fiscal Year 1990 LOCATION OF DISCHARGE: Municipality: City of Wilmington County: New Hanover and Brunswick Drainage Basin: Cape Fear River Receiving Waters: From the-Fourth East Jetty Channel on the Cape Fear River upstream to a point 750 feet above the Hilton Railroad Bridge on the Northeast Cape Fear River (see attached map) Point of Discharge: Same as receiving waters NATURE OF RECEIVING WATERS: Type: Tidal estuarine Nature: Brackish to fresh Direction of Flow: Variable DESCRIPTION _OF _TREATMENT FACILITIES. IF ANY. PRIOR TO DISCHARGE INTO RECEIVING WATERS -None 1, . r 1% TYPE OF DISCHARGE INCLUDING CHEMICAL COMPOSITION. QUANTITY, FREQUENCY-9 TEMPERATURE AND_KINDS._ANjI-QUANTITIES OF POLLUTANTS OR CONTAMINANTS: The following list represents known utility lines which may have to be relocated as a part of the project. Other, as yet unknown, utility lines may be disclosed as coordination of the project continues. This application applies to any utility line relocation necessary for construction of the Wilmington Harbor-Northeast Cape Fear River project. Fourth East Jetty Channel * Exxon gas line to DuPont Castle Street Bridge to N.C. 1aLRridke * 2-inch waterline, Castle Street to Corps of Engineers' boatyard * Electric lines between Castle Street and west bank * 2-inch waterline, Water Street to U.S.S. North 'Carolina * 3-inch wastewater force main, Water Street to U.S.S. North Carolina * 8-inch water main, Water Street to U.S.S. North Carolina Tele0o= .344a., _Pr 'Strop t?e ' . ? ? 61 ' 1!?D`? a telephone, a ectric ) Market Street too west bafik * 2 inek ,W ter n , '??, ?M.tAO%4 9 d ., 5_=Foot-Channel Extension (from N.C. 133 Bridge to 750 feet upstream of the Hilton Railroad Bridge) * 2-inch waterline, water plant to Dixie Cement * 24-inch raw waterline, water plant to vicinity of Dixie Cement * 2-inch waterline, water plant to East Coast Terminal * 24-inch raw waterline, water plant to vicinity of East Coast Terminal * 1-inch waterline, origin and destination unknown * 2 telephone cables, south side of Hilton Railroad Bridge * Carolina Power & Light cable, upstream of Hilton Railroad Bridge Subaqueous utility lines must be relocated, as navigation improvements will be altering the dimensions of the existing river bottom. Affected lines will be removed prior to dredging and replaced within existing corridors once dredging has been completed. Temporary placement of excavated material from trenches or footings ana temporary stockpiling of`excavated or fill material for backfill or bedding may occur. Discharge of excavated or fill material as backfill or bedding for subaqueous utility lines will occur. PROJECTED FUTURE VARIATIONS IN THE NATURE OF THE DISCHARGE: None TYPE._gIAL4gIgR.2._gR_9ROSS SECTION AND LENGTH OF CONVEYANCE OF DISCHARGE: Unknown NAMES AND ADDRESSES OF ADJOINING RIPARIAN OWNERS: Unknown 2 . r w e We certify that all information contained herein is true and correct to the best of our knowledge. Lawrence W. Saunder Chief, Planning Division Paul W. Woodbury Colonel, Corps of Engineers District Engineer Attachment SKr, _..,,, ., ,.ter 4Mi!!w%+s m?yr..,vry ?-?,?;. . ?,...-?- •- ? ,oa><?r?+rr waver sa+?s , ,zx*.... _.., re?xx -?`a Nom; .;•i. s;.srso<r ?4c'?.. 3 r - ? .: RECEIVED VAR 0 4 1988 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers WAIR QUALITY SECTION. Post Office Box 1890 Gi-ERA'f ONO BRAKH Wilmington, North Carolina 28402-1890 CESAW-PD-E-88-65-10-0004 March 3, 1988 PUBLIC NOTICE WILMINGTON HARBOR-NORTHEAST CAPE FEAR RIVER (PROJECT EXTENSION AND RELOCATION OF UTILITY LINES) NEW HANOVER AND BRUNSWICK COUNTIES, NORTH CAROLINA TO WHOM IT MAY CONCERN: The Wilmington District, Corps of Engineers, Wilmington, North Carolina, proposes to construct, operate, and maintain improvements to Wilmington Harbor, Northeast Cape Fear River, New Hanover and Brunswick Counties, North Carolina. The proposed- harbor improvements and operation and maintenance are discussed in Public Notice SAWC080-N-010-000030, dated February 22, 1979, with the exception of the proposed 35-foot channel extension and relocation of utility, lines. This. public notice has been prepared for the proposed 35-foot channel extension and relocation of utility lines. This project has been reviewed under the following laws: a. Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). b. Clean Water Act of 1977 (P.L. 95-217). e. The National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347). d. The Fish and Wildlife Act of 1956 (16 U.S.C. 472a et seq.), the Migratory Marine Game-Fish Act (16 U.S.C. 760c-760g), and the Fish and Wildlife Coordination Act of 1972 (16 U.S.C. 661-666c). e. The National Historic Preservation Act of 1966 (80 Stat. 915, 16 U.S.C. 470). f. Sections 307(c)(1) and (2) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(1) and (2), 86 Stat. 1280). g. The Endangered Species Act of 1973, as amended. h. Flood Plain Management, EO 11988 (dated May 24, 1977). i. Protection of Wetlands, EO 11990 (dated May 24, 1977). 1 PROJECT DESCRIPTION The proposed work, which is scheduled to be performed between October 1 and March 31, beginning in Fiscal Year 1990, will require initial dredging and disposal of approximately 1,204,000 cubic yards of material to achieve the new project dimensions. Maintenance dredging and disposal of approximately 60,000 cubic yards of additional material beyond that required by the existing project will occur on the average of once every 2 to 6 years. Dredged material from construction of harbor improvements and subsequent maintenance events will be placed in existing disposal areas on Eagle Island and Point Peter. These disposal areas are routinely used for the maintenance of the existing harbor. Approximately 6 months will be required for completion. The proposed work will include all work described in Public Notice SAWC080-11-010-000030 dated February 22, 1979, and the following: a. 35-Foot Channel Extension. The 35-foot project will be extended from the N.C. 133 Bridge to a point 750 feet upstream of the Hilton Railroad Bridge, a total distance of 3,350 feet. The existing channel is 32 feet deep and 400 feet wide and the improved channel will follow the existing channel alignment. Approximately 87,000 cubic yards of material will have to be removed to achieve the desired project depth. Two-foot overdepth dredging is anticipated. If rock is encountered, the project overdepth will be increased to 3 feet. This will increase the total amount of dredging required to 117,000 cubic yards. b. Relocation of Utility Lines. Many utility lines cross the Cape Fear and Northeast Cape Fear Rivers within the limits of the proposed harbor improvements. The following list represents known utility lines which may be affected by the project. Other, as yet unknown, utility lines may be disclosed as coordination of the project continues. This public notice applies to any utility line relocation necessary for construction of the Wilmington Harbor-Northeast Cape Fear River Project. The permit holder or the non-Federal sponsor will be required to submit plans to the Wilmington District-Regulatory Branch and obtain Department of the Army permit authorization prior to relocating any utility lines. Fourth East Jetty Channel * Exxon gas line to DuPont Castle Street Bridge to N.C. 133 Bridge * 2-inch water line, Castle Street to Corps of Engineers' boatyard * Electric lines between Castle Street and west bank * 2-inch water line, Water Street to U.S.S. North Carolina * 3-inch wastewater force main, Water Street to U.S.S. North Carolina * 8-inch water main, Water Street to U.S.S. North Carolina * Telephone line, Princess Street to west bank * Cable crossing (cable TV, telephone, electric), Market Street to west bank * 2-inch water line, Cowan Street to Wilmington Shipyard 2 35-Foot Channel Extension 2-inch water line, water plant to Dixie Cement # 24-inch raw water line, water plant to vicinity of Dixie Cement 2-inch water line, water plant to East Coast Terminal 24-inch raw water line, water plant to vicinity of East Coast Terminal * 1-inch water line, origin and destination unknown 2 telephone cables, south side of Hilton Railroad Bridge Carolina Power & Light cable, upstream of Hilton Railroad Bridge Subaqueous utility lines must be relocated, as navigation improvements will be altering the dimensions of the existing river bottom. Affected lines will be removed prior to dredging and replaced within existing. corridors once dredging has been completed. Temporary placement of excavated material from trenches or footings and temporary stockpiling of excavated or fill material for backfill or bedding may occur. Discharge of excavated or fill material as backfill or bedding for subaqueous utility lines will occur. The proposed work is shown on the previously covered by Public Notice 1979, are shown as items A through shown as item D. Relocation of within the project boundaries. attached drawing. Project components SAWC080-N-010-000030, dated February 22, C and the 35-foot-channel extension is ; utility lines will occur where necessary There is attached a list of State, Federal, and local agencies with whom this activity is being coordinated. The proposed action is consistent with the approved Coastal Management Program of the State of North Carolina. A consistency determination for the channel extension and utility line relocations has been sent to the N.C. Division of Coastal Management for concurrence /nonconcurrenee. The work described in the February 22, 1979, public notice was determined to be consistent with the N.C. Coastal Management Program (reference N.C. Department of Natural Resources and Community Development letter dated May 30, 1980). The proposed discharge of liquid effluent from diked disposal areas resulting from the proposed hydraulic dredging, although subject to review under Section 404(b) of the Clean Water Act of 1977, has been determined to satisfy the terms and conditions of Nationwide Permit 33 CFR 330.5(a)(16) and the N.C. Division of Environmental Management General Water Quality Certification No. 1273, issued on November 10, 1978. A Section 401 (P.L. 95-217) Water Quality Certificate for the relocation of utility lines has been requested from the N.C. Division of Environmental Management. The proposed work is covered in the Final Environmental Impact Statement (FEIS) filed with the Council on Environmental Quality on February 5, 1980, and in the Supplement to the FEIS currently being reviewed. Designation of the proposed discharge sites for dredged and fill material associated with the Federal project shall be made through the application of guidelines promulgated by the Administrator, Environmental Protection Agency, in conjunction with the Secretary of the Army. If these guidelines alone prohibit the designation of these proposed disposal sites, any potential impairment to the maintenance of navigation, including any economic impact on navigation and anchorage which would result from the failure to use the disposal sites, also will be considered. This public notice is being distributed to all known interested persons in order to assist in developing facts on which a decision may be made by the Corps of Engineers with respect to the disposal of dredged material in navigable or ocean waters. For accuracy and completeness of record, all data in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detail to support convictions. Any person who has an interest which may be affected by the discharge of this fill material may request a public hearing. The request must be submitted in writing to the District Engineer within 30 days of the date of this notice and must clearly set forth the interest which may be affected and the manner in which the interest may be affected by this activity. In order for such request to be given appropriate consideration, it should be mailed or delivered to the U.S. Army Engineer District, Wilmington, Post Office Box 1890, Wilmington, North Carolina 28402-1890, in time to be received on or before April 1, 1988. All correspondence should refer to the number and date of this notice. John F. Miniclier, Jr. Lieutenant Colonel, Corps of Engineers Deputy District Engineer Attachments GEORGE T. BURCH EXECUTIVE ASSIS1'r,,A4T 4 r ? i? ._. J L-.4 it r-;,? bbb I . f ,. L ? \ I I 's '1 1 •Jt? I !7 P• -6 ct!? i ? _ ? 719 / • F i! ? t ? •sii : ,\? 1 1 _ :i t t ?>t ,mom I I i I I I! I. 1 .[ 11 _ •,; tT / ? .t•w i' I. / / 1 e! 1 0 00 l ij l f I / 1 g \ L? • I I I I ` I '} F , a • I I ? •4 M ` p 04 1 f , 1 R " mod 4l I I I I' _ ,( I O O I / I o I I I ?c 1 ?-i i 1 I I•. 0 I o? o c Q i I I s oa o I ,: ? I ?M,,w•. ?_ I i I J • • ?` I I 000 0 . 00 j I I 00 1 O 000 I I O I Ova 1 H? t i 1 / p / x F a s 1 I 1 f / z 14 ?a 1 • 1 ? ? 1 1 HNF P 1 / 1 1 1 1 \ i 1 `? 1 ` Y ' DO 1 . a O i i ¦ ; 5 w xt ?? L G Y Z U t :s 3 It co w .!, w b w' a i U IL. V J i w LIST OF FEDERAL, STATE, AND LOCAL AGENCIES Chairman Board of County Commissioners Postmasters Mayors Marine Science Council Water Resources Research Institute US Fish and Wildlife Service Assistant US Attorney US Geological Survey National Marine Fisheries Service US Coast Guard Regional Director of the US Fish and Wildlife Service Regional Director of the National Park Service Regional Shellfish Consultant Office of Chief of Engineers South Atlantic Division All United States Senators and Representatives for State of North Carolina US Department of Health, Education and Welfare Regional Director, Environmental Protection Agency Heritage Conservation and Recreation Service NC State Clearinghouse and Information Center DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM? 4 E 4 V E DATE : TO: Bill Mills Operations Branch '1A, t . FROM: James H. Gregson-T4+& Wilmington Regional Office THROUGH: A. Preston Howard, Jr. Wilmington Regional Office SUBJECT: Regional Office Review & Recommendations Applicatio for Permit for Excavation and/or Fill A0. A . -8a64e tkofcet zvv- s4w CO to -N -0i0 - X003 0 /Uvw M4,teeR Co. Project Description: 7c ac4x.l ,b?Pej `!7?Onar?-e o`? W? 02 z4x" Adjacent Water Body: u j ,# , wwdim - ltac Z.lw;e 4t&4 ?4? Rm;, k Classification: Status: 6/05,"(). The project has been reviewed to determine impacts to water quality. The appropriate comments below have been checked: (X) The project (jjit ill not require a 401 Water -Quality Certification. (x) The project complies with the ?Ges General 40 Water alit y Certification # /V73 for 44 j ."":' Xt Gtn?- d?? SAO Q?.?a ( ?) The proposed project should be domain such a way as to not cause the turbidity outside the immediate construction area to exceed a$` NTU. This office has no objection to the project as proposed. JHG:kc cc: DCM CF, WiRO