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HomeMy WebLinkAbout54002D - BurgawCAMA / WADREDGE & FILL 3hENERAL PERMIT Previous permit # iNew Modification Complete Reissue Partial Reissue Date previous permit issued -ized by the State of North Carolina, Department of Environment and Natural Resources _. :oastal Resources Commission in an area of environmental concern pursuant to I5A NCAC /� I if []Rules attached. t Name tfjNt4 C t Mtl 0 ?)J�j'5t Project Location: County {�_�_ - Street Address/ State Road/ Lot #(s) )� I.YCOk� State ZIP 1 iv' i_ I t� " u ):Fax # Subdivision ed Agent _ V-1(\A I [,LJ 14\( 1kfe- City ��l '�/l, O-C-C ZIP ❑ CW ❑ EW VPTA ❑ ES I PTS r Phone # ( re ) River Basin N ❑ OEA ❑ HHF ❑ IH ❑ UBA N/A Adj. Wtr. Body IUOC VL S4 CXA- l< E`iat /n ❑ PWS: ❑ FC: �T ��- yes / PNA yes / Crit.Hab. yes / no Closest Maj. Wtr. Body Project/ Activity O 1 dl-t l -;i j (, I)CZ-11- L i . i (Scale: ( h j =k) length (s) er(s) igth - nber 1/ Riprap length _ distance offshore _ x distance offshore cannel >ic yards_ ip se/ Boatlift P I- 911 3 Length not sure s: not sure n/a kttached: yes yes yes yes v■■■ . ■■w■■■■■■■■■■■®■■� ■■01z rn no ■■■■■■■■i.�. �L It Ire KMNw1�iMaz0r IT wr sac .-..., iriYi■�il��i■■■■■■� ig permit may be required by: �{� ❑ See note on back regarding River Basin ru r, r.A i . rdA" _eran-& TOWN OF BURGAW Invoice Number M&C04576-0001-4 C7 v n r tit o U tyy'1-`"��I z �y Vendor: 696 08/13/2008- NC DEPT OF ENVIRONMENT AND N Invoice Date PO Number Account Number Description 07/28/2008 70-91-8500-790 CAMA • . First Citizens Bank 66-30/531 �pFatj TOWN OF BURGAW BURGAW, NC 28425 009 o c� GENERALFUND e 79 109 NORTH WALKER STREET BURGAW, NC 28425-5234 2�97 HCMA PH. (910) 259-2151 PAY $ 400 DOLLARS AND 00 CENTS TO THE NC DEPT OF ENVIRONMENT AND NATURAL RESOU ORDER 1628 MAIL SERVICE CENTER OF RALEIGH, NC 27699-1628 08/13/2008 Provision for the payment ma by an appropriatioi to Local Government Bud(, ts, Heather Robertson, Seth Wednesday, May 27, 2009 4:09 PM Coats, Heather Emily McArthur; Coffey, Steve Bct: RE: Town of Burgaw Waterwater System :hments: W00033521 090527.doc ier, e find attached a copy of the Town of Burgaw WQ0033521 Permit. Though the attached is not signed, the pern een signed effective today. Let me know if you need any additional information. ks, is Coats, Heather : Wednesday, May 27, 2009 2:45 PM tobertson, Seth ect: Town of Burgaw Waterwater System Mr. Robertson, you a voicemail, but thought I would try email in case this is a better means of contacting you, as indicated in y( age. e met with McKim and Creed regarding a directional drill under Rockfish Creek, along Hwy 117 on the er/Duplin Co line. This is part of the Town of Burgaw project running between the Towns of Burgaw and Wallac CAMA General Permit requires a statement of prior approval from DWQ for sanitary sewer line requests. Kary lour indicated this approval is in place, but is awaiting signatures and said you indicated you could give me the c could proceed with our GP. Of course this is a stimulus project, so as I'm sure you already know, they are )usly awaiting their permits. nformation you can provide would be much appreciated. If you need any additional information, please let a kr be reached by phone at the number below, or by email. k you very much for your time. regards, her Coats se note my email address has changed to heather. coats(c)ncdenr.gov NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Kenneth T. Cowan Town of Burgaw P.O. Box 1489 109 N. Walker St. Burgaw, North Carolina 28425 Dear Mr. Cowan: Division of Water Quality Coleen H. Sullins Director May 27, 2009 SUBJECT: Permit No. WQ0033521 Town of Burgaw Town of Burgaw Wastewater System Improvements Pender County Dee Freeman Secretary In accordance with your permit application received October 16, 2008, and additional information received by the Division of Water Quality (Division), we are forwarding herewith Permit No. WQ0033521 dated May 27, 2009, to the Town of Burgaw for the construction and operation of the subject wastewater collection system. This Permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the approved plans and specifications. Mail the NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Town of Burgaw Pender County FOR THE construction and operation of: a sewer extension consisting of lift station No. 1 with two (2) 2900 GPM pumps, audible and visual alarms, 450 KW backup generator, telemetry, and approximately 6,300 linear feet of 20-inch force main; lift station No. 2 with three (3) 2300 GPM pumps, audible and visual alarms, 175 KW backup generator, telemetry, and approximately 5,500 linear feet of 24-inch pressure sewer; and the discharge of 0 GPD of collected wastewater into the Town of Wallace WWTF (NC0003450) sewerage system pursuant to the application received on October 16, 2008, and subsequent additional information received by the Division of Water Quality (Division), and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an Town of Burgaw May 27, 2009 Permit No. WQ0033521 Page 2 (a) The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. (b) A map of the sewer system shall be developed and actively maintained. (c) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response shall be developed and implemented. (d) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) shall be inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. (e) High -priority sewers shall be inspected by the permittee or its representative at least once every six -months and inspections are documented. (f) A general observation by the permittee or its representative of the entire sewer system shall be conducted at least once per year. (g) Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required by G.S. 143-215.1C. (h) A Grease Control Program shall be established as follows: (i) For publicly owned collection systems, the Grease Control Program shall include at least bi-annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. (ii) For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. (iii) Grease education materials shall be distributed more often than required in Parts (i) and (ii) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows. (i) Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. (j) Documentation shall be kept for Subparagraphs (a) through (i) for a minimum of _ __ _r ..t Pr +ha Ufa of tha Town of Burgaw May 27, 2009 Permit No. WQ0033521 Page 3 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. Mail the Certification to the Construction Grants & Loans Section, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633. (Engineer's Certification Form is attached.) 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 10. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) having jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. The Permittee shall provide for the pump station and force main the following items: (a) Pump Station Reliability: (i) Pump stations, except when exempted by Subparagraph 0)(2) of 15A NCAC Town of Burgaw May 27, 2009 Permit No. WQ0033521 Page 4 (iii) As an alternative to Part (ii) for pump stations with an average daily design flow less than 15,000 gallons per day as calculated using 15A NCAC 02T.0114, a portable power source or pumping capability may be utilized. It shall be demonstrated to the Division that the portable source is owned or contracted by the permittee and is compatible with the station. If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. (iv) As an alternative to Part (ii) for pump or vacuum stations connecting a single building to an alternative sewer system, wet well storage requirements shall be documented to provide 24-hours worth of wastewater storage or, exceed the greatest power outage over the last three years or the documented response time to replace a failed pump, whichever is greater. Documentation shall be required pursuant to the permit application. (v) All pump stations designed for two pumps or more shall have a telemetry system to provide remote notification of a problem condition to include power failure and high water alarm. (vi) High water audio and visual alarm. (b) Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour emergency number and instructions to call in case of emergency. Simplex pump or vacuum stations serving a single-family residence shall have a placard or sticker placed inside the control panel with a 24-hour emergency contact number. (c) Screened vents for all wet wells. (d) The public shall be restricted access to the site and equipment. (e) Air relief valves shall be provided at all high points along force mains where the vertical distance exceeds ten feet. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those that may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. The facilities shall be constructed in accordance with the requirements of the North Carolina Sedimentation Pollution Control Act. 14. If applicable, the Operational Agreement between the Permittee and the Environmental Town of Burgaw May 27, 2009 Permit No. WQ0033521 Page 5 15. Any abandoning of the existing facilities must be done in accordance with the requirements of the Division's Wilmington Regional Office. 16. Noncompliance Notification: The Permittee shall verbally report to a water quality staff member at the Wilmington Regional Office, telephone number (910) 796-7215, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: (a) Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater transport such as mechanical or electrical failures of pumps, line blockage or breakage, etc. (b) Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858- 0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition I(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 17. No flow shall be made tributary from the subject sewer system permitted herein until the receiving Town of Wallace WWTP (NC0003450) has been constructed and the engineer's certification has been received by the Division. 18. No flow shall be made tributary from the subject sewer system permitted herein until the receiving the force main sewer system (WQ0032139) has been constructed and the engineer's certification has been received by the Division. Permit issued this the 27`h Day of May 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Town of Burgaw May 27, 2009 Permit No. WQ0033521 ENGINEER'S CERTIFICATION I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the pressure sewer collection system serving the Town of Burgaw, located in Pender County, hereby state that to the best of my abilities, due care and diligence was used in the observation of the following construction: construction and operation of. a sewer extension consisting of lift station No. 1 with two (2) 2900 GPM pumps, audible and visual alarms, 450 KW backup generator, telemetry, and approximately 6,300 linear feet of 20-inch force main; lift station No. 2 with three (3) 2300 GPM pumps, audible and visual alarms, 175 KW backup generator, telemetry, and approximately 5,500 linear feet of 24-inch pressure sewer; and the discharge of 0 GPD of collected wastewater into the Town of Wallace WWTF (NC0003450) sewerage system pursuant to the application received on October 16, 2008, and subsequent additional information received by the Division of Water Quality (Division), and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration No. Mail this Certification to: DENR/DWQ Construction Grants & Loans Section 1633 Mail Service Center Raleigh, North Carolina 27699-1633. Note: If the wastewater collection permit was issued to a private entity under an North Carolina 3everly Eaves Perdue governor Town of Burgaw Attn: Mr. Martin Beach 109 N. Walker Street Burgaw, NC 28425 NCDENR Department of Environment and Division of Water Quality Coleen H. Sullins Director May 18, 2009 Natural Resources Dee Freema Secretai Pender County DWQ Project #: 09 0543 Subject Property: Town of Burgaw Wastewater System improvements; Highway 117 NO WRITTEN CONCURRENCE NEEDED Dear Mr. Beach: You have our approval, in accordance with the attached conditions, to install a 20" PVCX C- 905 DR-18 force main sewer line in the DOT right-of-way along NC Highway 117 between Burgaw and Wallace temporarily impacting 1.129 acres of wetlands and permanently impacting 0.14 acres of wetlands within the 10' wide maintained corridor as you described in your application dated May 7, 2009. After reviewing your application, we have decided this fill is below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3699 are met, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. 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. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) oxceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed on the following page. Page Two Town of Burgaw Attn: Mr. Martin Beach DWQ # 09 0543 May 18, 2009 Conditions of Certification: 1. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the enclosed conditions (GC 3699) are followed. 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality, under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan at 919.733.1786 or myself in the Wilmington Regional Office at 910.796.7215. Enclosures GC 3699 Certificate of Completion Sincerely, Joanne Steenhuis Senior Environmental Specialist cc: Kim Williams — Land Management Group Ronnie Smith - USACE Wilmington Field Office v MCKIM&CREED v May 20, 2009 WC U 9140 () zo0.t A Ms. Heather Coats NCDENR — Division of Coastal Management 127 Cardinal Drive Ext Wilmington, NC 28405-3845 RE: Town of Burgaw Wastewater System Improvements CAMA General Permit Application Submittal Dear Ms. Coats: E N G I N E E R S SURVEYORS P L A N N E R S M&C 04576-0001 On behalf of the Town of Burgaw, we are pleased to submit the above mentioned project for your review and approval. Per your discussion last week with McKim & Creed staff, we are providing you with the requisite documents for a CAMA General Permit for the above referenced project. Please note that the DWQ 401 Water Quality Certification is expected by the end of this week and we will forward to you immediately once it is received. This submittal includes the following documentation: • $400 application fee • One (1) copy each of the three signed certified mail return receipts dated October 2008, to serve as proof of adjacent landowner notification. Also included are copies of the letters sent to the adjacent landowners (note that only one landowner signed the actual letter and returned it within the 10-day comment period). • One (1) copy of the plan sheets associated with the directional drill at Rockfish Creek. • One (1) copy of the Finding of No Significant Impact, issued May 29, 2008 • One (1) copy of the USACE General Permit (Regional and Nationwide), issued May 18, 2009. • One (1) copy each of the DOT Encroachment Agreement for Primary and Ms. Heather Coats May 20, 2009 Page 2 As noted above, the DWQ 401 Water Quality document is forthcoming. Also, the plan sheets that we are submitting are for your review only; these sheets have not been signed and sealed as we would like your comments on any changes that should be made before final execution. Please let us know if you would like a comprehensive plan set for this project; because the plan set is in excess of sixty sheets, we have only submitted those that are relevant to the Rockfish Creek crossing. It is our understanding that, pending all required documentation, a CAMA General Permit will be issued to us at the site meeting on Tuesday, May 2&h, at 10 am. Please let us know of any additional required information that should be provided either at the site meeting, or in advance of that meeting. Thank you in advance for your time and attention to this matter. Please do not hesitate to contact us with questions and comments. Sincerely, McKIM & CREED, P.A. Emily McA ur, EI cc: Tony Boahn, PE, McKim & Creed, P.A. RECEIVE[ r)rAA IAfll naIrtlr-Tnn v MCKIM&CREED v May 26, 2009 REC'D MAY 2 nq ENGINEERS Ms. Heather Coats NCDENR — Division of Coastal Management 127 Cardinal Drive Ext Wilmington, NC 28405-3845 RE: Town of Burgaw Wastewater System Improvements CAMA Permit Dear Ms. Coats: S U R V E Y O R S P L A N N E R S M&C 04576-0001 Thank you for our site meeting this morning. Per your request, we are providing you with an executed agent authorization form granting McKim & Creed permission to obtain a CAMA permit on behalf of the Town of Burgaw. As discussed, we are also including one llx17 copy of plan sheets C49, D1, and D2. Note that C49 has been revised to exclude notes 1, 2, and 4, and also to show the wetlands boundaries. Upon your completion of the tear sheet permit, please fax a copy to me at (910) 251-8282. We must have this permit in our possession as soon as possible, as we will be submitting the project at the end of the week for its second round of review for stimulus funding. If you have any questions please do not hesitate to contact me at (910) 343-1048. Thanks again for your time and assistance. Sincerely, McKIM & CREED, P.A. �n�G,,xf�we RECEIVE MAY 2 7 21019 A� N NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management ,hael F. Easley, Governor James H. Gregson, Director Authorized Agent Consent Agreement William G. Ross Jr., L-ted. P A - &I H Af 4 �is hereby authorized to act on my bel (Printed N me of Agent) rder to obtain any CAMA permit(s) required for the property listed below. The authorization is limited t cific activities described in the attached sketch. ;ATION OF PROJECT: DPERTY OWNER MAILING ADDRESS: 14-rl�IC4 CA) >SL 28 "HORIZED AGENT MAILING ADDRESS: LLM 't cf-CC/ . 2A. ? 5z, 'W I —ce / /M/'rl c fV n f Kc- '=;� [NO 1 PHONE NO.. RECEIVED MAY 2 7 2009 DCM WILMINGTON, NC PHONE NO. iature of Property Owner: ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A• Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: `�tr^ L A. Signature X El Agent ❑ Addressee B. Received e 1 a,,) �8 C. Date of Delivery 0 D. Is d every a dress different from i m ? ❑ Yes If Y S, enter delive reps elq o hV )C� IL GTG NC 3. ❑ Registered urn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. ` ^' 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (I-ransfer from service label) _ 7006 0100 0004 7 7 6 9 9549 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Postal CERTIFIED MAIL,,., RECEIPT L'► Cr Only; �0 Coverage Provided) -Er � FFIG•IAL US•E Postage ON All — Certified Feet 0 Return Receipt Fee (Endorsement Required) O 1 Mere r O O rq Restricted Delivery Fee (Endorsement Required) QQ l 2oalJ Total Postage & Fees . A t p o Sent To r L , •--- ---- UL 2 Q_ 2 f� 3`treet, Apt. No.j ----•---------_ or PO Box No. �._ •- -' Crty, Stets. Z!P 4 - --------------- v MCKIM&CREED ENGINEERS v SURVEYORS CERTIFIED MAIL — RETURN RECEIPT REQUESTED October 24, 2008 Mr. LD Jones 292 Jonestown Road Wallace, NC 28466 P L A N N E R S M&C 04576-0001 (40) RE: Town of Burgaw — Wastewater System Improvements CAMA Adjacent Landowner Notification Dear Property Owner This letter is to notify you, as an adjacent riparian landowner of the Rockfish Creek crossing US Hwy 117 in Wallace, North Carolina, that the Town of Burgaw proposes to construct a new 24" sewer force main within the N.C. Department of Transportation Right -of -Way under Rockfish Creek as part of the above referenced project construction activities. The attached drawing accurately depicts the proposed construction. This letter is part of the landowner notification process required by the NCDENR Division of Coastal Management for obtaining a CAMA General Permit required for the referenced project. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement, and return this letter, as soon as possible to: 'RS pF0 Pee Emily McArthur ti McKim & Creed, P.A. 243 N. Front Street Wilmington, NC 28401 a° Should you have objections to this proposal, please send your written comments mI n e to: Heather Coates Mr. LD Jones 292 Jonestown Road Wallace, NC 28466 Page 2 Failure to respond in either method within ten (10) days will be interpreted as no objection. Please give me a call at (910) 343-1048, Extension 286, if you have questions or require additional information. Sincerely, McKIM & CREED, P.A. &K —rn cQA-+'J� Emily McArthur Engineer Intern /kli Enclosures: Drawing of proposed construction at Rockfish Creek cc: Tony Boahn, PE I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Signature Date v v MCIQM&CREED ENGINEERS SURVEYORS P L A N N E R S CERTIFIED MAIL — RETURN RECEIPT REQUESTED October 24, 2008 M&C 04576-0001 (40) Mr. and Mrs. James Earl Rich 210 Buck Jones Road Wallace, NC 28466-9553 RE: Town of Burgaw — Wastewater System Improvements CAMA Adjacent Landowner Notification Dear Property Owner This letter is to notify you, as an adjacent riparian landowner of the Rockfish Creek crossing US Hwy 117 in Wallace, North Carolina, that the Town of Burgaw proposes to construct a new 24" sewer force main within the N.C. Department of Transportation Right -of -Way under Rockfish Creek as part of the above referenced project construction activities. The attached drawing accurately depicts the proposed construction. This letter is part of the landowner notification process required by the NCDENR Division of Coastal Management for obtaining a CAMA General Permit required for the referenced project. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement, and return this letter, as soon as possible to: E R S P e ° F Emily McArthur McKim & Creed, P.A. 243 N. Front Street x Wilmington, NC 28401 n Should you have objections to this proposal, please send your written comments ' a�lns to: Heather Coates Mr. and Mrs. James Earl Rich 210 Buck Jones Road Wallace, NC 28466-9553 Page 2 Failure to respond in either method within ten (10) days will be interpreted as no objection. Please give me a call at (910) 343-1048, Extension 286, if you have questions or require additional information. Sincerely, McKIM & CREED, P.A. ` "(2 Cc -At kUA Emily McAr ur Engineer Intern /kli Enclosures: Drawing of proposed construction at Rockfish Creek cc: Tony Boahn, PE I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Signature Date ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. k Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. �i ;uer / ' ❑Agent ❑ Addressee . eceived by (Pri d' ame) C. Date of elivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No DCM' UGTON,NC ("J(j /� Q /� ServiceTypeIVIAT L, 11 LUu_; 'G' ( Ct-C ) �V (y�! tQ Q'Certified Mail ❑ E ess Mail ❑ Registered eturn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7 0 6 100 0 4 7 7 6 9 9532 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal ServiceT. CERTIFIED MAILP, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage $ .00 \ 0 Certified Fee 11 � O Powim � Return Receipt Fee ' (Endorsement Required) C 2 IbrTP08 O Restricted Delivery Fee �i �} ` O O (Endorsement Required) ri Ej Total Postage & Fees $ N. —0 a Sent To t a m� e Mr r ates -1 P - _ - P------------- Ci y, Box t I - T� Q - - !� _ City, State, Z%P+4 • -••---- mil- 1N___---------• /-C�( . 4 %CQ , CL �r�yl�(' Dixie General Contractors PO Box 567 Wallace, NC 28466 Page 2 Written comments must be received within ten (10) days of receipt of this notice. Failure to respond in either method within ten (10) days will be interpreted as no objection. Please give me a call at (910) 343-1048, Extension 286, if you have questions or require additional information. Sincerely, McKIM & CREED, P.A. &"t `-rnc 0.. Emily McArthur Engineer Intern Enclosures: Drawing of proposed construction at Rockfish Creek cc: Tony Boahn, PE I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Signature /O /2 u/0-e, Date v MCKIM&CREED ENGINEERS v SURVEYORS CERTIFIED MAIL — RETURN RECEIPT REQUESTED October 24, 2008 Dixie General Contractors PO Box 567 Wallace, NC 28466 P L A N N E R S M&C 04576-0001 (40) RE: Town of Burgaw — Wastewater System Improvements CAMA Adjacent Landowner Notification Dear Property Owner This letter is to notify you, as an adjacent riparian landowner of the Rockfish Creek crossing US Hwy 117 in Wallace, North Carolina, that the Town of Burgaw proposes to construct a new 24" sewer force main within the N.C. Department of Transportation Right -of -Way under Rockfish Creek as part of the above referenced project construction activities. The attached drawing accurately depicts the proposed construction. This letter is part of the landowner notification process required by the NCDENR Division of Coastal Management for obtaining a CAMA General Permit required for the referenced project. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement, and return this letter, as R S p f 0 soon as possible to: P�F Emily McArthur ti McKim & Creed, P.A. r Z 243 N. Front Street Wilmington, NC 28401 D ai n a �a Should you have objections to this proposal, please send your written comments to: Heather Coates v MCKIM&CREED ENGINEERS SURVEYORS P L A N N E R S CERTIFIED MAIL - RETURN RECEIPT REQUESTED October 24, 2008 Dixie General Contractors PO Box 567 Wallace, NC 28466 M&C 04576-0001 (40) RE: Town of Burgaw - Wastewater System Improvements CAMA Adjacent Landowner Notification Dear Property Owner This letter is to notify you, as an adjacent riparian landowner of the Rockfish Creek crossing US Hwy 117 in Wallace, North Carolina, that the Town of Burgaw proposes to construct a new 24" sewer force main within the N.C. Department of Transportation Right -of -Way under Rockfish Creek as part of the above referenced project construction activities. The attached drawing accurately depicts the proposed construction. This letter is part of the landowner notification process required by the NCDENR Division of Coastal Management for obtaining a CAMA General Permit required for the referenced project. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement, and return this letter, as ERS PEO soon as possible to: p�F Emily McArthur ti McKim & Creed, P.A. to a 243 N. Front Street Q - > Wilmington, NC 28401 a O Should you have objections to this proposal, please send your written comments to: Heather Coates r�rnr�a irr� Dixie General Contractors PO Box 567 Wallace, NC 28466 Page 2 Written comments must be received within ten (10) days of receipt of this notice. Failure to respond in either method within ten (10) days will be interpreted as no objection. Please give me a call at (910) 343-1048, Extension 286, if you have questions or require additional information. Sincerely, McKIM & CREED, P.A. &KJAt L-tnc O-A-tL-k� Emily McArthur Engineer Intern Enclosures: Drawing of proposed construction at Rockfish Creek cc: Tony Boahn, PE I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Signature Date ■ Complete items 1, 2, and 3. Also complete ". —J'' � ❑Agent item 4 if Restricted Delivery is desired. X rt ❑ Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. Rec ve (Pint Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. Aes Is delve ess ren 'te 1. Article Addressed to: If YES, nter d ivery address bel No 7�; X �F &aAlu-J a i^ _ NC 3. SeryyPe Certifi Mail ail ❑ Registere ''IC rn Rece' for Merchandise ❑ Insured Mail - 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7006 0100 0004 7769 9556 (Transfer from service label) Domestic Return Receipt 102595-02-M-1540 PS Form 3811, February 2004 U.S. Postal Service,. CERTIFIED MAIL,,., RECEIPT in. —..tir Mail Onlv: No Insurance Coverage Provided) USDA uArIL Development UnitedUnited States Department of Agriculture Rural Development State Office i Fxti. F. -- Sl 1794-1 i SUBJECT: Town of Burgaw Proposed Wastewater System Improvements Finding of No Significant Impact TO: Project File The attached Environmental Assessment has been prepared and reviewed in accordance with the National Environmental Policy Act, as amended (42 U.S.C. 6941 et seq.); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR Parts 1500-1508); and 7 CFR Part 1794, Rural Utilities Service's Environmental Policies and Procedures. Upon review of the environmental documentation included and referenced in the Environmental Assessment, I find that the proposed project will not have a significant impact on the human environment and for which an Environmental Impact Statement will not be prepared. John J. Cooper 4� State Director Rural Development Date U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ,ction ID. SAW-2009-00437 County: Pender USGS Quad: Burgaw and Wallace GENERAL PERNUT (REGIONAL AND NATIONWIDE) VERIFICATION roperty Owner: Mn Martin Beach Agent: Ms. Kim Williams Town of Burgaw Land Management Group ddress: 109 N. Walker Street 3805 Wrightsville Avenue, Suite 1! BurQaw, NC 28425 Wilmington. NC 28403 elephone No.: 910-452-0001 ize and location of property (water body, road name/number, town, etc.): The project area is located along the de of U.S. Highway 117 and Osgood Canal, between the towns of Wallace and Burgaw, Pender County. N 'arolina. ,escription of projects area and activity: Town of Burgaw Wastewater System Improvements This permit au to temporary discharge of fill material into 0.225 acres of stream and 1.129 acres of wetlands for the instal f a 20 inch force main sewer line. pplicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers afd Harbors Act, 33 USC 403) uthorization: Regional General Permit Number: Nationwide Permit Number: 12 EE ATTACHED GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the s mditions and your submitted plans. Any violation of the attached conditions or,deviation from your submitted plans ibject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is .spended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissue odified, this verification will remain valid until the expiration date identified below, provided it complies with all requirt e modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, suc tivity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced ider construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized pro tivity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocatic scretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certificati ould contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (1 for to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other requires ate or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulat, ogram, please contact Ronnie Smith at 910-251-4829. etermination of Jurisdiction: Based on preliminary information, there appear to be waters of the US including wetlands within the above described pro This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). There are Navigable Waters of the United States within the above described project area subject to the permit requiremer Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, th determination may be relied upon for a period not to exceed five years from the date of this notification. The jurisdictional areas within the above described project area have been identified under a previous action. Please refer jurisdictional determination issued on August 22, 2008. Action ID 2008-00042 Isis of Jurisdictional Determination: This site exhibits wetland criteria as indicated by the 1987 Corps Wetland Deline anual and is adiacent to several unnamed tributaries, Rockfish Creek, Burgaw Creek, Washington Creek and Lewi ie water bodies exhibit ordinary high water marks as indicated by the presence of wrack lines, sediment sorting and position, bed and banks and the absence of vegetation in the stream channels. This determination is based on inforn •ovided by Land Management Group and a site visit by Ronnie Smith of the USACE on 1/2/08. 3rps Regulatory Official: ate: May 18, 2009 Expiration Date: May 18, 2014 JRVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST I TTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. opies Furnished: [s. Emily McArthur Ms. Joanne Steenhuis Mr. Ian McMillan [cKim & Creed NCDENR-DWQ NCDENR-DWQ 13 North Front Street 127 Cardinal Drive Extension 1650 Mail Service Center Tilmington, NC 28401 Wilmington, NC 28405 Raleigh, NC 27699 ction ID Number: SAW-2009-00437 County: Pender ermittee: Town of Burgaw ate Verification Issued: May 18, 2009 roject Manager: Ronnie Smith pon completion of the activity authorized by this permit and any mitigation required by the pear gn this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE 69 DARLINGTON AVE WILMINGTON, NORTH CAROLINA 28403 lease note that your permitted activity is subject to a compliance inspection by a U. S. Army Corr ngineers representative. If you fail to comply with this permit you are subject to permit suspensi, odification, or revocation. hereby certify that the work authorized by the above referenced permit has been completed in ,cordance with the terms and condition of the said permit, and required mitigation was completes xordance with the permit conditions. ignature of Permittee Date )TIFICA:IION OF ADMINISTRATIVE APPEAL OPTION.'S AND PROCESS AND :QUEST I OR APPEAL ,plicant: Town of Burgaw File Number: SAW-2009- 00437 Date: May 18, 2009 .ached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E CTION I The following identifies your rights and options regarding an administrative appeal of the a ision. Additional information may, be found at http://ww-w.usace.armv.mil/inet/functions/cxN,,Icecwo/r( rps regulations at 33 CFR Part 331. INITIAL PROFFERED PERMIT: You may acceptor object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for 1 authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to a permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may requi permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Y objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modil permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the pei having determined that the permit should be issued as previously written. After evaluating your objections, the district en will send you a proffered permit for your reconsideration, as indicated in Section B below. PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for 1 authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to a permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions the: may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the this notice. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Pro ipleting Section II of this form and sending the form to the division engineer. This form must be received by the division e un 60 days of the date of this notice. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps garding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an ap] ) (which may be appealed), by contacting the Corps district for further instruction. Also you may provi formation for further consideration by the Corps to reevaluate the JD. CTION II'- REQUEST FOR"APPEAL "or OBJECTIONS TO AN INITIAL PROFFERED PERMIT MASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or you jections to an initial proffered permit in clear concise statements. You may attach additional informati, is form to clarify where your reasons or objections are addressed in the administrative record.) DDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corl -morandum for the record of the appeal conference or meeting, and any supplemental information that view officer has determined is needed to clarify the administrative record. Neither the appellant nor the iy add new information or analyses to the record. However, you may provide additional information tc location of information that is already in the administrative record. )INT OF CONTACT FOR QUESTIONS OR INFORMATION: you have questions regarding this decision I If you only have questions regarding the appeal pro d/or the appeal process you may contact: r. Ronnie Smith iAED-RG Darlington Avenue ilmington, NC 28403 may also contact: Mr. Mike Bell, Administrative Appeal Review C CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Divi 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 GHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, an( vernment consultants, to conduct investigations of the project site during the course of the appeal proce 11 be provided a 15 day notice of any site investigation, and will have the opportunity to participate in a iestiRations. Telephone number: of appellant or )r appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this for istrict Engineer, Wilmington Regulatory Division, Attn: Ronnie Smith, Project Manager, Wilmir egulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402 Town of Burgaw Wastewater System Improvements Town of Burgaw Pender County AID# SAW-2009-00437 Special Conditions: In order to compensate for impacts to 0.14 acres of riparian wetlands the permittee shall make paymer )rth Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, si perform the restoration of 0.14 acres of riparian wetlands in the Cape Fear River Basin, Catalogii 030007. )nstruction within jurisdictional areas in the project area shall begin only after the permittee has made fu iyment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP 'ovided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work re compliance with the MOU between the North Carolina Department of Environment and Natural Resouri e United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. All clearing and work associated with the directional drilling operation must be located outside of the wet eas. All disturbed wetland areas located outside of the permanent maintenance corridor must be allowed to n -vegetate. The rock check dams that will be placed in the wetlands and streams/RPW's shall be removed within 18C construction or until the wetlands and streams/RPW's have stabilized. c,-- )rp Regulatory Official Ronnie Smith Date: May 18, 2009 RECE