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HomeMy WebLinkAbout51942D - Brunswick / ❑"LAMA/ QDREDGE & FILL N? GENERAL PERMIT Previous permit# "'/f4 ❑New Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued ti orized by the State of North Carolina,Department of Environment and Natural Resources Coastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC 1 • 76 D G les attached. Int Name •-- 1i Project Location: County /3leZ/'7Su.)i Ci .. s c. Street Address/State Road/Lot#(s) 06,/•' /T�S. �� V/c:: State /G ZIP j�✓^a l/.,-7,-1 //,'ck//d7PcA- / /12 # ( ) 5 Y74JI Fax#( ) Subdivision C ,.0e k___ ized Agent e' // ilE'i'C e _ City &JI ✓;c-- ZIP 2 g d ❑CW ❑EW PTA ❑ES ElPTS Phone# ( ) River Basin i.-1// ❑OEA ❑HHF ❑IH ❑UBA ❑N/A • Pws: FC: Adj.Wtr. Body. ..«.it(•//re e�h-- r nat, t) Crit.Hab. yes / no Closest Maj.Wtr. Body ���� yes I no PNA yes /( of Project/Activity /%,t 1! j,c i / ,64/4) '6")v/Ce d-fcz i)7 37, 6._le` /, � (Scale: Jock)length � / m(s) I 1) f15/ /fr. [mac -#4,'A1el//iztei11g$ Gc e i-eifd71X7 pier(s) / / y�! length a Z, 1 ,p.Zc V / ! �,.4. ',g a ./a4 camber \Q/ _-yam'.2/ .6\ g i �rf`/7 pC i ;ad/Riprap length // / ivg distance offshore _1 \ C4 Y7 a GC.?dkS /��lQ �1 � i,%00 L G_ e ' ! / d m G nax distance offshore JJJ / / i �,, channel s-/i1 de/64/jX/ /o. / ."c1 7�� g. yC�",,,i ct' / 7 di r7'►ig,! Q dre 0,5 Le)/`/ ezeH ;yl S /✓.� - �1?t :ubic yards amp bd won ' case/Boatlift Bulldozing , tOiYCf /Yr(, t I `SDDat)P y O7t l2 _ ine Length N ff' - --- not sure yes ® 1 igs: not sure yes xium: n/a yes c: yes ....I -i- — 1-.. -Attached: yes no ling permit may be required by: Bia HSA/ic IL l OLG1' n See note on back regarding River Basin ./c--:�1 P`__J:...___ .4// ri.Q..i-l^. _/ •. _ -- _-1C. P 7Ll _ /1 A l /, -, -,...// -. !' w // . ), VT Moilvia,NC 531 '*qx' VOID AFTER 90 DAY 4,, DATE CHECK NO. AMOUNT eI. 10/26/07 00581603 ******400 .00 '' Dollars and ZERO Cents - a GENERAL ACCOUNT FUND ,., THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY a; THE LOCAL GO RNMENT BUDGET AND FISCAL CONTROL ACT. t ISION OF COASTAL MANAGEMENT 4 SERVICE CENTER e7, FINANCE DIRECTOR ; C 27699-1638 i47 p a, COUNTY MANAGER �.r SIGNATURE AREA CONTAINS A KNIGHT&FINGERPRINT CHECK WORDING 1:05310L7L01:00052L680L85911' ER SIGNATURE INDICATES CHECK IS FRAUDULENT PATENT NUMBERS ARE PRINTED WITH HEAT SENSITIVE INK&WILL DISAPPEAR WHEN BLOWING OR RUBBING • • OFWATF \OCR 9pG Michael F.Easley,Governor Uj y William G.Ross Jr.,Secretary . North Carolina Department of Environment and Natural Resources Coleen Sullins,Director Division of Water Quality December 4,2007 DWQ Project#20071630 Brunswick County County of Brunswick Attn:Marty Lawing P.O.Box 249 Bolivia,NC 28422 Subject Property: Oak Island Force Main Phase I&II Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Lawing: You have our approval,in accordance with the attached conditions and those listed below, to permanently impact 0.238 acres of 404 wetlands and to temporarily impact 2.492 acres of 404 wetlands to construct the proposed pipeline utility structure as described within your application dated September 17,2007 and received by the N.C. Division of Water Quality(DWQ)on September 26,2007. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s)3625(WQC 3625). The Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the U.S. 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 NPDES and State Stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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 fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference 404 Wetlands permanent 0.238(acres) PCN,page 4 of 10 404 Wetlands temporary PCN,pages 4&5 of 10 2.492(acres) 2 County of Brunswick Oak Island Force Main Phase I&II 2007-1630 2. Erosion&Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed,installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation,operation,and maintenance of the sediment and erosion control measures must be such that they equal,or exceed,the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil)projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites,the erosion and sediment control measures must be designed,installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids,or Fill of Any Kind No waste,spoil,solids,or fill of any kind shall occur in wetlands, waters,or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,including the design,installation, operation,and maintenance of sediment and erosion control Best Management Practices,shall be performed so that no violations of state water quality standards,statutes,or rules occur. 4. No Sediment&Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,NC, 27699-1650. 6. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR)or a DLR delegated local erosion and sedimentation control program,an NPDES General stormwater permit(NCG010000)administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit[applicable to construction projects that disturb one(1)or more acres],full compliance with permit conditions including the cPriimPnt.tinn _• J•. • 3 County of Brunswick Oak Island Force Main Phase I&II 2007-1630 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),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 in the Central Office in Raleigh at 919-733-1786 or Chad Coburn in the DWQ Wilmington Regional Office at 910-796-7215. Si rely, Co een H. Sullins,Director Division of Water Quality. Enclosures: GC 3625 Certificate of Completion cc: Ron Johnson—Earth Tech,701 Corporate Center Drive, Suite 475,Raleigh NC,27607 Kim Garvey-USACE Wilmington Field Office Ian McMillan,DWQ 401 Oversight Unit WiRO File Copy Central Files Certification of Completion Q Project No.: County: licant: ect Name: of Issuance of Wetland Permit: Certificate of Completion i completion of all work approved within the 401 Water Quality Certification and Buffer Rules, an quent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form m red to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary tc icates from all of these. licant's Certification , hereby state that, to the best of my abilities, due care and diligent, in the observation of the construction such that the construction was observed to be built within subst fiance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifica ther supporting materials. .ture: Date: it's Certification , hereby state that, to the best of my abilities, due care and diligence in the observation of the construction such that the construction was observed to be built within subst; liance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifical Cher supporting materials. ture: Date: is project was designed by a Certified Professional , as a duly registered Professional (i.e., Engi] cape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodic y, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities glue • WQC #3625 UTILITY LINE BACKFILL AND BEDDING CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR REGIONAL PERMIT 198100049(UTILITY LINE BACKFILL AND BEDDING) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General 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 Water Quality(DWQ)Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12)and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules (Buffer Rules)in 15A NCAC 2B .0200. This certification replaces Water Quality Certification (WQC)Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022 issued on September 6, 1995, Water Quality Certification(WQC) Number 3101 issued on February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000 and WQC Number 3374 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit 198100049 or when deemed appropriate by the Director of the Division of Water Quality. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Activities covered by this General Certification do not require written concurrence from the Division of Water Quality as long as they comply with all conditions of this General Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as appropriate. If any condition in this Certification cannot be met, application to and written concurrence from DWQ are required. Also, Condition No. 6 is applicable to all streams in basins with riparian area protection rules; 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit,one payment to both agencies shall be submitted and will be the higher of the two fees; 3. In accordance with 15A NCAC 2H .0506 (h)compensatory mitigation may be required for stream and/or wetland impacts. Streamside buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as"allowable with mitigation"within the"Table of Uses"section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made by DWQ for any Certification involving written concurrences including those for relevant Buffer Rules; 4. The edge of the construction corridor shall not be installed parallel to and closer than 10 feet(3 meters)to a stream and 25 feet in waters classified as HOW. Utility lines shall not • WQC #3625 stream channel or within 2 feet of the stream banks in the case of plastic or PVC pipes or b)with properly bedded and supported ductile iron. Otherwise, written concurrence from DWQ is required; 6. Impacts to any stream length in the Neuse,Tar-Pamlico, Randleman and Catawba River Basins (or any other river basins with Buffer Rules in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233, .0259, .0250 and .0243. Activities listed as"exempt"from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)within the Neuse, Tar-Pamlico and Randleman River Basins shall be limited to"uses" identified within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250 and .0243. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 7. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 8. Herbicides can be applied in wetlands or other waters only when applied by a certified applicator, and in strict accordance with product labeling; 9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the placement of the utility line. Rip rap may only be used below the normal high water level. The stream berm must be restored to the original contour after construction. Placement of rip rap or other materials shall not result in de-stabilization of the stream bed or banks upstream of downstream of the crossing; 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the"North Carolina Sediment and Erosion Control Planning and Design Manual" or the"North Carolina Surface Mining Manual"whichever is more appropriate(available from the Division of Land Resources (DLR)in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored within two months after the Division of Land Resources has released the project; 12. Annual native species suitable for wet locations shall be planted and established within jurisdictional wetlands for soil and erosion control. Perennials such as fescue are prohibited; 13. No fertilizer shall be applied within 10 feet(3 meters)of streams. Any fertilizer application must comply with all other Federal, State and Local regulations; 14. The construction corridor(including access roads and stockpiling of materials) is limited to WQC #3625 spaced at least 500 feet (152.4 meters)apart. Written concurrence is required if the maintenance corridor is greater than 10 feet (3 meters)wide except that a maintenance corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is provided for additional wetland fills to the maintenance corridor beyond those widths specified in this General Certification; 16. An anti-seep collar shall be placed at the downstream (utility line gradient)wetland boundary and every 150 feet(45.7 meters)up the gradient until the utility exits the wetland for buried utility lines: Anti-seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet(45.7 meters)long do not require anti-seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is attached for the anti-seep collars; The following specifications shall apply to class B concrete: a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0 b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5 c) Maximum water-cement ratio gallons per sack 6.8 d) Slump range 2"to 4" e) Minimum strength-28 day psi 2,500 17. This General Certification does not authorize any permanent changes in pre-construction elevation contours in waters or wetlands or stream dimension, pattern or profile. The permittee will have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area; 18. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact(FONSI)or Record of Decision (ROD) is issued by the State Clearinghouse; 19. Stormwater management will not be required for this Certification as long as all other Conditions are met. However, in the twenty coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations still apply; 20. Compensatory mitigation (i.e., restoration, creation or preservation)for wetland losses will not be required for this Certification if written concurrence is not needed; 21. Payment of a dollar per acre figure into the Wetland Restoration Program for these impacts is acceptable when compensatory mitigation is required as long as the Wetlands Restoration Program agrees in writing to accept this payment. Other mitigation plans must receive written DWQ concurrence; 22. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State or local approvals; 23. Additional site-specific conditions may be added to projects for which written concurrence WQC #3625 25. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 19 March 2007 DIVISION OF WATER QUALITY By 64/ — r& tt Alan W. Klimek, P.E. Director WQC#3625