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HomeMy WebLinkAbout85-17 Renewal 2020 Brunswick Regional Water & Sewer H2GOPermit Class RENEWAL Permit Number 85-17 STATE OF NORTH CAROLINA Department of Environmental Qual' and / Coastal Resources Commiss' �4 Verma for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Brunswick Reeional Water & Sewer H2GO. PO Box 2230. Leland, NC 28451 Authorizing development in Brunswick County at adj, to the Brunswick River, at 600 River Road, In Bellville as requested in the permittee's application dated letter dated 9/25/20. This permit, issued on November 10, 2020 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may oe subject to rmes, imprisonment or ctvu action; or may cause me permit to oe nuu ana vota. 1) This renewal shall be attached to the Permit No. 85-17, which was issued to the permittee on 7/19/17, as well as all copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2017-0500. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. SAW- 2017-00627. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. zllle_ez� For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pcrmittee DCM Coordinator: w; i(,mex-r Permit #: V3 1�+ MAILING DISTRIBUTION SHEET Agents: DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington " A).)I /�� c (OBJECTIONS ) 1 US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Jordan Jessup (TBD) Greg Curry (TBD) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncder.gov Heidi Cox (WIRO) Clif Whitfield (WARD) Kim Harding (Onslow, Pender, New Hanover, Brunswick) Jimmy Harrison (North of Onslow County) David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Holley Snider-401 (Carteret, Onslow, Pender) Robb Mairs — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARO) Natural Heritage Program Rodney Butler LPO: (NCDOT) Travis Wilson NC Division of Coastal Management CAMA Major Permit Renewal Request District: [,);1N";h)ta✓N Major Permit Staff: C1A -we-4J&4 Applicant Name: L/JlL a { ke W b Request Date: last First /p Z020 Received in Office: Project a Aaat5 • Address: BtaW� Cnoo Aver Rd � eIV; e- StreetAddress (tA.*S Wq.4-er- S/D pity ZP Cade LAMA Permit No.: �j&! S _ 1 - j pp� t Permit IExpiration Date: Payments Agent's Name: I7A li. cZ' NO District Manager/Field Rep Approve? (Initial Appropriate Box) ❑ Other No: Project �' �� _,�\ USACE D No.:on No: ��(J VV Has substantial yES If Yes, n / (12 &4 development occurred? ❑ Explain: /\f t(D Recommend to Renew? If Not Approved, provide NO El RECEIVED W.2 E,1010 MP SECTION DCM - MHD CRY 0 Brunswick Regional an NM Water and Sewer September 25, 2020 RECEIVED OCT 02 2020 Ms. Heather Coats N.C. Department of Environmental Quality DCM WILMINGTON, NC Division of Coastal Management 127 Cardinal Drive Ext. RECEIVED Wilmington, North Carolina 28405-3845 Re: CAMAMajor Permit 85-17 OCT 2 2; 2020 Renewal Request MP SECTION DCM - MHD CITY Dear Ms. Coats, CAMA Major Permit 85-17 issued by the Division of Coastal Management on July 19, 2017 is set to expire on December 31, 2020_ This permit was issued for a Reverse Osmosis Concentrate Discharge Line extending- from the proposed Brunswick Regional Water and Sewer H2GO Water Treatment Plant located at 146 Gregory Road in Belville to the proposed effluent diffuser in the Brunswick River, adjacent to H2GO's existing wastewater effluent discharge. The project components addressed in CAMA Major Permit 85-17 are as follows: 1) approximately 17,450 feet of buried effluent discharge line from the proposed WTP eastward to the diffuser in the Brunswick River; 2) the total length includes 400 ft of buried effluent discharge line from the river bank eastward to the diffuser structure; 3) a 35-ft long diffuser pipe on the river bed with four discharge ports extending one foot above the river bottom; and 4) a row of pilings to mark the diffuser location and to support a debris deflector. The Reverse Osmosis Water Treatment Plant and supporting water line projects were bid in 2017; however, construction was delayed due to political and legal issues pertaining to the project. The subject legal issues were resolved earlier this year and the remaining construction contracts were rebid 6n July 16, 2020. Following Local Government Commission (LGC) approval for project financing on September 1,2020, the H2GO Board of Commissioners awarded the construction contracts at their September 16, 2020 meeting. Construction of the RO water treatment plant, raw and finished water lines, and the RO concentrate discharge lineJs slated to start mid -October 2020. PO Box 2230, 516 Village Rd NE www.H2GOonline.com OFFICE: 910-371-9949 Leland, NC 28451 FAX: 910-371-6441 September 25, 2020 Ms. Heather Coats Re: CAMA Major Permit 85-17 Renewal Request Page two With CAMA Major Permit 85-17 set to expire on December 31, 2020, we hereby and formally submit a request to extend the subject permit. We understand that since there are no significant changes to the project as generally described above and permitted in 2017, submission of this permit extension request letter along with a Permit Renewal Fee of $100 is required by the Division of Coastal Management to obtain the subject permit extension request. As stated above, construction shall - ----- commence -in --October 2020 and is expected to be complete by Spring 2022. We respectfully request that LAMA Major Permit 85-17 be extended to December 31, 2022 should delays in project construction occur. I trust the above information is sufficient for your review; however, if you should have any questions or need additional information, please do not hesitate to contact US. Sincerely, Bob Walker Executive Director Brunswick Regional Water & Sewer 112GO bwalker@H2GOonline.com cc: Chad Coburn — NCDEQ, Wilmington Regional Office Gary Beecher - USACE, Wilmington Field Office Charles bavis - The Wooten Company RECEIVED OCT 2 2.2020 MP SECTION DCM - MHD CRY PO BOX 2230 LELAND NC 28451 OFFICE 910371-9949 FAX 910-371-6441 516 VILLAGE RD LELAND NC 28461 www.nbsdonline.net .......... Pesnut Class Permit Number NEW 85-17 STATE OF NORTH CAROLING Department of Environmental Quality and Coastal Resources Commission V'rmtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Brunswick Regional Water & Sewer H2G0 PO Box 2230 Leland NC 28451 Authorizing development in Brunswick County adj. to the Brunswick River. at 600 River Road. Belville as requested in the permittee's application dated 3/6117 (MP-1. MP-3 & MP-4). and 4/4/17 (MP-2), incl. attached workplan drawings (15), as referenced in Condition No. 1 below. This permit, issued on July 19, 2017 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may to subject to tines, imprisonment or civil action; or may cause me permit to oe uuu anu votu. Effluent Outfall Pipe 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (15), 3-9 of 9 dated May 2017, 7-11 of 21 dated October 2016, S-1.01 & S-2.01 dated revised 4/04/17, & C-1.05 dated revised 4/5/17. 2) In order to protect juvenile shrimp and frnfish populations, no in -water work shall be permitted between February 1 and September 30 of any year without the prior approval of the Division of Coastal Management & U.S. Army Corps of Engineers, in consultation with the appropriate resource agencies. (See attached sheets for Additional Conditions) This permit action may be appealed by the permiuee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. •? Braxton . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Brunswick Regional Water & Sewer II2GO Permit No. 85-17 Page 2 of 6 ADDITIONAL CONDITIONS 3) Unless specifically altered herein, this permit authorizes the effluent outfall pipe structure, debris deflector and warning signs, all as expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this structure without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 4) The alignment of the effluent outfall pipe and debris deflector structures shall adhere to the alignment depicted on the attached workplan drawings. Any proposal to change the alignment may require a modification of this permit. Contact a Division Representative at (910) 796-7215 for this determination. 5) The authorized effluent outfall pipe crossing all waterbodies shall be installed by way of a directional bore. Any other method of installation shall require a modification of this permit. 6) The effluent outfall pipe shall be installed a minimum of 2 feet below the existing substrate in the Brunswick River, as depicted on the attached workplan drawings. 7) The debris deflector/warning sign pilings shall be installed as indicated on the attached workplan drawings, and shall conform with any and all appropriate regulations governing such structures, including but not limited to marking and lighting requirements of the N.C. Wildlife Resources Commission and/or the U.S. Coast Guard. 8) The permittee shall maintain the authorized debris deflector/warning signs in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 12) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 13) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. 14) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 15) No Coastal Wetlands shall be excavated or filled. Brunswick Regional Water & Sewer 112GO Permit No. 85-17 Page 3 of 6 ADDITIONAL CONDITIONS 16) The temporary placement or double handling of excavated or fill materials within waters and Coastal Wetlands is not authorized. Spoil Disposal 17) All excavated materials shall be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 18) No spoil material is to be placed within 30 feet of the normal high water line. 19) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. U.S. Army Corps of Engineers Conditions 20) Pipeline/utility line construction through jurisdictional waters and wetlands will be accomplished utilizing directional drilling/boring methods to the maximum extent practicable. 21) Temporary discharge of excavated or fill material into wetlands and waters of the United States will be for the absolute minimum period of time necessary to accomplish the work. Temporary discharges will be fully contained with appropriate erosion control or containment methods or otherwise such fills will consist of non -erodible materials. 22) Excavated materials shall be returned to the excavated areas and any remaining materials shall be disposed of in uplands, unless the Corps authorizes disposal in waters of the United States. 23) Cleared wetland areas shall be re -vegetated to the maximum extent practicable with native species of canopy, shrub, and herbaceous species. Fescue grass shall not be used. 24) Use of rip -rap or any other engineered structures to stabilize a stream bed should be avoided to the maximum extent practicable. If riprap stabilization is needed, it should be placed only on the stream banks, or, if it is necessary to be placed in the stream bed, the finished top elevation of the riprap should not exceed that of the original stream bed. 25) When directional boring or horizontal directional drilling (11DD) under waters of the United States, including wetlands, permittees shall closely monitor the project for hydraulic fracturing or "fracking." Any discharge from hydraulic fracturing or "fracking" into waters of the United States, including wetlands, shall be reported to the appropriate Corps Regulatory Field Office within 48 hours. Restoration and/or compensatory mitigation may be required as a result of any unintended discharges. 26) . Upon completion of work that involves. temporary stream impacts, streambeds are to be restored to pre - project elevations and widths using natural streambed material such that the impacted stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth of the impacted area if shallower than 12 inches. Brunswick Regional Water & Sewer H2GO Permit No. 85-17 Page 4 of 6 ADDITIONAL CONDITIONS 27) Upon completion of work involving temporary stream bank impacts, stream banks are to be restored to pre -project grade and contours or beneficial grade and contours if the original bank slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo-engineered methods are to be applied Conditions for Effluent Discharge Pipe 28) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne- es/mammal/manatee_guidelines.pdf. 29) Best Management Practices proposed in the applicant's letter dated June 2, 2017 shall be implemented, to include all efforts to avoid toxicant input into waters of the U.S. and deployment of a sediment control fence, silt curtains, or other turbidity control methodologies shall be conducted as depicted on Drawing 5-1.01 of the attached plans. 30) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 31) Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 32) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 33) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 34) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. Brunswick Regional Water & Sewer H2GO Permit No. 85-17 Page 5 of 6 ADDITIONAL CONDITIONS Upland Development 35) Unless specifically altered herein, this permit also authorizes the wastewater treatment plant and associated utility lines and activities associated with the development of the above referenced project, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. Stormwater Management 36) A stormwater management permit from the Division of Energy, Mineral and Land Resources shall be required for portions of the authorized project. A copy of the stormwater management approval shall be obtained and a copy provided to the Division of Coastal Management prior to the initiation of any development activities authorized by this permit. Erosion & Sedimentation Control 37) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 38) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 39) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any, land disturbing activity. Submit this plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. General 40) No open water areas shall be excavated outside the alignment depicted on the attached workplan drawings. 41) The permittee and/or his or her contractor shall meet with a representative of the Division -and U.S. Army Corps of Engineers prior to project initiation. 42) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 43) No work shall take place on any property until such time as the permittee has obtained legal authority (i.e. deeds, easements, right-of-way encroachment agreements, etc.) for said property. Brunswick Regional Water & Sewer H2G0 Permit No. 85-17 Page 6 of 6 ADDIITONAL CONDITIONS 44) Relocation of water mains will require engineered plans and specifications to be submitted to the N.C. Division of Water Resources, Public Water Supply Section, for review and approval before placing the project into service. Submit engineered plans and specifications to the Department of Environmental Quality, Division of Water Resources, Public Water Supply Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The pemdttee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2017- 00627. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification No. 4097 (DWR Project No. 2017-0500), issued 6/2/17. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED OCT 2 21010 MP SECTION DCM - MIHD CITY Date :. ' Date Cheek From Name of _ Vendor Check Check Perm lf Rcl::# Received Deposited `; Permit Holder Number amount Nember%Comments 10/19/2020" 10/20/2020 ,B'unswick•Regional• same" ., First Bank �37772,>'- $100,00 ::, major.tenewalfie#85-17,teland ' Ben,rct: • H2G0 BrGo ' 11715 r .,