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 .,