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HomeMy WebLinkAbout38-13 Cape Fear Public Utility AuthorityPermit Ciass NEW Permit Number 38-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vennit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Cape Fear Public Utility Authority, 235 Government Center Drive, Wilmington NC 28403 Authorizing development in New Hanover County at Masonboro Sound ,as requested in the permittee's application dated 10/15/12 02-1 & MP-?) and 1/2/13 (MP-3 & MP-5), including the attached workplan drawings (43), as referenced in Condition No. 1 This permit, issued on March 20 2013 , 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 suo3ecr to lines, imprsomneni or civil acnon; or may cause rile permit to ne nuu ano voiu. 1) Unless specifically altered herein, all work shall be conducted in accordance with the attached workplan drawings: Cover Sheet dated 1/2/13, 1-1 through 1-4, Al through A-15, B-1 through B-2, C-1 through C-4, and DT-1 through DT-12 dated revised 4/2/12, 1-1A dated 11/15/12, E3-E5 dated 5/12/08, and El and E2 dated April 2012. Upland Development 2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the installation of the utility lines and pump station, 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. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall 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 shall cease when the permit expires on December 31, 2016 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 DENR and the Chairman of the Coastal Resources Commission. Brai£on C. Davis, Director /Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Cape Fear Public Utility Authority Permit #38-13 Page 2 of 2 ADDITIONAL CONDITIONS Spoil Disposal 3) All materials resulting from the open trenching or directional boring shall be confined to upland areas behind adequate retaining structures to prevent spillover of solids into any marsh or surrounding waters. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 4) A ground cover sufficient to restrain erosion shall be provided within thirty calendar days of project completion. 5) . 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.). 401 Water Ouality Certification 6) ''The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification Nos. 3884 (DWQ Project No. 13-0044), which was issued on 2/12/13. General Z) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, outside of the area(s) depicted on the attached workplan drawings. 8) Construction mats shall be utilized to support equipment within wetland areas to minimize temporary wetland impacts. These mats shall be removed immediately following project completion. ;9) 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including, but not limited to, a NC Division of Water Quality Stormwater Permit. 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 permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2010-01914 which was issued on 2/5/13. • HOW APPLICATION for Major Development Permit (last revised 72f27108) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information; Business Name Cape Fear Public Utility Authority (CFPUA) Project Name (if applicable) Masonboro Sound Road Water and Sewer Extensions Applicant 1: First Name Frank MI Last Name Styers Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 235 Government Center Drive PO Box City Wilmington State NC ZIP 28403 Country USA Phone No. 910 - 332 - 6560 ext. FAX No. 910- 332 -6352 Street Address (d ddierent from above) City State ZIP Email 2. Agent/Contractor Information Business Name WK Dickson & Co., Inc. Agent/ Contractor 1: First Name MI Last Name Thomas C Hubard Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box City State 909 Market Street Wilmington NC ZIP Phone No. 1 Phone No. 2 28401 910 - 762 - 4200 ext. 910 - 442 - 1850 ext. FAX No. Contractor # 910-762-4201 Street Address (if different from above) City Stale ZIP Email RECEIVED JAN 1 kr:Fbt continues on back> DCM WILMINGTON, NC f NOV 0 1 2012 71f'A?_Mun �yTy 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net A Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be multiple) Street Address State Rd. # New Hanover Subdivision Name Oyster Bay, city state Zip Windchase, Masonboro Sound Wilmington NC Phone No. Lot No.(s) (if many, attach additional page with list) ext. I I, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Intracoastal Waterway, Masonboro Sound c. is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. (Natural ❑Manmade ❑Unknown Intracoastal Waterway, Masonboro Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of Wilmington, North Carolina 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq,ft.) 0 (zero) 696,000 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water level) (IF many lot s/zes, please attach additional page with a list) Varies from 1'to 20'®NHW or ❑NWL e. Vegetation on tract The tract is residentially developed with grass lawns and some lightly wooded areas. I. Man-made features and uses now on tract There are single-family homes around the project area. g. Identify and describe the existing land uses adjacent to the proposed project site. The adjacent area to the project is residential. h. How does local government zone the tract? i. Is the proposed pmjecI consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ❑Yes ❑No DONA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes MNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ®Yes ❑No ❑NA t National Regi rlistej)PLVproperty? Construction will be more than 50 feet from register structures. RECEIVED Jk j 6 /1113 <Form continues on next page> DCM WILMINGTON, NC NOV 0 1 2012 DCM-MUD CITY 252.808-2808 :: 1-888.4RCOAST :: www.neconstalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. () Are there wetlands on the site? ®Yes ONO (ti) Are there coastal wetlands on the site? ®Yes [--]No (III) If yes to either (i) or III) above, has a delineation been conducted? WYes ❑No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. The project will be served by the McKean-Maffit (Southside) Wastewater Treatment Plant owned and operated by CFPUA. o. Describe existing drinking water supply source. The potable water supply is the CFPUA Drinking Water System. p. Describe existing stone water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial RIPublictGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The project will provide Water and sewer to a residentially developed area currently served by wells and septic systems. CFPUA will operate the proposed water and sewer system. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The water and sewer will be constructed by typical open/cut construction using excavators and backhoes. d. List all development activities you propose. Water and sewer systems including a wastewater pump station. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ®Acres 16 g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ONO ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. There are no new proposed discharges to Waters of the State. i. Will wastewater or storrnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ®NA j. Is there any mitigation proposed? ❑Yes ONO ❑NA If yes, atlt@h a miggamdo coposal. "0=t✓Li VCU JAN 16 2013 <Form continues on back> DCM WILMINGTON, NC NOV 0 1 2012 ^CM n4([9 e 252-808-2808 :: 1-888-4RCOA5T :: www.ncconstalmanagement.net O, Form DCM MP-1 (Page, 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application form, (MP-1) the following items below, it applicable, must be submitted in order for the application package to be complete. Items (a) — (i) are always applicable to any major development application. Please consuft the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the effected properties. e. The appropriate application fee. Check or money Order made payable to DENR. f A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by cerfified mail. Such fandowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers. permiltee, and issuing dates Erosion and Sedimentation Control - NH02119 Stormwater Management - W8020101 NCDENR Sewer - W00020773, and NCPWS Water - 010219. h. Signed consultant or agent authorization form, if applicable. i. Weiland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (NC .G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the bestofmy knowledge. Date /0 �/_ �l5 h Print Name Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development RECEIVED ODCM MP-4 Structures Information RECEIVED JAN 16 2013 DCM WILMINGTON, NC NOV 0 1 2012 252.808.2808 :: 1-888.4RCOA5T :: www.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Channel (NLW or NWL) Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilization Length N/A Width N/A -._. --- - Avg. Existing Depth N/A NA NA Final Project Depth N/A NA NA 1. EXCAVATION ❑This section not applicable' Amount o1 material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand clay , muck, ect 0(zero). (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom IS% or other wetlands (WL)? If any boxes are checked, provide the approximately 22,000 cV number of square feel affected. ❑CW _ ❑SAV _ ❑SB _ IDOWL 1Q,4!54 pNone (Temporary and permanent) (ii) Describe the purpose of the excavation in these areas: Excavation is due to the installation of proposed sewer lines. 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b Gimenslor.s of disposal area c. (I) Do you claim title to disposal area? ❑Yes ❑No ®NA fill If no, attach a letter granting permission from the e. (i) Does the disposal area include any coastal wsllands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (S0 or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW _ ❑SAV ❑SB _ [3011- lea ❑None (it) Describe the purpose of disposal in these areas: Replacing substrate ack"f&EP trenched area withingwetlands t �l �156 2013 d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No (@NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes ❑NO ®NA (if) If yes, how much water area is affected? Spoils will be properly disposed. The majority of material will be placed back into the trench. o preconstruction c nt a RECEIVED 11Q4 141I1 A4I4'GT9N, NG 252.808.2808 :: 7-888.4RCOA3T :: www.nccrfek'ti6118y1pt fent.net nimised: 12J26/66 NOV 01 2012 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization In Length ❑Bulkhead ❑Riprap ❑BreakwaterlSili ❑Olhec Width. c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap _ Breakwater/Sill Other I . Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No DNA (it) If yes, slate amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) r"r;,x:• ., ;.; x; a. (i) Will fill material be brought to the site? [:]Yes ®No DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW L If yes, (ii) Amount of material to be placed in the water 0 (iii) Dimensions of fill area 3 2 ' X 5 6 ' (tv) Purpose of fill Pump station site grading submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB ❑WL _ WNone (ii) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Erosion control will be handled according to the Typical water and s .w _r construction equipment NCDENR Erosion Control Plan. will be used including excavators and backhoes. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No DNA site? C4Yes ❑No DNA (it) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. Silt fence and ground stabilization will be used to protect wetlands adjacent to disturbed areas Date (� I _ I Z Applicant Name FRA4- 54,1ee,i O.. � �:}.rs.-,,�i, �A�Fcae twi3ut- u7ruTT F�%lwclrY Project Name Q(' �`ii'� Applicant Signature N1A�n)�ct�-C4 <)vwvo ,,,��"� ' 252-808.2808::1-888.4RCOAST :: www.nccoae tat nt.net DCM WILMINGTON, revised: 112128108 NOV 0 1 2012 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and'or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. Pump Station - Building 1 c. Density (give the number of residential units and the units per acre). 1 (one) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA (if) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. b. Number of lots or parcels. One (1) lot for pump station building. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 1,118 square feet or 0.026 acres f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Manhole lids gravel and concrete structures Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No ®NA (ii) If yes, list the date submitted: j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local approval? The treatment and disposal will take place at the []Yes ❑No ®NA McKean-Maffit (Southside) Wastewater Treatment If yes, attach appropriate documentation. Plant in Wilmington NC owned and maintained by CFPUA. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). m. Does the proposed project include an innovative stormwater design? ❑Yes [:]No ®NA If yes, attach appropriate documentation. tECEMM 16 2C13 -"n-mnu CITY JAN 0 2 2013 DCM WILMINGTON, NC 252-808.28082 :: 1-888.4RCOAST % www.nccoastal_m anagement.n_ot revised: 12,26/06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g.. well, n. (i) Will water be impounded? ❑Yes ONO SNA community, public system, etc.) (it) If yes, how many acres? The proposed drinking water supply source will be a part of the CFPUA Drinking Water System. o. When was the lot(s) platted and recorded? 7-1 2DI3 Date Masonboro Sound Road Water and Sewer p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ONO ❑NA Project Name /7 �OAnl� C. �T'(ERS I CAft Grate `u6LVL VT ILCr- Applicant Name —r "lila4tk, � '�A }Fi/1 wit Applicant Signature RECEIVED F� I� I r DCM-MHD CITY 251-908-2808::18 M4RCC,NA5T rxr. t revised: 12i26106 Form UCM MP-5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES j]This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: []Commercial ❑Public/Govemment ❑PrivatelCommunity c. Type of bridge (construction material): d. Water depth at the proposed crossing at NLW or NWL: e. (I) Will proposed bridge replace an existing bridge? []Yes ❑No f. (i) Will proposed bridge replace an existing culvert? ❑Yes []No If yes, If yes, (it) Length of existing bridge: (ii) Length of existing culvert: _ (III) Width of existing bridge: (ili) Width of existing culvert: _ (iv) Navigation clearance underneath existing bridge: (iv) Height of the top of the existing culvert above the NHW or (v) Will all, or a part of, the existing bridge be removed? NWL: (Explain) (v) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge: h. Width of proposed bridge: i. Will the proposed bridge affect existing water Flow? ❑Yes []No j. Will the proposed bridge affect navigation by reducing or []Yes []No increasing the existing navigable opening? If yes, explain: If yes, explain: k. Navigation clearance underneath proposed bridge: I. Have you contacted the U.S. Coast Guard concerning their []Yes ❑No approval? If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: waters? []Yes []No If yes, explain: 2. CULVERTS ❑This section not applicable ISL RECEIVED #'. a. Number of culverts proposed: 2 b. Water body in which thialc6verl is tobe Pia . 16 1013 koadside RPW draining to ICWW. JAN DCMM11DCTTY WILMINGTON, NC DCNI 252-808.2808 :: 1.888-4RCOAST :: www.nccoastatmanayrnx-nt.me'. revised: 10t26106 Form DCM MP-5 (Bridges and Culvc < Form continues on back> c. Type of culvert (construction material): The nr000sed culverts will be dual 24-inch Class III RCP with flared end sections within RPW. d. (i) Will proposed culvert replace an existing bridge? ❑Yes K No If yes, (if) Length of existing bridge: (III) Width of existing bridge: (Iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) I. Length of proposed culvert: 30 feet h. Height of the top of the proposed culvert above the NHW or NWL. 10feet j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ❑Yes ®No If yes, explain: is, (i) Will proposed culvert replace an existing culvert? []Yes ®No If yes, (if) Length of existing culvert(s): _ (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) g. Width of proposed culvert: 24 inches i. Depth of culvert to be buried below existing bottom contour. inches k. Will the proposed culvert affect existing water flow? In ❑Yes MNO If yes, explain: To allow continual water flow within RPW. 3. EXCAVATION and FILL This section not applicable a. C. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? []Yes ®No If yes, III) Avg. length of area to be excavated: (III) Avg. width of area to be excavated: _ (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: (1) Will the placement of the proposed bridge or culvert require any high -ground excavation? ®Yes []No If yes, III) Avg. length of area to be excavated: 30 feet fill) Avg. width of area to be excavated: 5 feet `+ (iv) Avg. depth of area to be excavated: 2 feet (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SO), or other wetlands (WL)? If any boxes are checked. provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ E]WL 150 SF❑None (it) Describe the purpose of the excavation in these areas: Pump station access road/driveway and roadside gECEO R.CEI Y ED p'V 161a�3 JAN 0 2 2013 DCM WILMINGTON, NC 252-808.2808 .: 1-888.4RCOAST :: v✓ww.neco,astalw+nnagrrnon!,pet revised: 10126106 Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: The Contractor will be responsible for disposal of excess spoil off -site. (ii) Dimensions of the spoil disposal area: N/A (III) Do you claim title to the disposal area? ❑Yes []No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? [-]Yes ®No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation ISM), other wetlands (WL), or shell bottom (SB)? []CW ❑SAV []WL ❑SB ®None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? ? ❑Yes ®No If yes, give dimensions if different from (ii) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ❑Yes ®No If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: (1) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB IIWL 150 Sr ❑None III) Describe the purpose of the excavation in these areas: Installation of culverts. Temporary rock check dams will be installed for sedimentation control. g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ®Yes ❑No If yes, (ii) Avg. length of area to be filled: N/A (iii) Avg. width of area to be filled: N/A (iv) Purpose of fill: Spoil will be disposed of off -site. a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? []Yes ®No detour structures? ❑Yes ONO If yes, explain: If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the^�� RECEIVED approval or certification. ! �/ < Form a tinue �P ..mC� JAN 0 2 2013 DCM WILMINGTON, NC 252-803.2808 :: i-888-4RCDAST net revised: M26106 Form DCM MP-5 (Bridges and Culverts, Page 4 of 4) c. Will the proposed project require any work channels? ❑Yes ©No If yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Excavator and backhoe. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? []Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. ]anualh Z, ZO MIR 15111 0161 Project Name d. How will excavated or fill material be kept on site and erosion controlled? An erosion control plan has been submitted to NCDENR. The plan includes the use of silt fence, check dams and ground stabilization to control erosion. I. Will wetlands be crossed in transporting equipment to project site? ©Yes []No If yes, explain steps that will be taken to avoid or minimize environmental impacts. Silt fence and ground stabilization will be used to limit disturbance to wetlands adjacent to disturbed areas. GRpj-� FIeAk?U&AL UTILITY AVrtior2fIV O 1jiYY gl-yex 7 Applicant Name Applic t Signature RECEIVED JAN 0 2 2013 DCM WILMINGTON, NC 252-808.2808 :: 1-888-4RCOAST :r www.ncco4stalnurnctgement.nrtt revised: 10126/06 .J DCM Coordinator:— Permit #: 38-13 MAILING DISTRIBUTION SKEET Permitee• L' f Ok DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington SS W' min to � US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: ave Tim _ _ Cultural Resources: Renee Gledhill -Early environmental.rev' cr.gov) Public Water Supply: ' elf lz o Joey e((W�ARO) Marine Fisheries: �White nne C� �anne Hard t� NC DOT: en P Shellfish Sanitation: /Patti Fowler State Property: im Walton Water Quality: Washington: Anthony Scarborough Wilmington: Joanne Stee 's — 401 C obum - 401 v Lm a ewi s 8 t o rmwater Wildlife Resources: M is=(WARO) LPO: Fax Distribution: Permitee Agent #:_ *Oa MCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Cape Fear Public Utility Authority 235 Government Center Drive Wilmington, N.C. 28403 Dear Sir or Madam: Braxton C. Davis Director March 20, 2013 John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 1137229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified parry submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, u4s �6rl2,�v Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Acton Employer W RECEIVED DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT JAN 16 2013 1. APPLICANT'S NAME: Cape Fear Public Utility Authority (CFPUA) c/o Frank Styers DCM-mm CITY 2. LOCATION OF PROJECT SITE: Multiple properties located off Masonboro Sound Road, which include the Seabreeze, Oyster Bay and Windchase Subdivisions, adjacent to Masonboro Sound and Whiskey Creek, in Wilmington, New Hanover County. Photo Index - 2006: 21-7385-7386: M-W, 1-8 & Q-X, 3-24 2000: 21-265-266: Q-W, 1-8 & Q-X, 1-24 1995: 21-248: P-Z, 1-12 State Plane Coordinates - X: 2346736 Y: 152117 LAT:34°09'44.81783"N LONG:77°51'14.01244"W 3. INVESTIGATION TYPE: CAMA/D&F ROVER FILE # - 0-082210A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/22/2012 Was Applicant Present — Yes (agents) 5. PROCESSING PROCEDURE: Application Received — 01/02/2013 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington/New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: ES, ORW (C) Water Dependent: No (D) Intended Use: Public (E) Wastewater Treatment: Existing — Private septic and sanitary sewer systems Planned — Municipal sewer system (F) Type of Structures: Existing — Individual single-family residences and subdivisions Planned — New water mains, sewer mains, sewer force main and associated man- holes and pump station (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA[ DREDGED FILLED 01H R (A) Vegetated Wetlands (RPW stream and §404 10,454 sq. ft. 150 sq. ft. Wetlands) (temporary) (RPW) (B) Non -Vegetated Wetlands (Open water (C) Other (Highground) 1,118 sq. ft. 685,238 sq. ft. 11 (D) Total Area Disturbed:—696,960sq. ft. (-16 acres) (E) Primary Nursery Area: Yes (adjacent) (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The Cape Fear Public Utility Authority proposes to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. RECEIVED PUA- Masouboro Sound Road Water and Sewer Extension age JAN ] g 2rll 9. PROJECT DESCRIPTION: DCM-MHD CITY The project area is an approximately 16 acres site and would serve multiple properties along Masonboro Sound Road, which include established subdivision such as Pinemarsh, Oyster Bay, Seabreeze and the Cabbage Inlet area. The project area is located adjacent to Masonboro Sound/AIWW to the east and Whiskey Creek located towards the southern portion of the project site. To locate the project site from Oleander Drive (NC Highwayl7), turn left onto Greenville Loop Road and travel west approximately 3.0 miles. Turn left onto Pine Grove Road and travel south approximately 1.2 miles until you reach Masonboro Sound Road, which will be on your left. Turn left onto Masonboro Sound Road and travel approximately 1.0 mile east until the road bends to the south. Continue to travel south approximately 0.2 miles until you reach Orchard Trace, which will be located on the right. This location would be the most northern extent of the project limits. The application states that this area of Masonboro Sound Road is within the City of Wilmington's 1998 Annexation Area as required by general statute. The project area along Masonboro Sound Road is bound on the west by existing residential properties and on the east by additional existing residential properties and the Atlantic Intracoastal Waterway (AIWW). The project site is located between Hewlett's Creek to the north and Whiskey Creek to the south, in Wilmington, New Hanover County. The existing land use in the area is predominately single-family residential, with the majority of the existing residences located in established subdivisions or developed properties. The application states that 50% of the properties are currently developed. The majority of the existing residential structures utilize private septic systems to treat waste water; however, there are properties located along Dalkeith Road towards the northern portion of the project area, which have an existing sewer line and an associated manhole located at the terminal end of the road adjacent to Masonboro Sound. The application also states that the Windchase Subdivision located at the southern portion of the project area has an existing sanitary sewer system, which consists of 6' PVC with associated bends and cleanouts. Included within the proposed project corridor are several areas of jurisdictional §404 Wetlands and streams. The wetlands within the project area have been delineated and approved by the US Army Corps of Engineers (USACE). The two largest tidal areas are located near the Robert Parsley property and the Pinemarsh Subdivision toward the northern end of the project area and the Cabbage Inlet area, which includes the Windchase Subdivision located on the southern end of the project area. The application states that there is a jurisdictional stream/ditch classified as a Relatively Permanent Waters (RPW) located between the Seabreeze and Oyster Bay Subdivisions at Benton Avenue, which appears to drains east towards Masonboro Sound/AIW W. There is also an existing 48" culvert under the existing 30' access easement driveway to the Pinemarsh Subdivision, which conveys flow to and from a jurisdictional RPW towards the Masonboro Sound/AIWW to the east, respectively (See Sheet 1-IA). The application states that the NH 0780 Masonboro Sound Historic District 1992 would not be disturbed by the proposed project. The application states there are four (4) structures within the project area that are listed on the Register of Historic Place. The average elevation within the project site ranges from approximately P to 20' above normal high water (NHW). Upland vegetation consists of ornamental landscaping, lawn grasses, hardwoods and other woody species including: Oak, Pine, Cedar and Dogwood. Coastal wetlands vegetation includes: Black Needle Rush (Juncus roemerianus), Salt Reed Grass (Spartina c)nosuroides), Salt Meadow Grass (Spartina patens), Spike Grass (Distichlis spicata), and Smooth Cordgrass (Spartina alterni,Jlora). Above tidal influence, the vegetation transitions to §404 type wetlands, including Black Gum (Nyssa sylvatica), Pond Pine (Pinus serotina), and Red Maple (Acer rubrum), with Narrow -leaved Cat -tail (7�pha angustifolia), Bull Rush (Scirpus, spp.), and other freshwater wetland species. Located on the southern portion of the project site off of Seabreeze Blvd. are existing freshwater ponds, which are just landward of the highmarsh boundary, which exhibits §404 type wetlands, including Black Willow (Salix nigra) and Cat -tail (Typha spp.). The delineated Coastal Wetlands boundaries within the project area were verified by the NC Division of Coastal Management (DCM) on 8/22/2012. dowa RECEIVED CFPUA - Masonboro Sound Road Water and Sewer Extension ` 3 Page 3 The Wilmington/New Hanover County 2006 Land Use Plan Update classifies adjacent wateia(ps Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Masonboro Sound are classified SA -Outstanding Resource Waters (SA-ORW) by the Division of Water Quality. They ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish in the Masonboro Sound Area. PROPOSED PROJECT: The Cape Fear Public Utility Authority (CFPUA) proposes to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. As stated, the application states that the project area is within the City of Wilmington's 1998 Annexation -Area as required by general statute, which currently uses individual septic tank systems with subsurface disposal of wastewater. The acting agent along with the CFPUA requested a scoping meeting which was held at the Wilmington Regional Office (WiRO) on June 25, 2012 to discuss the proposed project with the interested review agencies, which included: NCDCM, NCDWQ, NCDLR, NCWRC, NCDMF and representatives with the USACE. The application also states that public meetings were held for the landowners within and adjacent to the project area to attend and have the opportunity to provide comments and input for the project. The application also includes the names and addresses of the properties with established easements already obtained along with the ones which the CFPUA are currently in the process of obtaining easements for the proposed extension. The project would consist of the construction of approximately 2,600 linear feet (LF) of 6" water main, approximately 1,170 LF of 2" water main, approximately 1,800 LF of 10" sewer main, approximately 10,990 LF of 8" sewer main, approximately 1,500 LF of 4" sewer force main and one (1) sewer pump station. The majority of the new system would be installed within highground, under existing pavement or adjacent road shoulders, within the right-of-ways of existing State roads and/or streets. Of the projects approximately 18,060 LF of pipe, only approximately 500 LF would be installed within jurisdictional §404 wetlands. In areas outside of road right-of-ways, clearing and construction would be limited to an approximately 30' in width corridor, centered on the pipe installation. Typical trench dimensions would be approximately 6' in width and approximately 6-8' in depth. The applicant proposes to use mechanical excavating equipment to trench, place bedding stone, bed pipe, and backfill to original grade. All excavated material would be temporarily contained by adequate sedimentation and erosion control plan and strictly followed during and after the construction until all sites have stabilized. In jurisdictional §404 wetlands areas, the applicant states that all excavated material would be placed on adjacent upland areas to avoid double handling or stockpiling in wetlands and would be returned to the original grade and replanted with proper vegetation in accordance with erosion control plan. The project includes approximately 0.026 acres of high ground area designated for the proposed pumping station in the location between the Seabreeze and Oyster Bay Subdivisions, which would be located towards the terminal end of Seabreeze Blvd. along Benton Ave. The station would include an access gravel driveway, measuring approximately 12' in width, which would require the installation of dual 30' in length by 24" in width Class II reinforced concrete pipe (RCP) with flared end sections within the existing RPW, aforementioned. The proposed pumping station has been designed with top elevations of approximately 2' higher than the 100-year flood elevation and would include fencing approximately 6' in height. The proposed pumping station would also include a valve box, wet well, electrical panel, and emergency generator. Upon completion of installation, all disturbed areas would be re -vegetated per the approved erosion control plan. As stated, the proposed gravity sewer would be constructed by open cut excavation in a linear route from the proposed pump station towards the west to serve the Seabreeze, Oyster Bay and Cabbage Inlet Subdivisions, along with the properties located across Masonboro Sound Road, which are located along Shorewood Hills Dr. The new system would also extend towards the north, which would connect to an existing manhole associated with the existing system for the properties along Dalkeith Road, aforementioned. The proposed sewer route would continue to the properties within the Pinemarsh Subdivision located across Maxwell Place Lane located on the western side of Masonboro Sound Road. The proposed water main installation in this location of the Pinemarsh Subdivision would be directional drilled under the existing RPW under the existing 30' access easement driveway to existing residences. The proposed sewer line would continue towards the north along Masonboro Sound Road to an existing manhole located between Finian Dr, and Orchard CFPUA - Masonboro Sound Road Water and Sewer Extension Page 4 The application states that the route of the new sewer had been designed to provide slope from the existing gravity sewer to limit the number of proposed pump stations to one. The application also states that the method treatment and disposal of the sewage would take place at the existing McKean-Maffit Waste Water Treatment Plant (Southside), which is owned and operated by the CFPUA. The NC Division of Water Quality has issued a State Non -discharge Sewer Extension Permit (WQ0020773) and Stormwater Permit (W8020101). The NC Public Water Supply has issued a Water Distribution Permit (01-0219) to the CFPUA for the project (See Sheetsl-1 through 1-4, Al through A15, Bl through B2, Cl through C4, DTI through DT12 and El through E5). 10. ANTICIPATED IMPACTS The construction of the proposed pump station would result in a total land disturbance of approximately 1,118 sq. ft. (0.026 acres) of highground, which would result in total impervious area of 0.4% within the 575' SA-ORW Estuarine Shoreline AEC. The proposed installation of the proposed culverts associated with the gravel access drive to the pump station would impact approximately 150 sq. ft. of jurisdictional §404 Wetlands to allow water to flow within the existing road side ditch/RPW. The proposed installation of the new sewer lines would result in the excavation and temporary disturbance of approximately 10,454 sq. ft. (0.24 acres) of jurisdictional §404 Wetlands. All areas will be returned to the original grade and replanted with proper vegetation in accordance with the sedimentation and erosion control plan. Total upland disturbance for the proposed sewer and water line extension would be approximately 16 acres. If construction is timed to avoid periods of peak biological activity and conducted in strict accordance with the approved sedimentation and erosion control plan, long term impacts should be minimal. The application states that the NH 0780 Masonboro Sound Historic District 1992 would not be disturbed by the proposed project. The application states there are four (4) structures within the project area that are listed on the Register of Historic Place and the proposed utility construction would be located greater than 50' from the existing structures. RECEIVED JAN 16 2013 DCM-MHD CITY Submitted by: Robb L. Mairs Date: 01/11/2013 Office: Wilmington RECEIVED CAPE FEAR PUBLIC UTILITY AUTHORITY 4 ; J 6 i�13 MASONBORO SOUND ROAD WATER AND SEWER EXTENSIONS PROJECT NARRATIVE DCM-MAD CITY PURPOSE AND NEED The Cape Fear Public Utility Authority (CFPUA) is extending its water distribution system and sanitary sewer collection system to serve citizens within the City of Wilmington's 1998 Annexation Area located off Masonboro Sound Road. The project will provide water service, fire protection, and sanitary sewer service to the citizens in the annexation area. The extensions to the water distribution system and sewer collection system will be owned, operated and maintained by the CFPUA. The scope of this project is the construction of water and sewer utilities. EXISTING CONDITIONS: Homes in the project area are currently using private water wells with some community water and septic tank and drain fields for wastewater disposal. The Cabbage Inlet development has a community drain field. The project area properties are currently zoned as residential inside the Wilmington City limits. About 50% of the existing properties are currently developed. The project area is bordered by Whiskey Creek (SA;HQW) to the South, Intracoastal Waterway (SA;HQW) to the East, and Hewletts Creek (SA;HQW) to the North. The soils in the area consist of Leon Sands, Lakeland Sands, Lynn Haven fine sands, and Murville fine sands. The seasonal high water table ranges from 0 to 1.5 feet for all of the soil types except the Lakeland sand areas which has a seasonal high water table greater than 6 feet deep (per New Hanover County Soil Survey). PROJECT DESCRIPTION: The project includes the construction of approximately 2,600 linear feet of 6-inch water main, 1,170 linear feet of 2-inch water main, 1,800 linear feet of 10-inch sewer main, 10,990 linear feet of 8-inch sewer main, 1,500 linear feet of 4-inch sewer force main and one sewer pump station. The project includes lateral sewer services for residential homes five hydrants, valves and other appurtenances necessary for proper expansion of the utilities. New impervious surfaces will be created at the proposed pump station located at the end of Seabreeze Blvd. A 12-foot wide gravel drive is proposed along with the gravel surface at the pump station site. Existing swales and sheet -flow runoff will be the treatment method used for the surface water runoff. The projected impacts to the freshwater wetlands (delineated by Kim Williams with Land Management Group) in the project area are less than 0.3 acres. Temporary impacts will occur during excavation in wetland areas for construction of the gravity sewer. These areas will be restored by backfilling with in situ soils to original grade. np 1 9 9k ?i December 2012 Page 1 DCM VVILIWNii ",C. q ._ Y e . I Gravity sewer will be constructed by open cut excavation in a linear route from the pump station to the east to the existing gravity sewer on Dalkeith Road and to serve properties along and on the private drive across from Maxwell Place. The system will extend to the west from the pump station to serve the Oyster Bay and Cabbage Inlet areas. The route of the sewer has been designed to provide slope from the existing gravity sewer to the pump station and limit the number of pump stations to one. The route will have minor temporary impacts to wetlands (0.2 acres). The Sedimentation and Erosion Control Plan will be strictly followed during and after construction until all sites have been returned to a stable condition. Drop inlet protection and temporary silt fences will be utilized to confine any sediment to the construction sites. Upon completion of the project, each of the sites will handle storm water in the same manner it did prior to construction. On Benton Avenue the gravity sewer and forcemain will cross a relatively permanent water (RPW) by open cut excavation. The construction will be for the access road which will include two 24-inch culverts in the RPW. A private road water main installation will involve directional drill under a RPW with no impact. Clearing, grubbing and grading activities will be limited to those areas necessary for proper installation of the proposed utilities. Denuded areas will be revegetated on a stabilize -as - you -go basis to the extent practicable. The maximum potentially disturbed area for this water and sewer system improvement project is 16 acres. That total area includes actual disturbance area due to excavation as well as potential disturbance area attributable to material storage, equipment staging, temporary stockpiling, etc. The NH 0780 Masonboro Sound Historic District 1992 will not be disturbed by this project. There are four structures within the project area that are listed on the Register of Historic Places. The project will have no impact on the structures, as the utility construction is located more than 50 feet from the structures. This project currently has received the following permits: 1. Stormwater Management — W8020101 2. NCDWQ Fast Track Permit for Pump Stations, Gravity Sewers, and Force Mains . — WQ0020773 3. NCPWS Water Distribution Permit — 01-0219 Following completion of the project the private septic tanks will be decommissioned by the homeowners. �@ RECEIVED DEC 19 2012 JAN 16 /c13 DCM DCM-MUD CITY December 2012 Page 2 Masonboro Sound Rd Area Annexation Properties with Easement Already Obtained No Street Sfx city �[ • 5649 DALKEITH RD WILMINGTON JOHNSON ROBERT W CHRISTIANA L 5601 DALKEITH RD WILMINGTON ABERLE THOMAS M EMILY A 5633 DALKEITH RD WILMINGTON MERTESDORF ROBIN F REVOCABLE TRUST 7627 MASONBORO SOUND RD WILMINGTON PINE MARSH PROP OWNERS ASSOC 7807 MASONBORO SOUND RD WILMINGTON KOLLING KENNETH P MARYA 7859 MASONBORO SOUND RD WILMINGTON TIBBETTS ROBERT B COLLEEN E 7815 MASONBORO SOUND RD WILMINGTON ARCADIAPROPERTIES LLC 218 WINDCHASE LN WILMINGTON POINT STUART W CRISTINE C 212 WINDCHASE LN WILMINGTON STANLEYJOHN H PATRICIAG 311 CABBAGE INLET LN WILMINGTON KOTZ KENNETH W NANCY BETH 200 WINDCHASE LN WILMINGTON HILL JAMES S ALICE V 312 WINDCHASE LN WILMINGTON POINTCRISTINE C REVTRUST 303 CABBAGE INLET LN WILMINGTON MORRIS RUSSELL M DIANE SUE 300 CABBAGE INLET LN WILMINGTON OPPER FREDERICK H SHERI 302 CABBAGE INLET LN WILMINGTON HATTON BRYAN HEATHER 307 CABBAGE INLET LN WILMINGTON VARNER CONRAD W DIANNE W 234 CABBAGE INLET LN WILMINGTON BADGER SYLVIA K 314 CABBAGE INLET LN WILMINGTON POINT CLAN 1 LLC 318 CABBAGE INLET LN WILMINGTON WILTON WENDELL B KATHERINE C 325 SEABREEZE BLV WILMINGTON HILL ROBERT O JR NINA M 340 CABBAGE INLET LN WILMINGTON POINT CLAN 2 LLC 216 OYSTER BAY LN WILMINGTON KJM MANAGEMENT LLC 224 OYSTER BAY LN WILMINGTON LEE MITCHELL D QUAL PERS RESTR ETAL 8006 MASONBORO SOUND RD WILMINGTON FALES CLARA H HRS 5625 DALKEITH RD WILMINGTON SOUTHERLAND JOYCE F 7823 MASONBORO SOUND RD WILMINGTON MCALLISTER NANCY LIFE EST 206 WINDCHASE LN WILMINGTON OBRIEN SUSAN L P F 215 WINDCHASE LN WILMINGTON PSP ENTERPRISES LLC 7919 MASONBORO SOUND RD WILMINGTON HILL ROBERT O JR NINA M 7801 MASONBORO SOUND RD WILMINGTON BROWN PHILIP MICHAELJR CHRISTY M Remaining Easements 7705 MASONBORO SOUND RD WILMINGTON WHITTED JOSEPH W JR REV TRUST ETAL 7903 MASONBORO SOUND RD WILMINGTON LABELLE RUSSELL J 7727 MASONBORO SOUND RD WILMINGTON WILLARD FAMILY FARM LLC 7731 MASONBORO SOUND RD WILMINGTON WILLARD FAMILY FARM LLC 327 SEABREEZE BLV WILMINGTON SCULLY KEVIN S MADELINE M 338 SEABREEZE BLV WILMINGTON HARKIN SANDRA S 338 SEABREEZE BLV WILMINGTON HARKIN SANDRA S 7915 MASONBORO SOUND RD WILMINGTON LEONARD JOHN L III ELIZABETH E 7851 MASONBORO SOUND RD WILMINGTON JEWELL E SMITH EMMA P 7739 MASONBORO SOUND RD WILMfN&b(AD HIGGINS GLENDY WILLARD, 7719 MASONBORO SOUND RD WILMINGTON WILLARD FAMILY FARM LLC f` e N13 DCM-MHD CITY + DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: CFPUA c% Frank Styers COUNTY: New Hanover PROJECT NAME: Masonboro Sound Road Water and Sewer Extensions LOCATION OF PROJECT: multiple properties located off Masonboro Sound Rd., which includmtFl( reeze, Oyster Bay & Windchase subdivisions, adjacent to Masonboro Sound & Whiskey Creek, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-2-13 �A N 16 2013 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: n/a DCM-MHD CITY CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Mairs DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 1-17-13 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED O C) 75 DAY DEADLINE: l MAIL OUT DATE:1-14-13 FEDERAL DUE DATE: DISTRICT OFFICE: WILMINGTON FEE RECD: $400.00 END OF NOTICE DATE: 2-7-13 DEED DYES ON: 150 DAY DEADLINE STATE DUE DATE: 2-7-13 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative I- ! 6 -1 3 ✓ Coastal Management - LUP Consistency to- 13 Division of Community Assistance ✓ Land Quality Section-13 5 a Division of Water Quality Z %$- (3 Storm Water Management(DWQ) 2.%1.-%3 / ✓ son State Property Office Division of Archives & History Division of Environmental Health S- 13 Division of Highways Wildlife Resources Commission -I - 13 Local Permit Office 1- 30 -13 Division of Marine Fisheries 1- 31-1 Corps of Engineers `a PwS 1-t-13 ." Project Name C-F P Assigned to dwei Assigned on F �� �3 _ Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other Written approval from DW OIS/ s not required for this project. .lAN 14 261� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 7, 2013 MEMORANDUM: TO: Chad Coburn FEB 1 ZO1� 401 Wetlands Division of Water Quality - WiRO FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Cape Fear Public Utility Authority (CFPUA) c/o Frank Styers Project Location: Mutiple properties off Masonboro Sound Rd., including Seabreeze, Oyster Bay and Windchase Subdivisions, adjacent to Masonboro Sound & Whiskey Creek, in Wilm., New Hanover County. Proposed Project: to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 7, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: t./This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED - DATE _ 02-ia-O 127 Cardinal Drive Ext., Wilmington, NO 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanacement.net An Equal Oppatunity 1 AAinnative Action Empoyer �`;A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary February 12, 2013 DWQ Project # 13-0044 New Hanover County Cape Fear Public Utility Authority REMVED Mr. Frank Styers 235 Government Center Drive FEB 18 Z013 Wilmington NC 28403 Subject Property: Masonboro Sound Road Water & Sewer Extensions D 7 cT! Ctv NO WRITTEN CONCURRENCE NEEDED Dear Mr. Styers, You have our approval, in accordance with the attached conditions and those listed below, to extend and existing water distribution system and a sanitary sewer collection system as described within your application received by DWQ on January 16, 2013. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Numbers 3884 (GC3884) are met. These certifications may also be viewed on our website athtti)://Portal.nedenr.org/web/w(i/swp/ws/401/certsandpermits. This Certification allows you to use the Nationwide 12 Permit when issued by the US Army Corps of Engineers. This approval is only valid for the purpose and design that is 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) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 211.0506 (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 below. Conditions of Certification: 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. Wetlands, Buffers, Stormwater—Compliance and Permitting (Webscape) Unit t�TOne 1650 Mall Service Center, Raleigh, North Carolina 27699-1650 No Carolina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 litlfCQ��lf Phone: 919.807-63001 FAX: 91 M07-64941 Customer Service: 1-877-623-6748 [ !s Internet: wmmwaterquarty.org 2 CFPUA — Masonboro Sound Extension New Hanover County 2013-0044 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. 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 or CAMA Permit. 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 Karen Higgins at (919) 807-6300 or myself at our Wilmington Regional Office at (910) 796-7215. Sincerely, a,, dl /t9�u Chad Coburn Senior Environmental Specialist APO Enclosures: GC 3884 Certificate of Completion cc: Thomas Hubbard — WK Dickson & Co., Inc., 909 Market Street, Wilmington, NC 28401 Dave Timpy — USACE Wilmington Field Office Doug Huggett — DCM Morehead City Robb Mairs — DCM Wilmington Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO Certification of Completion DWQ Project No.: County: Applicant: Project Name: Date of Issuance of Wetland Permit: Certificate of Completion FFB 18 2013 Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If'this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. �` } Signature: Registration No. Date Water Quality Certification No. 3884 Water Quality Certification Number 3884 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 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12 and 47) of the Corps of Engineers regulations including any fill activity for utility line backfill and bedding, and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 028 .0200. 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. Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division" ►: a) Permanent impacts to any wetlands and/or waters, including streams; or b) Any stream relocation; or c) Impacts to any wetlands and/or waters if the maintenance corridor in a wetland or at a stream crossing is greater than 15 feet wide (except activities located in areas with Riparian Area Protection Rules when the maintenance corridor at stream crossing must be 10 feet wide or less). Gas pipelines may have a maintenance corridor wider than fifteen feet if mitigation is provided for these additional wetland fills. d) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200), or e) Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless the activities are listed as "EXEMPT' from these rules or a Buffer Authorization Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division is required. Water Quality Certification No. 3884 Water Quality Certification No. 3884 Conditions of Certification: 1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification 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, as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 2. Standard Erosion and 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 and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site. a. 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. b. 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. c. Reclamation measures and implementation must comply with the reclamation in accordance with the_requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 048 .0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project. Water Quality Certification No. 3884 2 Water Quality Certification No. 3884 4. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion R sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at httR://Dortal.nodenr.or.q/web/wq/ws/su/npdessw#tab The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 6. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. 7. Riparian Area Protection (Buffer) Rule Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and .0605, and 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. All buffer rule requirements, including diffuse flow requirements, must be met. Water Quality Certification No. 3884 Water Quality Certification No. 3884 8. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of ecual to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation" or "Prohibited" within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. 9. Relocated stream designs should include the same dimensions, patterns, and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30-foot wide wooded and an adjacent 20-foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating appropriate erosion control matting materials and seedling establishment is allowable, however matting that incorporates plastic mesh and/or plastic twine shall not be used In wetlands, riparian buffers or floodplains as recommended by the North Carolina Sediment and Erosion Control Manual. Rip -rap, A -Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream; however, the applicant must provide written justification and any calculations used to determine the extent of rip -rap coverage. Please note that if the stream relocation is conducted as a stream restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003 Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used as compensatory mitigation for the impacts resulting from the relocation. 10. For sewer lines, when the construction corridor is parallel to a stream, then the edge of the . construction corridor shall not be closer than 10 feet from top of bank. For streams classified as WS (except WS-IV or WS-V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands, the edge of the construction corridor shall not be closer than 50 feet to a stream; or 100 feet to private or public water supply sources or waters classified as WS-1 waters or Class I or Class II impounded reservoirs used as a source of drinking water in accordance with 15A NCAC 02T .0305(f). Utility lines within the Riparian Buffers shall be installed in accordance with the Table of uses in the most recent verision of the appropriate buffer rules. Utility lines shall not cross a stream channel at other than a near -perpendicular direction (i.e.. stream channel crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank). 11. Any wastewater line that crosses any stream shall be installed in accordance with the most recent version of the Gravity Sewer minimum Design Criteria or the most recent version of Water Quality Certification No. 3884 a V_c' , 1 V , Water Quality Certification No. 3884 I i�il13 the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Main published on the Division of Water Quality's website. Exceptions to this condition require application submittal to, and written approval by, the Division. 12. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/ fish kills. 13, Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the the area directly impacted by approved construction activity. All rip -rap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area 14. Annual native species suitable for wet locations shall be planted and established within jurisdictional wetlands for soil and erosion control. Non-native perennials such as fescue are prohibited. 15. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. 16. The construction corridor (including access roads, sediment and erosion control measures and stockpiling of materials) is limited to 40 feet (12.2 meters) in width in wetlands and across stream channels and must be minimized to the maximum extent practicable. 17. Permanent, maintained access corridors shall be restricted to the minimum width practicable and shall not exceed 15 feet in width except at manhole locations. A 15-toot by 15-foot perpendicular vehicle turnaround must be spaced at least 500 feet (152.4 meters) apart. 18, 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 infiltration 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 19. The applicant shall have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be Water Quality Certification No. 3884 Water Quality Certification No. 3884 piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Along utility corridors within wetlands, grub stumps only as needed to install the utility and cut remaining stumps off at grade level. The general stripping of topsoil within wetlands along the utility corridor is not permitted. 20. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 21. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 22. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 23. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 24, When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 25. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. 26. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General 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 if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Water Quality Certification No. 3884 Water Quality Certification No. 3884 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: March 19, 2012 DIVISION OF WATER QUALITY M Charles Wakild, P.E. Director History Note: Water Quality Certification (WQC) Number 3884 issued March 19, 2012 replaces WQC Number 3819 issued March 19, 2010; WQC Number 3699 issued November 1, 2007, WQC Number 3625 issued March 19, 2007; WQC Number 3374 issued March 18, 2002, WQC Number 3288 issued June 1, 2000; WQC Number 3101 issued February 11, 1997, WQC Number 3022 issued September 6, 1995, WQC Number 2664 issued January 21, 1992. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality. F is 1 8 1.)i i3 Water Quality Certification No. 3884 Water Quality Certification No. 3884 ANTI -SEEP COLLAR r 18 I Inches I Utility Line I I (Diameter Varies) I 1 food Class B Concrete — or Compacted Clay t_ I 6 inches r=hj1dt0h inches Not to exceed 40 feet SECTION W'971 IIlI �IfrPees ..6 inches Water Quality Certification No. 3884 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 7, 2013 MEMORANDUM: R cErvsa TO: Shannon Jenkins INC DEH B 0 5 2013 Shellfish Sanitation Section "-Sf3D CITY FROM: Doug Huggett, INC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Cape Fear Public Utility Authority (CFPUA) c/o Frank Styers Project Location: Mutiple properties off Masonboro Sound Rd., including Seabreeze, Oyster Bay and Windchase Subdivisions, adjacent to Masonboro Sound & Whiskey Creek, in Wilm., New Hanover County. Proposed Project: to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggett at the address above by February 7, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached SIGNE DATE _� f—aw U-1 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215\ FAX: 910-395-3964Internet: www.nccoastalmana.gement.net An EWW Opportunity \ AMirmafive Acbm Employer Pat McCrory Governor January 7, 2013 MEMORANDUM TO: SUBJECT: Applicant: wr NCDENR North Carolina Department of Environment and Division of Coastal Management Braxton C. Davis Director Debra Benoy Public Water Supply District Manager Natural Resources John E. Skvarla, III Secretary RECEIVED ]AN 14 ?�'1 Doug Huggett, INC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Major Permit Application Review Cape Fear Public Utility Authority (CFPUA) c/o Frank Styers Project Location: Mutiple properties off Masonboro Sound Rd., including Seabreeze, Oyster Bay and Windchase Subdivisions, adjacent to Masonboro Sound & Whiskey Creek, in Wilm., New Hanover County. Proposed Project: to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggtett at the address above by February 7, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: Vl This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE �l o D RECEIVED 127 Cardinal Drive Ext„ Wilmington, NC 28405 FEB 0 5 2013 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Oploodunily \ All rmaiive Action Employer DCWMHD CITY J d� NCDENR �_ r3.or.r4.o2 North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary JanuaryR, 2013 ���2131415167jf } Bi MEMORANDUM: ai ,AN2013 TO: � fV LO N Maria Dunn ti For WIRO n �4 NC Wildlife Resources Commission `�7lFOF628Z�2 FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Cape Fear Public Utility Authority (CFPUA) c/o Frank Styers Project Location: Mutiple properties off Masonboro Sound Rd., including Seabreeze, Oyster Bay and Windchase Subdivisions, adjacent to Masonboro Sound & Whiskey Creek, in Wilm., New Hanover County. Proposed Project: to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggtett at the address above by February 7, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED m .� i�,�� DATE RECLiVED FEB 01 2013 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmananement.net An EWW Opportunity 1 Afnnalive Achon Empoyer DCM-MHD CITY J North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 7, 2013 MEMORANDUM: TO: FROM: SUBJECT. Applicant: RECEIVED JAN 14 2013 Dan Sams Division of Land Resources Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Major Permit Application Review Cape Fear Public Utility Authority (CFPUA) c/o Frank Styers Project Location: Multiple properties off Masonboro Sound Rd., including Seabreeze, Oyster Bay and Windchase Subdivisions, adjacent to Masonboro Sound & Whiskey Creek, in Wilm., New Hanover County. Proposed Project: to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 7, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are r I incorporated. See`, attached. �p L..YCS�<.•- vA Sc.���•�•—� Ga.-�ot pt� �ff�cr fio-- to 41�/oycI r. ACcCs}✓,i fu, 15 �-'YL,( This agency objects to the project for reasons described in the attached comments. SIGNED DATE JIAA� 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer Pat McCrory Governor January 7, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: ��A NCD NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary John Fullerton City of Wilmington RECEIVED JAN 3 0 2013 DCM-MHD CFFY Doug Huggett, INC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Major Permit Application Review Cape Fear Public Utility Authority (CFPUA) c/o Frank Styers Project Location: Mutiple properties off Masonboro Sound Rd., including Seabreeze, Oyster Bay and Windchase Subdivisions, adjacent to Masonboro Sound & Whiskey Creek, in Wilm., New Hanover County. Proposed Project: to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Howe tt at the address above by February 7, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached rornments. SIGNED DATE7S 1 ?i mp staG -ws to be. OM-,O. 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal opponnity \ Affirmative Actim Employer LVX*A 7,4417, uu �t,8j JAN 17 2013 NCDENR F HA9ITAT PROTEI North Carolina Department of Environment and Natural Resou Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary {,f January, 2013 -MAILED @ � MEMORANDUM: r--4'" 1f3113 [E3 2013 ' ..,_. TO: si Baker DivDMF-HABITATPRVEGN Division of Marine Fisheries FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Cape -Fear Public Utility Authority (CFPUA)' c/o Frank Styers Project Location: Mutiple properties off Masonboro Sound Rd., including Seabreeze, Oyster Bay and Windchase Subdivisions, adjacent to Masonboro Sound & Whiskey Creek, in Wilm., New Hanover County. Proposed Project: to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Hu4pett at the address above by February 7, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED , l,. a&P,u DATE �l Z8I j3 fLe_l r/ag� l3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaoement.net An Equal OppoduriVy Alfim We Acbm EffOoyer Pat McCrory Governor January 7, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location Q�� NCDENR North Carolina Department of Environment and Division of Coastal Management Braxton C. Davis Natural Resources John E. Skvarla, III Secretary Q JAN 14 2013 �U� AI - BY. Zp ' Linda Lewis 0 Stormwater Section Division of Water Quality -WiRO �� � A Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Major Permit Application Review Cape Fear Public Utility Authority (CFPUA) c/o Frank Styers Mutiple properties off Masonboro Sound Rd., including Seabreeze, Oyster Bay and Windchase Subdivisions, adjacent to Masonboro Sound & Whiskey Creek, in Wilm., New Hanover County. Proposed Project: to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hugpett at the address above by February 7, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. 1� This agency approves of the project only if the recommended Changes are incorporated. See attached. (\/�( E� P/01 RAIL This agency objects to the project for reasons described in the attached ,D _c,,o//m``m``entss�. SIGNED �GLG�� 4; DATE Z'?- 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.n000astalmanagement.net An Equal Opportunity 1 Aflinative Action Empoyer RECENED Recommendations for State Permit — CFPUA- Masonboro Sound Road Water and Sewer Ejitegyipnl 6 ZU 13 It is the staffs recommendation that the proposed project is CONSISTENT with the Rules of WM4647 .0209 COASTAL SHORELINES (d). This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements regarding impacts to §404 wetlands and directional drilling under Section 10 waters. It is recommended that any permit issued include the following conditions: 1. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 2. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 3. A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. 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: 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 permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Howell, Jonathan From: Timpy, David L SAW [David.L.Timpy@usace.army.mil] Sent: Tuesday, February 05, 2013 10:20 AM To: Coburn, Chad; Huggett, Doug; Govoni, Daniel; Steenhuis, Joanne; Howell, Jonathan; Spencer, Thekla M SAW Cc: Mairs, Robb L Subject: Cape Fear Public Utility Authority (CFPUA), SAW-2010-01914, CAMA Major App, NWP12 Reference the application submitted by the Cape Fear Public Utility Authority (CFPUA) to discharge of fill material into approximately 0.24 acres (10,604 sq ft) square feet of jurisdictional wetland to extend an existing water distribution system and sanitary sewer system to serve the citizens that live off of Masonboro Sound Road as described in its permit application dated January 2, 2013 and permit drawings dated 11/15/2012 and received by this office on January 15, 2013. Based on the referenced application, this proposal meets the terms and conditions of NWP12 (Utility Line Activities) provided the applicant obtains the required CAMA permit and complies with the terms and -conditions of the CWA Section 401 Water Quality Certification for this general permit and obtains a CAMA permit for this activity. Thus, we have no objections to the project as proposed. The assigned Action ID for this project is SAW-2010- 01914. Dave Timpy Project Manager Regulatory Division US Army Corps of Engineers, Wilmington District 69 Darlington, Avenue Wilmington, North Carolina 28402-1890 Office: 910-251-4634 Cell: 910-617-3254 Fax: 910-251-4025 Email:david.L.Timpy@usace.army.mil Website: http://www.saw.usace.army..mil The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://pert.nwp.usace.army.mil/survey.html to complete the survey online. 1 MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Cape Fear Public Utilities - New Hanover County Date: February 10, 2013 This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant proposes to extend water distribution system and sanitary sewer collection system to serve citizens located off Masonboro Sound Road. Subdivisions include the Seabreeze, Oyster Bay and Windcbase Subdivisions, adjacent to Masonboro Sound and Whiskey Creek in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES and ORW. Waters at the project site are classified as SA-ORW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area (adjacent). I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update and offer the following comments. The general area of the project is classified as Resource Protection and Conservation. In general, New Hanover County allows development in Resource Protection and Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards, including those for marinas and community boating facilities. However, none of these policies appear to be applicable to this project. This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. File 34�13 OUR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary March 12, 2013 RECENED Mr. Frank Styers Cape Fear Public Utility Authority MAR 19 2013 235 Government Center Drive Wilmington, NC 28403 Subject: Request for State Stormwater Management Permit Application nCV-Mf1DCrrV Masonboro Sound Road Water & Sewer Stormwater Project No. SW8 020101 PLAN REVISION New Hanover County Dear Mr. Styers: On January 14, 2013, Wilmington Regional Office received a copy of the CAMA Major Permit application for the subJect project. The I forth Carolina Administrative Code requires any project that Is part of a larger common plan of development, or that proposes more than 10,000 square feet of new built -upon area, or that must receive Sedimentation and Erosion Control Plan approval, or that must receive a CAMA Major permit, to apply for and receive a Stormwater Management Permit from the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result In appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than April 12, 2013. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Supervisor of the Surface Water Protection Section. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-796-7301or email me at linda.lewis(@.ncdenr.gov. Sincerely,��ii __ �v�v Linda Lewis Environmental Engineer III GDS/ad: S:IWQSIStonnwateAPennits & Projects12002 Q20101 COC-SWG0312013 03 req_swapp 020101 cc: Thomas Hubard; WK Dickson & Co., Inc. New Hanover Countyy Building Inspections Division of Coastal Management Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910350-20041 DENR Assistance: 1-877-623-6748 Internet: viww.noxaterquality.org jV�e Carolina Natundy An Equal Opportunity 1 Aifirmadve Action Employer r4i AF WNW North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Govemor Director January 11, 2013 Frank Styers c/o Cape Fear Public Utility Authority 235 Government Center Drive Wilmington, North Carolina 28403 Dear Mr. Styers: John E. Skvada, III Secretary RECEIVED JAN 16 2013 DCM-MRD CITY The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the proposed development within easements and private properties located off Masonboro Sound Road, adjacent to Masonboro Sound and Whiskey Creek, Wilmington, in New Hanover County. It was received as complete on January 2, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is March 18, 2013. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from January 2, 2013, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sinc obb L. Mairs Field Representative cc: Doug Huggett, DCM Dave Timpy, USACE T. Carter Hubard, WK Dickson & Co., Agent 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal opportunity 1 Afinnatin Action Employer Tr RECEIVED JAN 16 2013 DCM-MHD CITY AMA PERMIT APPLIES FOR County. COMMENTS ACCEPTED THROUGH February7, 2013 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Robb Mairs, Field Representative 910-796-7215 RECEIVED JAN 16 2013 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DM-mncrrY DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following have applied for development permits in Areas of Environmental Concern as designated under the CAMA: On December 12, 2012, the North Carolina Coastal Federation proposed to construct artificial oyster patch reefs within the Lockwood Folly River, in Brunswick County and on January 2, %ve-r 2013 the Cape Fear Public Utility Authority proposed to extend water Aystems to the Masonboro Loopkad area of Wilmington, adjacent to Masonboro Sound & Whiskey Creek in New Hanover County. Copies of these entire applications may be examined or copied at the office of Holley Snider (BR Co.) and Robb Mairs (NH Co.), N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to February 7, 2013, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. �+►RECEIVED NCDENR 1 s zo�3 North Carolina Department of Environment and Natural Resul Division of Coastal Management Pat McCrory, Braxton C. Davis DC%JW0 EMkvada, III Governor Director Secretary January 15, 2013 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Combo Public Notice in New Hanover County: • NCCF / Brunswick Co. • CFPUA / New Hanover Co. Kyle/Heather: Please publish the attached Notice in the Thursday, January 17, 2013 issue: The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at Div. of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796- 7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support Technician Division of Coastal Management Enclosure cc: WiRO Doug Huggett 127 Cardinal Drive Ext., Wlmington, NC 28405 Phone: 910-796-72151 FAX: 910-395.3964Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer MAJOR PERMIT FEE SCHEDULE 3 � RECEIVED CFPUA / $400 / New Hanover Co. JAN 16 /i'113 DCM% DCMgw(?15vl` Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling -- and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands ,and/or open water areas: $475 60% $285 40% $190