HomeMy WebLinkAbout83-03 Amended 06/2003 r
Permit Class Permit Number
AMENDED 83-03
STATE OF NORTH CAROLINA
Department of Environment and Natural R o es
and Racum, R
Coastal Resources Commission �` 11
JUN,3 Q 2003 ikrmit
ffor
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 Eastern N.C.Natural Gas,PO Box 1551 - PEB 18,410 S.Wilmington St.,Raleigh,NC 27602-1551
Authorizing development in Pender/New Hanover County at Multiple waterbody crossings in 2 eastern
N.C. counties , as requested in the permittee's application dated 2/21/03, including
workplan drawings as contained in the March 2003 permit application document package.
This permit, issued on June 23, 2003 , 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit authorizes the Eastern N.C. Natural Gas Pipeline (Phase IVA)project, located in Pender and
New Hanover Counties, all as depicted in the March 2003 permit application document package. All
work must be carried out in accordance with the workplan drawings contained in the application
package unless specifically altered herein.
Easement Required
2) Prior to construction of waterbody crossings authorized under this permit, the permittee must apply for
and receive an Easement from the Department of Administration's State Property Office.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Donna D. Moffitt, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. ignature of Permittee
Eastern N.C. Natural Gas Permit#83-03
Page 2 of 3
ADDITIONAL CONDITIONS
Pipeline Construction
3) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters
outside of the alignment of the fill area indicated on the workplan drawing(s).
4) Any fill material will be clean and free of any pollutants except in trace quantities.
5) This permit authorizes only the use of horizontal directional boring construction methodologies at all
wetland areas where impacts will exceed one acre and at all perennial stream and river crossings that are
ga-eater than 20 feet wide or that are within any area designated as an Area of Environmental Concern
(AEC). Any alteration from the authorized horizontal directional boring method will require a
modification of this permit. Directional boring may also be utilized for non-AEC steam crossings less
than 20 feet wide or wetlands where wetland impacts do not exceed one acre.
6) For non-coastal wetland crossings which will impact less than one acre of any wetland habitat, or those
non-AEC stream crossings less than 20 feet wide, trenching of the pipeline is also authorized, so long as
the following mitigative measures are implemented:
a) Silt curtains and other best management practices must be aggressively implemented to
ensure that down stream sedimentation and turbidity does not represent a significant threat to
aquatic resources.
b) No in-water excavation or filling will be permitted between February 15 and June 30 of any
year without the prior approval of the Division of Coastal Management, in consultation with
the N.C. Wildlife Resources Commission.
c) All trenching and backfilling activities are carried out during periods of low or negligible
flow conditions.
7) Any spoils permanently removed from the project location must be disposed of in a highground disposal
area. The disposal areas must be stabilized in such a manner as to prevent spillover of solids into any
marsh or surrounding waters.
Sedimentation and Erosion Control
NOTE: An Er,)sion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
8) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
9) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials or drilling fluid do not enter adjacent wetlands, watercourses and property
(e.g. silt fence, diversion swales or berms, sand fence, etc.).
Eastern N.C. Natural Gas Permit#83-03
Page 3 of 3
ADDITIONAL CONDITIONS
Archaeological Resource Protection
10) The archaeological resources "Accidental Discovery Plan" detailed in Section 8 of the January 2003
permit application package shall be implemented in its entirety.
Stormwater Management
11) Prior to the initiation of construction of any activities authorized by this permit, the permittee shall
obtain stormwater management plan approval from the Division of Water Quality, and a copy of this
approval submitted to the Division of Coastal Management.
General
12) No work shall take place on any property until such time as the permittee has obtained proper legal
authority(i.e. deeds, easements, right of way encroachment agreements, etc.) for said property.
13) Any alteration of or addition to the approved pipeline route that involves any Area of Environmental
Concern will require additional authorization from the Division of Coastal Management.
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 Individual permit authorization from
the U.S. Army Corps of Engineers.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 395-3900 prior to 'the commencement of any
such activity for this determination.
NOTE: The permittee is encouraged to contact the public Health Pest Management Section at (252) 726-
8970 to discuss mosquito control measures.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3274 (DWQ Project No. 030402), which was issued on 5/21/03.
.,r a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
June 23, 2003
Eastern N.C.Natural Gas
P.O. Box 1551 —PEB 18
410 S. Wilmington Street
Raleigh,NC 27602-1551
Dear Sir or Madam:
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 113-
229. 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 party 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 require 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,
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293\ FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us
An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
Permit � � -o
DCM Coordinator
AIALNG DISTRIBUTION: 14140 ti� Y
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DCM Field Offices:
Elizabeth City Ala • �""S
Morehead City
Washington
Wilmington
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US Army Corps of Engineers (USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmington: Dave Timpy(NCDOT)
Henry Wicker
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Beverly Sanders
Marine Fisheries: Mike Street
NCDOT: Roberto Canales
Shellfish Sanitation: Gina Brooks
State Property Office: Joseph Henderson
Water Quality: John Dorney
John Hennessy(NCDOT)
Water Resources: John Sutherland
Wildlife Resources: David McHenry
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT)
FAXING DISTRIBUTION:
Permitee at �y 6 — 6 707
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Agent at
DCM Field Offices:
Elizabeth City
Morehead City
Washington
Wilmington
US Armv Corps of Engineers (USACE):
WashingTon: Mike Bell(NCDOT)
Bill Biddiecome(NCDOT)
Raleigh Bland
VA"ilminaton: Dave Timpy(NCDOT)
Henry Wicker