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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 II. C h e., rZ. 4/, Permitee:L&41Lhi nl,C• Nkl�t�'` �m Cou 5 P�y�.ts Cry• tb Anent: Ctisf��n /l/,C. DCM Field Offices: Elizabeth City Ala • �""S Morehead City Washington Wilmington Dom j 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 �id,e �IwRm0'^' I709 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