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HomeMy WebLinkAbout51-03 Amended 05/2003 Permit Class Permit Number AMENDED 51-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources- ,, RECEIVES and Coastal Resources Commission JUN 0 4 2003 ,0�COASTAQ DlyNOfor Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 ExVavation 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 Multiple County at Multiple waterbody crossing in 6 eastern N.C. counties , as requested in the permittee's application dated 12/12/02, including workplan drawings as contained in the January 20D3 permit application document package. This permit, issued on May 12, 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 IIIA) project, located in Beaufort, Pitt, Craven, Pamlico, Jones, and Onslow Counties, all as depicted in the January 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. f.G onna D. Moffitt, Director Any maintenance work or project modificatioi.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. Si ature of Permittee Eastern N.C. Natural Gas Permit#51-03 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 perennial stream and river crossings that are greater 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 crossings less than 20 feet wide. 6) For 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 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 Erosion and Sedimentation Control Plan was issued for this project in January of 2003. LAnae r to protect water quality, runoff from construction must not visibly increase the amount of ed sediments in adjacent waters. riate sedimentation and erosion control devices, measures or structures must be implemented to hat eroded materials or drilling fluid do not enter adjacent wetlands, watercourses and property fence, diversion swales or berms, sand fence, etc.). urbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion hirty days of project completion. 1 Eastern N.C. Natural Gas Permit#51-03 Page 3 of 3 ADDITIONAL CONDITIONS Archaeological Resource Protection 11) 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 12) 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 13) 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. 14) 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 (252) 946-6481 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. 030051), which was issued on 2/17/03. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 I June 24, 2003 Regulatory Division Action ID. 200310303E JUL 0 7 2003 ��t�OA�TAL Mr. John Hughes Albemarle-Pamlico Economic Development Corporation 119 West Water Street Edenton, North Carolina 27932 Dear Mr. Hughes: In accordance with your written request of January 14, 2003, and the ensuing administrative record, enclosed is a Department of the Army(DA) permit to construct Phase IIIA of the Albemarle-Pamlico Economic Development Corporation fiber optic conduit project from Hackney in Pitt County, to Tar Landing in Onslow County. If any change in the authorized work is required because of unforeseen or altered conditions or for any other reason, the plans revised to show the change must be sent promptly to this office. Such action is necessary, as revised plans must be reviewed and the permit modified. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant general conditions require that: a. You must complete construction before December 31, 2006 b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. -2- Should you have questions, please contact Mr. Scott Jones, Washington Regulatory Field Office at (252) 975-1616, extension 22. Sincerely, Charles R. Alexander, Jr. Colonel, U.S. Army District Engineer Enclosures Copy Furnished with enclosures: Chief, Source Data Unit Mr. Ronald J. Mikulak, Chief Wetlands NOAA/National Ocean Service Protection Section- Region IV ATTN: Sharon Tear N/CS261 Water Management Division 1315 East-west Hwy., Rm 7316 U.S. Environmental Protection Agency Silver Spring, MD 20910-3282 61 Forsyth Street Atlanta, Georgia 30303 Copies Furnished with special conditions and plans: Mr. Doug Huggett Div' ion of Coastal Management U.S. Fish and Wildlife Service rth Carolina Department of Fish and Wildlife Enhancement Environment and Natural Resources Post Office Box 33726 1638 Mail Service Center Raleigh, North Carolina 27636-3726 Raleigh, North Carolina 27699-1638 Mr. Ron Sechler Mr. David Rackley National Marine Fisheries Service National Marine Fisheries Service Pivers Island 219 Fort Johnson Road Beaufort, North Carolina 28516 Charleston, South Carolina 29412-9110 SPECIAL CONDITIONS a. All work authorized by this permit must be performed in strict compliance with the attached plans,which are a part of this permit. b. Excavation, filling, and/or mechanized land clearing will not be undertaken at any time within any waters and/or wetlands outside of the permitted construction easement. This includes all borrow and wasting activities associated with construction of this project. c. The temporary placement or double handling of excavated or fill materials within waters and/or wetlands is not authorized. d. All fill material will be clean and free of any pollutants except only in trace quantities. e. All fill material will be immediately stabilized and maintained to prevent erosion and sedimentation into adjacent waters and/or wetlands. Fescue will not be planted within wetland areas. f. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. g. This permit authorizes only the use of horizontal directional boring construction methodologies at all perennial stream and river crossings greater than 20 feet wide or that are within any Areas of Environmental Concern as designated by the North Carolina Coastal Resources Commission. Any alteration from the authorized horizontal directional boring method will require a modification of this permit. Directional boring may also be utilized for crossings less than 20 feet wide. h. For wetland crossings or stream crossings less than 20 feet wide,trenching of the pipeline is also authorized so long as the following mitigative measures are implemented: 1. Silt curtains and other best management practices must be aggressively implemented to ensure downstream sedimentation and turbidity does not represent a threat to aquatic resources. 2. No excavation or filling will be permitted between February 15 and June 30 of any year without prior approval from U. S. Army Corps of Engineers, in consultation with National Marine Fisheries Service and the U. S. Fish&Wildlife Service. 3. All trenching and backfilling activities are carried out during periods of negligible flow conditions. i. Any spoil permanently removed from the project location must be disposed of in a high ground disposal area. The disposal areas must be stabilized in such a manner as to prevent spillover of solids into any wetlands or surrounding waters. j. Any fill material will be clean and free of any pollutants except in trace quantities. DEPARTMENT OF THE ARMY ( � WILMINGTON DISTRICT,CORPS OF ENGINEERS PO BOX 1890 `- WILMINGTON NC 28402-1890 May 2, 2003 Regulatory Division Action ID. 200310253 RECEIVE[ MAY 1 9 2003 DIV.OFCOASTALMANAGEMW Mr. Donald K. Davis RALEIGH Eastern North Carolina Gas Post Office Box 1551-PEB 18 410 South Wilmington Street Raleigh, North Carolina 27602-1551 Dear Mr. Davis: In accordance with your written request of January 14, 2003, and the ensuing administrative record, enclosed is a Department of the Army(DA)permit to construct Phase IIIA of the Eastern North Carolina Natural Gas pipeline project from Hackney in Pitt County, to Tar Landing in Onslow County. If any change in the authorized work is required because of unforeseen or altered conditions or for any other reason, the plans revised to show the change must be sent promptly to this office. Such action is necessary, as revised plans must be reviewed and the permit modified. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant general conditions require that: a. You must complete construction before December 31, 2006 b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. -2- Should you have questions, please contact Mr. Scott Jones, Washington Regulatory Field Office at (252) 975-1616, extension 22. Sincerely, Charles R. Alexander, Jr. Colonel, U.S. Army District Engineer Enclosures Copy Furnished with enclosures: Chief, Source Data Unit Mr. Ronald J. Mikulak, Chief Wetlands NOAA/National Ocean Service Protection Section - Region IV ATTN: Sharon Tear N/CS261 Water Management Division 1315 East-west Hwy., Rm 7316 U.S. Environmental Protection Agency Silver Spring, MD 20910-3282 61 Forsyth Street Atlanta, Georgia 30303 Copies Furnished with special conditions and plans: Mr. Doug Huggett ivision of Coastal Management U.S. Fish and Wildlife Service North Carolina Department of Fish and Wildlife Enhancement Environment and Natural Resources Post Office Box 33726 1638 Mail Service Center Raleigh, North Carolina 27636-3726 Raleigh, North Carolina 27699-1638 Mr. Ron Sechler Mr. David Rackley National Marine Fisheries Service National Marine Fisheries Service Pivers Island 219 Fort Johnson Road Beaufort, North Carolina 28516 Charleston, South Carolina 29412-9110 SPECIAL CONDITIONS a. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. b. Excavation, filling, and/or mechanized land clearing will not be undertaken at any time within any waters and/or wetlands outside of the permitted construction easement. This includes all borrow and wasting activities associated with construction of this project. c. The temporary placement or double handling of excavated or fill materials within waters and/or wetlands is not authorized. d. All fill material will be clean and free of any pollutants except only in trace quantities. e. All fill material will be immediately stabilized and maintained to prevent erosion and sedimentation into adjacent waters and/or wetlands. Fescue will not be planted within wetland areas. f. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. g. This permit authorizes only the use of horizontal directional boring construction methodologies at all perennial stream and river crossings greater than 20 feet wide or that are within any Areas of Environmental Concern as designated by the North Carolina Coastal Resources Commission. Any alteration from the authorized horizontal directional boring method will require a modification of this permit. Directional boring may also be utilized for crossings less than 20 feet wide. h. For wetland crossings or stream crossings less than 20 feet wide, trenching of the pipeline is also authorized so long as the following mitigative measures are implemented: 1. Silt curtains and other best management practices must be aggressively implemented to ensure downstream sedimentation and turbidity does not represent a threat to aquatic resources. 2. No excavation or filling will be permitted between February 15 and June 30 of any year without prior approval from U. S. Army Corps of Engineers, in consultation with National Marine Fisheries Service and the U. S. Fish&Wildlife Service. 3. All trenching and backfilling activities are carried out during periods of negligible flow conditions. s i. Any spoil permanently removed from the project location must be disposed of in a high ground disposal area. The disposal areas must be stabilized in such a manner as to prevent spillover of solids into any wetlands or surrounding waters. j. Any fill material will be clean and free of any pollutants except in trace quantities.