HomeMy WebLinkAbout20191517 Ver 1_401 Application_20191105ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
B.RAXTON C. DAVIS
Director
Bryan McCabe, PE
District Manager
Southeast Brunswick Sanitary District
4240 Committee Drive
Southport, North Carolina 28461
September 27, 2019
SUBJECT: CD19-034 Consistency Concurrence Concerning the Southeast Brunswick Sanitary District
Proposed Subaqueous Gravity Sewer Replacement (DCM920190034)
Dear Mr. McCabe:
We received your consistency submission on July 30, 2019, concerning the Southeast Brunswick Sanitary
District proposed 42 LF subaqueous gravity sewer replacement located at 4382 Long Beach Road SE,
Southport, NC.
North Carolina's coastal zone management program consists of, but is not limited to, the`Coastal Area
Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of North Carolina's
.Administrative Code, and the land use plan of the County and/or local municipality in which the proposed
project is located. It is the objective of the Division of Coastal Management (DCM) to manage the State's
coastal resources to ensure that proposed federal actions would be compatible with safeguarding and
perpetuating the biological, social, economic, and aesthetic values of the State's coastal waters.
DCM has reviewed the submitted information pursuant to the management objectives and enforceable
policies of Subchapters 7H and 7M of Chapter 7 in Title 15A of the North Carolina Administrative Code
and concurs that the proposed action is consistent with North Carolina's approved coastal management
program.
Prior to the initiation of the activities described, the applicant should obtain any required State approvals or
authorizations, including any authorizations required by the N.C. Division of Water Resources. Should the
proposed action be further modified, a consistency determination could be necessary. Likewise, if further
project assessments reveal environmental effects not previously considered, a consistency certification may
be required. If you have any questions, please contact me at (252) 808-2808. Thank you for your
consideration of the North Carolina Coastal Management Program.
Sinc y,
Daniel Govom
Federal Consistency Coordinator
Win
Q�,
nroe�'�G�'L wf"/
North Carolina Department of Environmental Quality ! Division of Coastal Management
Morehead City Office { 400 Commerce Avenue ? Atorehead City, North Carutina 28557
252.608.2608
REFERENCE_ _ DATE 394
NC DIV OF WATER
CALF GULLEY PCN 7/17/19 DESCRIPTION RESOURCES
PIPE REPLACEMENT --�--_---' AMOUNT DISCOUNT
MH lA TO MH 18(PERMIT FEE) GULLEY '-----___--NET_PAID
0.00 -
CHECK #
-----____ DATE
GROSS .•--_____ _S DISCOUNT CHECK AMO SOUTHEAST .• -'- "`'-- ____ UNT
BRUNSWICK SANITARY D1ST 0.0 0
4240 COMMITTEE DRIVE RICT
SOUTHPORT; N.C. 28461
910-457.0006
PAY
PRY NC
DIV OF WATER
R HE
ER 1671 MAIL SERVICE RESOURCES
ORDER RALEIGH, NC 2710E CENTER
OF 1617
First Bank
Southport, 66-456/531
DATE
CHECK NO.
07/18/2019 CHECKgMOVNT
Ammom
THIS DISBURSEMENT
HA
"HE S BEEN AP
PROAREDERNMENTBUDGETAND FISCAL CONTIROLABCYT
SOUTHEAST BRUNSWICK SANITARY DISTRICT
4240 COMMITTEE DRIVE
SOUTHPORT, NORTH CAROLINA 28461
910-457-0006
July 23, 2019
Mr. Daniel Govoni
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
RE: Calf Gulley Gravity Sewer
NWP 3 Maintenance
Coastal Consistency Determination
Dear Mr. Govoni:
Attached you will find a NWP 3 — Maintenance PCN Application with attachments and a Division of
Coastal. Management project area AEC map. Southeast Brunswick Sanitary District (SEBSD). is
requesting concurrence from ,the Division of Coastal Management for the NWP 3 consistency
determination.
The proposed activity involves the replacement of 42 LF of subaqueous gravity sewer., which was
originally installed in the 1990's.
The new gravity sewer will be installed via open trench. Coffer dams will be installed upstream and
downstream of the proposed excavation. Surface water will be pumped around the coffer dams to
maintain surface water flows.
Temporary impacts include 25 LF of stream and 0.0147 acres of wetlands. No fills are proposed. The
creek will be restored to pre-existing conditions (lines and grades).
Calf Gulley Creek is classified as SC; SW, HQW. The proposed project activity will not occur within an
AEC.
Water quality will be protected by installation of coffer dams within the creek. Surface water will be
pumped around the excavation area. In addition, sewer flows will also be bypassed by plugging.sewer
manholes and pumping around the 42 LF of gravity sewer until such time as the proposed gravity
sewer is ready to receive flows.
Mr. Govoni
July 23, 201-9
Page 2
The project proactively replaces an aged gravity sewer, which is subject to deterioration and could
threaten water quality. Construction methods, including the coffer dams and sewer bypass, will
insure protection of water quality.
Based on project need and construction methods, SEBSD believes "the proposed activity complies
with the enforceable policies of North Carolina's approved management program and will be
conducted in a manner consistent with such program"
Sincerely,
Bryan McCabe, PE, District Manager
Southeast Brunswick Sanitary District
Enclosures
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes ❑x No
1d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
® Yes ❑ No
For the record only for Corps Permit:
❑X Yes ❑ No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
Yes ❑ No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑x No
2. Project Information
2a. Name of project:
Calf Gulley Gravity Sewer
2b. County:
Brunswick
2c. Nearest municipality / town:
Southport
2d. Subdivision name:
NA
2e. NCDOT only, T.I.P.'or state project no:
NA
3. Owner Information
3a. Name(s) on Recorded Deed:
Southeast Brunswick Sanitary Sewer District
3b. Deed Book and Page No.
1134/53
3c. Responsible Party (for LLC if
applicable):
NA
3d. Street address:
4240 Committee Drive SE
3e. City, state, zip:
Southport, NC 28461
3f. Telephone no.:
910-457-0006
3g: Fax no.:
910-457-1057
3h. Email address:
bmccabe@southeastbrunswick.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. NA PLAN NO. NA PARCEL ID: 221IDO01 (Portion
STREET ADDRESS: 4382 Long Beach Rd SE Southport, NC 28461
Please print:
Property Owner: Southeast Brunswick Sanitary Sewer District
Book/Page:
The undersigned, registered property owners of the above noted property, do hereby authorize
Margaret Gray , of WK Dickson
(Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
Southeast Brunswick Sanitary District, 4240 Committee Drive SE, Southport, NC 28461
Telephone: 910-457-0006
I hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Authorized Signature — Bryan McCabe, District Manager
Date: �L/ Z 3 Zi t
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4d. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f.. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if. applicable)
5a. Name:
Margaret Gray
5b: Business name
(if applicable):
WK Dickson & Co., Inc.
5c. Street address:
300 N Third Street, Suite 301
5d. City, state, zip:
Wilmington, NC 28401
5e. Telephone no.:.
910-762-4200
5f. Fax no.:
910-762-4201
59'. Email address:
mgray@wkdidkson.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
2211D001
1b. Site coordinates (in decimal degrees):
Latitude: 33,937707 Longitude:-78.062806
16. Property size:
0.02 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Calf Gulley Creek
2b. Water Quality Classification of nearest receiving water:
SC; SW, HQW
2c. River basin:
Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Existing gravity sanitary sewer beneath Calf Gulley Creek, approximately 42 LF, is in need of replacement.
3b. List the total estimated acreage of all existing wetlands on the property: 0.007
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 15
3d. Explain the purpose of the proposed project:
Replace aged gravity sewer main which was originally installed in the 1990's.
3e. Describe the overall project in detail, including the type of equipment to be used:
Install coffer dams within creek, pump around surface water, open excavate existing gravity sewer, replace with concrete encased PVC gravity sewer.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all priorphases) in the past?
El Yes El No ❑X Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary
ElrY ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Margaret Gray
Agency/Consultant Company:
Other: WK Dickson & Co., Inc.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes El No 0 Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑X Wetlands Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted..
2a.
Wetland impact
number
Permanent (P) or
Temporary
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps. (404,10) or
DWQ (401, other)
A
Area of
impact
(acres)
W1 T
Excavation
Hardwood Flat
No
Corps
0.007
W2 -
Choose one
Choose one
. YeslNo
W3 -
Choose one.
Choose one
Yes/No
-
W4
Choose one
Choose.one
Yes/No
-
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.007
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 T
Excavation
Calf Gulley
PER
Corps
40
15
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6 -
Choose one
3h. Total stream and tributary impacts
15
3i. Comments:
Page 4 of 10
PCN Form - Version.1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
46.
Area of impact (acres)
01 -
Choose one
Choose
02
Choose one
Choose
03 -
Choose one
Choose
04. -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e,
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
62
Yes/No
B3 - .
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Replacing gravity sewer in same footprint (i.e. no new/additional impacts)
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Utilize coffer dams and pump around surface water to maintain flows. Restore Calf Gulley Creek to original grades.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State.
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ®No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: NA
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Pa mentto In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet .
4c. If usingstream mitigation, stream temperature:
Choose ohe
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ ❑ Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes 0 No
within one of the NC Riparian Buffer Protection. Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
0
2b. Does this project require a Stormwater Management Plan?
❑Yes 0 No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
No impervious area is proposed. Project is a subaqueous gravity sewer line.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
26. Who will be responsible for the review of the Stormwater Management Plan? ,
NA
3. Certified Local Government Stormwater Review
3a. In which local overnment's jurisdiction_ is thisproject?
❑ Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been.
❑ Yes ❑ No
attached?
.4..DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b: Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
RCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
El Yes
❑x No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes
❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
0 No
or Riparian Buffer Rules (15A NCAC 2.13.0200)?
2b. Is this an after -the -fact permit application?
El Yes
❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the Volation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
[]Yes
❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No new wastewater flows. Existing gravity sewer main replaced in -kind at same location.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
El Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
0 Yes QX No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish & Wildlife Brunswick County listings, Corps ESA web page, ECOS
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes OX No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
El Yes �X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
State Historic Preservation website
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
�X Yes 0 No
8b. If yes, explain, how project meets FEMA requirements:
No fill activities are proposed. Restoring to pre -.existing conditions.
8c. What source(s) did you use to make the floodplain determination?
FEMA map layer Brunswick GIS
Margaret Gray
Applicant/.Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10of10