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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