HomeMy WebLinkAbout20110872 Ver 1_Approval Letter_20111114 �
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sull�ns Dee Freeman
Governor D�rector Secretarv
November 14 2011
Brunswick County
DWQ Pro�ect# 11 0872
County of Brunswick
Mr Marty K Lawmg County Manager
P O Box 249
Bolivia NC 28422
Sub�ect Property Carolma Shores Force Main and WWTP Improvements
Dear Mr Lawmg,
You have our approval, in accordance with the attached condrtions to temporarily impact 2 09
acres of 404 wetlands to install a force main along Highway 17 as described m your application
received by the DWQ on September 21 2011 After reviewing your application we have
determined that these impacts are covered by General Water Quality Certification Number 3819
(GC3819) Tlus Certification allows you to use the Nationwide 12 Permit when issued by the
US Army Corps of Engineers This cerhfication and general permrt may also be viewed on our
website at http//portal ncdenr org/web/wq/ws This approval is only valid for the purpose and
design that is described in your application If you change your pro�ect you must notify us and
you may be required to send us a new application If the property is sold,the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying
wrth all condrtions
If total wetland fills for this pro�ect(now or m the future) exceed one acre, compensatory
mingation may be required as described m 15A NCAC 2H 0506 (h) (6) and(7) This approval
shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the
General Certification For this approval to be valid you must follow the conditions listed in the
attached certification and any additional conditions listed below
Conditions of Cerhficahon
1) The following impacts are hereby approved as long as all of the other specific and general
conditions of tlus Certification(or Isolated Wetland Permit) are met No other impacts are
approved mcludmg mcidental impacts
Amount A roved(Umts Plan Location or Reference
404 Wetlands Tem or 2 09 acres Pa e 5 of 12 m PCN
I�`�.hCaroLna
North Carolma Division of Water Quality 127 Cardinal Dnve Extension Phone(910)796 7215 Customer Servicel-877�23-67�/►�atNrQ���
Wdmington Regional O�ce Wdmington NC 28405 3845 FAX (910)350 2004 Intemet h2o enr state nc us
An Equal OpportunitylAffirmative Action Employer-50/Recycled110/Post Consumer Paper
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Carolma Shores Force Ma�n Improvements
Brunswwk County
2011 08'72
2) No Waste, Spoil Solids or F�ll of Any Kmd
No waste, spoil, solids or fill of any kind shall occur in wetlands, waters or riparian
areas beyond the footprmt of the impacts depicted m the PCN application
All construction activities, including the design installahon operation and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards statutes, or rules
occur
3) No Sediment&Erosion Control Measures withm Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable If placement of sediment and erosion control devices in
wetlands and waters is unavoidable they shall be removed and the natural grade
restored withm six months of the date that the Division of Land Resources has released
the pro�ect
4) Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Drvision of Land Resources(DLR) or a DLR delegated local erosion and sedimentation
control program, an NPDES General stormwater permit(NCGO10000) administered by
DWQ is automatically issued to the pro�ect Tl�us General Permit allows stormwater to
be discharged durmg land disturbmg construction activities as stipulated by conditions
m the permit If your proJect is covered by this permit [applicable to construction
pro�ects that disturb one(1) or more acres], full compliance with permit
conditions mcludmg the sedimentation control plan,self-momtor�ng, record
keeping and report�ng requirements are requ�red A copy of this permrt and
morutormg report forms may be found at
http//h2o enr state nc us/sulForms Documents htm
5) Upon complet�on of the pro�ect the applicant shall complete and return the enclosed
'Certification of Completion Form' to notify DWQ that all the work included m the 401
Certification has been completed The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality
Violations of any condition herem set forth may result m revocation of this Certification and may
result m crimmal and/or civil penalties If you do not accept any of the conditions of tlus
certification you may ask for an ad�udicatory hearmg You must act withm 60 days of the date
that you receive this letter To ask for a hearmg send a written petition which conforms to
Chapter 150B of the North Cazolma General Statutes to the Office of Admirustrative Hearings,
6714 Mail Service Center Raleigh N C 27699 6714 This certification and its conditions are
final and bmding unless you ask for a hearmg
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Carohna Shores Force Ma�n Improvements
Brunsw�ck County
2011 0872
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act If you have any questions please telephone Ian McMillan at (919) 733 1786 or
myself at our Wilmmgton Regional Office at(910) 796 7215
Sincerely
�
�C en H Sullins Director
Division of Water Quality
Enclosures GC 3819
Certification of Completion
cc Steve Scruggs—AECOM, 701 Corporate Center Drive Raleigh NC 27607
Ian McMillan—DWQ 401 Oversight Urut
Emily Hughes—Corps of Engineers Wilmington
WiRO
Water Quality Certification N° 3819
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR U S ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT
NUMBERS 12 (UTILITY LINE ACTIVITIESI AND 47 IPIPELINE SAFETY PROGRAM
DESIGNATED TIME SENSITIVE INSPECTIONS AND REPAIRS►.
AND RIPARIAN AREA PROTECTION RULES(BUFFER RULES)
Water Quality Certification Number 3819 is issued m conformity with the requirements of Section
401 Public Laws 92 500 and 95 217 of the Urnted States and sub�ect to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H Section 0500 and 15A NCAC 2B
0200 for the discharge of fill matenal to waters and wetland areas as descnbed in 33 CFR 330
Appendix A (B) (12)and Nationwide Permit No 47 of the Corps of Engmeers regulations
mcluding any fill activity for utility Ime backfill and beddmg and for the Riparian Area Protection
Rules(Buffer Rules) in 15A NCAC 26 0200
The State of North Carolma certifies that the specified category of activity wdl not violate
applicable portions of Sections 301 302 303 306 and 307 of the Public Laws 92 500 and 95 217
if conducted in accordance with the conditions heremafter set forth
Permanent impacts to any wetlands and/or waters, mcluding streams, under this General
Certification requires application to and approval from the D�vision of Water Quality(the
Div�s�on )
Temporary impacts covered by this General Certification do not require written approval from the
Division as long as they comply with the Conditions listed below Written approval�s requ�red
if the maintenance corridor�s greater than 15 feet w�de Gas p�pel�nes may have a
ma►ntenance corr�dor w�der than�fteen feet�f m►f�gat�on�s prov�ded for these add�t�onal
wet/and�lls
If any of these Conditions cannot be met, or if the actrv�ties are associated with, or in
response to a Not�ce of Violation or an enforcement action initiated by the Drvision of
Water Quality or the Drvision of Land Resources then wr�tten approval from the Division �s
required to use this Certification Actrvities that are located within rrver basms with
Riparian Area Protection Rules(Buffer Rules) require written approval unless listed in the
Table of Uses as"EXEMPT
In accordance with North Carolma General Statute Section 143 215 3D(e) any requirement for
wntten approval for a 401 Water Quality Certification must include the appropriate fee If a
pro�ect also requires a CAMA Permit then one payment to both agencies shall be submitted and
will be the higher of the two fees
Conditions of Certification
1 No Impacts Beyond Thresholds that Qualify for this Certification
No waste spoil solids or fill of any kind shall occur in wetlands waters or ripanan areas
beyond the thresholds established for use of this Certification includmg incidental impacts
All construction activities mcluding the design mstallation operation and mamtenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards statutes or rules occur
2 Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
goverrnng the proper design installation and operation and maintenance of such Best
Management Practices
Water Quality Certification No 3819 1
Water Quality Certification N° 3819
a Design installation operation and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolma Sed�ment and Erosion Control Manua/ The
devices shall be maintained on all construction sites borrow sites and waste pde(spoil)
pro�ects includmg contractor owned or leased borrow pits associated with the pro�ect
b For borrow pit sites the erosion and sediment control measures must be designed
installed operated and mamtained m accordance with the most recent version of the
North Carolma Surtace Mming Manua!
c Reclamation measures and implementation must comply with the reclamation m
accordance with the requirements of the Sedimentation Pollution Control Act and the
Minmg Act of 1971
d Sufficient materials required for stabilization and/or repair of erosion controt measures
and stormwater routing and treatment shall be on site at all times
e If the pro�ect occurs m waters or watersheds classified as Primary Nursery Areas
(PNA s) Trout(Tr) SA WS I WS II High Quality(HQV1n or Outstanding Resource
(ORV1�waters then the sediment and erosion control requirements contamed within
Design Standards in Sens�tive Watersheds(15A NCAC 04B 0124)supercede all other
sediment and erosion control requirements
3 No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
approval by the Division If placement of sediment and erosion control devices in wetlands
and waters is unavoidable design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis equdibnum of wetlands or stream
beds or banks ad�acent to or upstream and down stream of the above structures All
sediment and erosion control devices shall be removed and the natural grade restored within
two(2) months of the date that the Division of Land Resources or locally delegated program
has released the pro�ect
4 Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources(DLR)or a DLR delegated local erosion and sedimentation control program
an NPDES General stormwater permit(NCG010000) administered by the Division is
automatically issued to the pro�ect This General Permit allows stormwater to be discharged
durmg land disturbing construction activities as stipulated by conditions in the permit If your
pro�ect is covered by this permit[applicable to construction pro�ects that disturb one(1) or
more acres] full compliance with permit conditions including the sedimentation control plan
self monitoring record keepmg and reportmg requirements are required A copy of this
permit and morntoring report forms may be found at
http//h2o enr state nc us/su/Forms Documents htm
5 Construction Moratoriums and Coordmation
Ail moratonums on construction activities established by the NC Wddlife Resources
Commission (WRC) US Fish and Wldlife Service(USFWS) NC Division of Marine Fishenes
(DMF) or National Marine Fishenes Service(NMFS) to protect trout anadromous fish
larval/post lanral fishes and crustaceans or other aquatic species of concern shail be
implemented
Work within the twenty five(25)designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropnate WRC
USFWS NMFS and/or DMF personnel
Water Quality Cert�fication No 3819 2
Water Quality Certification N° 3819
6 Work m the Dry
All work in or ad�acent to stream waters shall be conducted m a dry work area Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual or the NC DOT Construction and Maintenance Activities Manual such as
sandbags rock berms cofferdams and other diversion structures shall be used to mirnmize
excavation in flowing water
7 Riparian Area Protection (Buffer) Rule
Activities located in the protected 50 foot wide riparian areas (whether�urisdictional wetlands
or not) within the Neuse Tar Pamlico Catawba Randleman and Jordan(or any other basm
with buffer rules) shall be limited to uses identified within and constructed in accordance
with 15A NCAC 26 0233 0259 0250 0243 and 0267 and shall be located designed
constructed and mamtained to have mirnmal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices All buffer rule
requirements mcluding diffuse flow requirements must be met
8 Water Supply Watershed Buffers
The 30 foot wide vegetative buffer(low density development)or the 100 foot wide(high
density development) must be maintamed ad�acent to all perenrnal waters except for
allowances as provided in the Water Supply Watershed Protection Rules[15A NCAC 2B
0212 through 0215J
9 Any rip rap required for normal pipe bunal and stabdization shall be buned such that the
original stream elevation is restored and maintained
10 Compensatory Mitigation
In accordance with 15A NCAC 2H 0506 (h) compensatory mitigation may be required for
losses of 150 linear feet or more of streams and/or one(1)acre or more of wetlands For
Imear public transportation proJects impacts equal to or exceeding 150 linear feet per stream
shall require mitigation
Compensatory stream mitigation shall be required at a 1 1 ratio for all perennial and
intermittent stream impacts
Buffer mitigation may be required for any pro�ect with Buffer Rules m effect at the time of
application for buffer impacts resulting from activities classified as Allowable with Mitigation
within the Table of Uses section of the Buffer Rules or require a variance under the Buffer
Rules
A determination of buffer wetland and stream mitigation requirements shall be made by the
Division for any application for this Certiflcation Design and monitoring protocols shall follow
the US Army Corps of Engineers Wilmington District Stream M�figahon Guidelmes(Apnl
2003) or its subsequent updates Compensatory mitigation plans shall be submitted for
wntten Division approval as required m those protocols Alternatively the Divisron w�ll accept
payment into an in lieu fee program or credit purchase from a mitigation bank
Finally the mitigation plan must be implemented and/or constructed before any permanent
buildmg or structure on site is occupied In the case of public road pro�ects the mitigation
plan must be implemented before the road is opened to the public Proof of payment to an
m lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement
Water Quality Certification No 3819 3
Water Quality Certification N° 3819
11 For all activities requinng re alignment of streams a stream relocation plan must be
included for written Dwision approval Relocated stream designs should include the same
dimensions patterns and profiles as the existing channel (or a stable reference reach if
the existing channel is unstable) to the maximum extent practical The new channel
should be constructed in the dry and water shall not be turned into the new channel unt�l
the banks are stabdized Vegetation used for bank stabdization shall be limited to native
woody species and should mclude establishment of a 30 foot wide wooded and an
ad�acent 20 foot wide vegetated buffer on both sides of the relocated channel to the
maximum extent practical A transitional phase incorporating coir flber and seedling
establishment is allowable Rip rap A Jacks concrete gabions or other hard structures
may be allowed if it is necessary to mamtain the physical integrity of the stream but the
applicant must provide written�ustification and any calculations used to determine the
extent of rip rap coverage Please note that if the stream relocation is conducted as a
stream restoration as defined m the US Army Corps of Engmeers Wilmmgton District
Apni 2003 Stream M�bgation Guidelines(or its subsequent updates) the restored length
can be used as compensatory mitigation for the impacts resulting from the relocation
12 For sewer lines the edge of the construction corridor shall not be installed parailel to and
closer than 10 feet from top of bank to a stream except for the followmg classifications 50
feet to waters classified as WS (except WS IV or WS V) B SA ORW HQW or 5B from
normal high water(or tide elevation) and wetlands or 100 feet to private or public water
supply sources or waters classified as WS I waters or Class I or Class II impounded
reservoirs used as a source of drinking water m accordance with 15A NCAC 02T 0305(�
Utdity lines shall not cross a stream channel at other than a near perpendicular direction
(i e stream channel crossings shall not be at an angle of less than 75 degrees or more
than 105 degrees to the stream bank)
13 Any wastewater line that crosses any stream shown on the most recent version of the
1 24 000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
mtermittent shall be instalied either a)with no�oints connected within the footprmt of a
stream channel or withm two (2)feet of the stream banks in the case of plastic or PVC
pipes or b)with properly bedded and supported ductile iron Otherwise wr�tten approval
from DWQ is requ�red
14 If concrete is used durmg the construction then a dry work area should be mamtained to
prevent direct contact prevent direct contact between cunng concrete and stream water
Water that�nadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life/fish kilis
15 Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator and m stnct accordance with product labeling
16 Placement of rip rap shail be restncted to the stream bottom and banks directly impacted
by the placement of the utdity line Rip rap shall only be used below the normal high
water level The stream berm must be restored to the original contour after construction
Placement of rip rap or other materials shall not result in de stabilization of the stream bed
or banks upstream or downstream of the crossing
17 Annual native species suitable for wet locations shall be planted and established within
�unsdictional wetlands for sod and erosion control Non native perennials such as fescue
are prohibited
18 A one time application of fertUizer to re establish vegetation is allowed but is restricted to
no cioser than 10 feet(3 meters)from top of bank of streams Any fertilizer application
must comply with all other Federal State and Local regulations
Water Qual�ty Certification No 3819 4
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Water Quality Certification N° 3819
19 The construction corridor(including access roads and stockpdmg of matenals)is limited to
40 feet(12 2 meters) in width in wetlands and across stream channels and must be
mirnmized to the maximum extent practicable
20 Permanent maintained access corridors shall be restricted to the mmimum width
practicable and shall not exceed 15 feet in width except at manhole locations A 15 foot
by 15 foot perpendicular vehicle turnaround must be spaced at least 500 feet(152 4
meters)apart
21 An anti seep collar shall be placed at the downstream (utility line gradient)wetland
boundary and every 150 feet(45 7 meters) up the gradient untd the utility exits the wetland
for buried utdity lines Anti seep collars may be constructed with class B concrete
compacted clay PVC pipe or metal collars Wetland crossings that are directionally
drdled and perpendicular wetland crossings that are open cut and less than 150 feet(45 7
meters) long do not require anti seep collars The compacted clay shall have a specific
infiltration of 1 X 10 5 cm/sec or less A section and plan view diagram is attached for the
anti seep collars
The following specifications shall apply to class B concrete
a) Mmimum cement content sacks per cubic yard with rounded course aggregate 5 0
b) Minimum cement content sacks per cubic yard with angular course aggregate 5 5
c) Maximum water cement ratio gallons per sack 6 8
d) Slump range 2 to 4
e) Minimum strength 28 day psi 2 500
22 The applicant shall have a specific plan for restonng wetland contours Any excess
matenal will be removed to a high ground disposal area
23 If an environmental document is required under NEPA or SEPA then this General
Cert�f�cation is not valid untd a Fmdmg of No Significant Impact(FONSI)or Record of
Decision (ROD) is issued by the State Cleannghouse
24 In the twenty(20)coastal counties the appropriate DWQ Regional Office must be
contacted to determine if Coastal Stormwater Regulations wdl be required
25 This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal State or local approvals
26 When written authorization is required for use of this certification upon completion of all
permitted impacts mcluded withm the approval and any subsequent modifications the
applicant shall be required to return the certificate of completion attached to the approval
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mad
Service Center Raleigh NC 27699 1650
27 This General Certification shall expire three (3)years from the date of issuance of the
written approval letter or on the same day as the expiration date of the corresponding
Nationwide Permit 12 or Nationwide Permit 47 The conditions m effect on the date of
issuance of Certification for a specific pro�ect shall remain m effect for the life of the
pro�ect regardless of the expiration date of this Certification If the construction process
for approved activities will overlap the expiration and renewal date of the correspondmg
404 Permit and the Corps allows for contmued use of the 404 Perm�t then the General
Certification shall also remain in effect without requiring re application and re approval to
use this Certification for the specific impacts already approved
Water Qual�ty Certification No 3819 5
Water Quality Certification N° 3819
28 The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (includmg any reqwrements resulting from
compliance with §303(d)of the Clean Water Act) and any other appropriate requirements
of State and Federal Law If the Division determines that such standards or laws are not
being met mcludmg fadure to sustain a designated or achieved use or that State or
Federal law is bemg violated or that further conditions are necessary to assure
compliance then the Division may reevaluate and modify this General Water Quality
Certification
Non compliance with or violation of the conditions herem set forth by a specific fill pro�ect may
result m revocation of this General Certification for the pro�ect and may also result m cnminal
and/or civil penalties
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for individual certification for any pro�ect in this category of activity if it is determined
that the pro�ect is likely to have a sigrnficant adverse effect upon water quality mcluding state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded
Public heanngs may be held for specific applications or group of applications pnor to a
certification decision if deemed in the public s best mterest by the Director of the North Carolma
Division of Water Quality
Effective date March 19 2010
DIVISION OF WATER QUALITY
By
Coleen H Sullms
Director
History Note Water Qual�ty General Cert�ficat�on (WQC) Number 3819�ssued on March 19
2010 rep/aces WQC Number 3699 issued on November 1 2007 WQC Number 3625�ssued on
March 19 2007 WQC Number 3374 issued on March 18 2002 WQC Number 3288�ssued on
June 1 2000 WQC Number 3101 issued on February 11 1997 WQC Number 3022 issued on
September 6 1995 and WQC Number 2664�ssued on January 21 1992 Th�s General
Cert�ficat�on�s resanded when fhe Corps of Engmeers reauthonzes Nat�onwide 12 or when
deemed appropnate by the D�rector of the Div�s�on of Water Qual�ty
Water Quahty Cert�fication No 3819 6
�
Cert�ficat�on of Comple�
DWQ Pro�ect No County
Applicant
Pro�ect Name
Date of Issuance of Wetland Permit
Certificate of Comnletion
Upon completion of all work approved w�thm the 401 Water Qual�ty Cert�ficat�on and Buffer Rules, and any
subsequent modifications the appl�cant is requ�red to return this certificate to the 401 Oversight/Express Permittmg Unit
North Carolma Div�sion of Water Quahty 1650 Mail Service Center Raleigh NC 27699 1650 This form may be
returned to DWQ by the applicant the applicant s authorized agent or the pro�ect engmeer It is not necessary to send
certificates from all of these
�lpplacant's Certaficataon
I hereby state that to the best of my abilrties due care and diligence was
used m the observatton of the construction such that the construction was observed to be built wrthm substantial
compliance and mtent of the 401 Water Quality Cerhfication and Buffer Rules the approved plans and specifications
and other supportmg materials
S�gnature Date
�4gent's Certificahon
I hereby state that to the best of my abilrties due care and diligence was
used m the observation of the construction such that the construction was observed to be built withm substantial
compl�ance and mtent of the 401 Water Quality Cerhfication and Buffer Rules,the approved plans and specificat�ons
and other supporhng materials
Signature Date
If thas pro�ect was desagned by a Certified Professconal
I as a duly reg�stered Professional (i e Engmeer
Landscape Archrtect Surveyor etc) m the State of North Carohna havmg been authorized to observe (periodically
weekly full time) the construction of the pro�ect for the Permittee hereby state that to the best of my abilrties due care
and diligence was used m the observation of the construction such that the construction was observed to be bu�lt withm
substantial compliance and mtent of the 401 Water Quality Certificahon and Buffer Rules, the approved plans and
specificat�ons and other supportmg materials
Signature Registration No Date