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HomeMy WebLinkAbout20110872 Ver 1_Approval Letter_20111114 � �� �� ���� � 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 f 2 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 3 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 � 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