20041590 Ver 1_Other Agency Comments_20090527

:'Iermit Class P°r nL Number
TRANSFER
RENEWAL S'TAG'E OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ikrinit
for
129-05
U
i
MAY 2 7 2009
S MID SWATER
y ORM WA R BRMCH }
3
X Major Development in an krea of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Cape Fear Public Utility Authority, 235 Government Center, Dr., Wilmington, NC 28403
Authorizing development in New Hanover County at Smith Creek and Cape Fear _
River as requested in the permittee's application dated 6/14/04, including
attached workplan drawings (23), dated as referenced in Condition No. 1 of this permit.
This permit, issued on May 26, 2009 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
James A. Laughlin WAWTP Upgrades
1) Unless specifically altered herein, all work shall be done in compliance with the following attached
workplan drawings:
- Sheets 2 and 3 of 24, both dated May 2005
- Sheet 4 of 24, dated 3/15/01
- Sheets 5 and 6 of 24, both dated received 6/23/04
- Sheet 7 of 24 dated 8/31/00
- Sheet 8 of 24 dated 1/4/02
- Sheets 9-17 of 24, all dated received 6/23/04
Sheets 22-24 of 24, all dated May, 2004
Sheets D1, DM5, FM5, FM15 and FM6, all dated modified 4/20/05
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2010
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
ADDITIONAL CONDITIONS
Permit,4 129-05
Page 2 of 3
x
A 2) Unless specifically altered herein, this permit authorizes the expansion of the James A. Laughlin
T o..,- ..s ~m ` Dl t 1 fl.c t.-. -o of .arl;t: 1 + / 19"1 no I: r feet of force
f fo.rce
sa+Stc w uL2r TreaLiiicn? i iari?, irLCILidin, U1 CvrLsLi d Lien v an ao i.ai T i - 1 rv ..nea. ,..
main, and a new outfall diffuser in the Cape Fear River.
3) The portion of the force main crossing Smith Creek shall be installed by utilizing horizontal directional
boring technology. No excavation or filling within Smith Creek is authorized without permit
modification.
4) The authorized outfall structure in the Cape Fear River shall be located landward of the US Army Corps
of Engineers Cape Fear Harbor Line.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands outside of the
alignment of the area(s) indicated on the workplan drawing(s).
6) All backfill material shall be clean and free of any pollutants except in trace quantities.
7) The permittee shall maintain_ the authorized force main at Smith Creek and the authorized force main
and outfall structure at. the Cape hear River in good condition and in conformance with the terms and
conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted
activity without having it transferred to a third party.
Easement
8) Prior to initiation of any activities at the Smith Creek and/or Cape Fear River project sites authorized
under this permit, the permittee shall apply for and receive and Easement from the Department of
Administration's State Property Office as required under N.C.G.S. 146-12(e).
Sedimentation and Erosion Control
NOTE: An Erosion Sedimentation Control Plan will be required for this project. This plan must be filed
at least (30) days prior to the beginning of any land disturbing activity. Submit this plan to the
Department of Environmental and Natural Resources, Land Quality Section, 127 Cardinal Drive
Extension, Wilmington, NC 28405.
9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Stormwater Manaizement
10) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8040311, which was issued
on 3/22/05. Any violation of the permit approved by the DWQ shall be considered a violation of this
CAMA permit.
City of Wilmington
ADDITIONAL CONDITIONS
General
Permit # 129-05
Pate 3 of 3
f1At?{re operatlVL,s \1 tbP TJrl:ted gtnfAS requires fl-
11) The permrttee understands and agrees that, 11 ;4F b
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
12) The federally endangered West Indian manatee (TYichechus manatus), has been reported in North
Carolina waters. In order to protect the manatee, all work should be done between November 1 and
May 31. If work must be done outside of this time frame, the permittee shall adhere to enclosed
guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West
Indian Manatee in North Carolina".
13) This renewal shall be attached to the original Permit No. 1.29-05, which was issued on 8/11105, and
copies of both documents shall be readily available on site when Division personnel inspect the project
for compliance.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3490 (DWQ Project No. 041590), which was issued on 7/28/05.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-200500004.