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HomeMy WebLinkAbout20090426 Ver 1_No Written Concurrence_20090528NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington Regional Office Wilmington, NC 28405-3845 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretarv May 28, 2009 Brunswick County DWQ Project #: 09-0426 Mr. Harry Q. Simmons, Jr. Town of Caswell Beach 1100 Caswell Beach Road Caswell Beach NC 28465 Subject Property: Vacuum Sewer And Force Main Installation NO WRITTEN CONCURRENCE NEEDED Dear Mr. Simmons: You have our approval, in accordance with the attached conditions to temporarily impact 0.025 acres of 404 wetlands to install a wastewater collection system as described in your application received by the DWQ on April 15, 2009. After reviewing your application, we have decided these impacts are below the threshold for written aut nzation as long as all conditions of Ai'A 'IRV Conditions of Certification: General Water Quality Certification Number 3699 ( _ are met. This certification may also be viewed on our website at htt ://h2o.en tate.cGi 1 This Certification allows you to use the Nationwide 12 Permit when i , d thye U A" _ rp &meers. This approval is only valid for the purpose and design ctmmcr* our application. If you change your project, you must notify us and you maybe re u' s new application. If the property is sold, the new owner must be given a co ation and approval letter and is thereby responsible for complying with all conditions. wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 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 fisted in the attached certification and any additional conditions listed below. 1) Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in 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 herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. Phone (910) 796-7215 FAX (910) 350-2004 Nor hCarolina Customer Service1-877-623-67 ;atllralll? Internet: h2o.enr.state.nc.us 2 Town of Caswell Beach WW System Installation Brunswick County 2009-0426 If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 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 Wilmington Regional Office at (910) 796-7215. Sincerely, aJ94-- Chad Coburn Senior Environmental Specialist Enclosures: GC 3699 Certification of Completion cc: Ian McMillan - DWQ 401 Oversight Unit Kim Garvey- Corps of Engineers Wilmington T. Carter Hubard - WK Dickson & Co., 909 Market Street, Wilmington, NC 28401 Jessi O'neal - Robert J. Goldstein & Assoc., Inc., 1221 Corporation Parkway, Suite 100, Raleigh, NC 27610 David Timpy - Corps of Engineers Wilmington Doug Huggett - DCM Morehead City Heather Coats - DCM Wilmington WiRO Certification of Completion DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 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 project engineer. It is not necessary to send certificates from all of these. Applicant's Certification hu? State that, to the best of fny AdW4 due care and diligence was used in the observation of the construction such t'at eon t ° was obseri?6d 16 be built within substantial compliance and intent of the 401 Water Quality Certification arit?lrr 4,tt):e5, t-.,approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: County: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date MR kt d IV S? a § ad LL'? sjjs °>o ?i FFF7? aw i ? FOXFIRE TRACE I I I I I I I I I I -N- I I I I I I I I ? e I I e I m ? wo .m I 4 e ? a 3 I I § § ' I ti m m w 3 0 0 § ? v i I ? a I m w 3 ? 1 ? D m O Cn cf) f ? \ cl) ? j e m Ll ? r O D § Z m ? 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I SE g I ? oae Q ;> L i 4 s ?s 1 z; LL R, Ea M! t It i 1 I ;?: N,J a U? _on ga Sid Xi :s3?a.MM Water Quality Certification No. 3699 Water Quality Certification Number 3699 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject 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 material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) and Nationwide Permit No. 47 of the Corps of Engineers regulations including any fill activity for utility line backfill and bedding, and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The State of North Carolina certifies that the specified category of activity will 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 hereinafter set forth. This General Certification does not authorize aifyipermanent changes in pre-construction elevation contours in waters oT>wetlands or s(r0am ')din ?s)bn,;.,pattern or profile. r I IE6, r Activities covered by this General ertific ti9yh4alp not requireWrO oval from the Division of Water Quality (the "Division") as long with the Corttttfr listed below. Written approval is required if the maintenance 6&4, is*r, thin 1:5`feet wide. Gas pipelines may have a maintenance corridor larger than fr eeh f r jfrzi lion is provided for these additional wetland fills. If any of these Conditions cannot be met, or if the activities are assdfated with, or in response to a Notice of Violation or an enforcement action initiated by the Division of Water Quality or the Division of Land Resources, then written approval from the Division is required to use this Certification. Activities that are located within river basins with Riparian Area Protection Rules (Buffer Rules) require written approval unless listed in the Table of Uses as "EXEMPT". In accordance with North Carolina General Statute Section 143-215.3D(e), any requirement for written approval for a 401 Water Quality Certification must include the appropriate fee. If a project 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 riparian areas beyond the thresholds established for use of this Certification, including incidental impacts. All construction activities, including the design, installation, 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. 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: Water Quality Certification No. 3699 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE Water Quality Certification No. 3699 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 Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNA's), Trout Jr), SA, WS-I, WS-11, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion control requirements contained within Design Standards in Sensitive 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-equilibrium of wetlands or stream beds or banks, adjacent 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 project. 4. Construction Stormwater Permit NCGO10000 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 project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http*//h2oenrstate.nc.us1su/Forms Documents.htm. 5. Construction Moratoriums and Coordination All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to protect trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall 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 appropriate WRC, USFWS, NMFS, and/or DMF personnel. Water Quality Certification No. 3699 Water Quality Certification No. 3699 6. Work in the Dry All work in or adjacent to stream waters shall be conducted in 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 minimize excavation in flowing water. 7. Riparian Area Protection (Buffer) Rule Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico, Catawba, and Randleman (or any other basin with buffer rules), shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250 and .0243, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including 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 maintained adjacent to all perennial waters except for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 26 .0212 through .0215]. 9. Any rip rap required for normal pipe burial and stabilization shall be buried 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 linear, 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 in watersheds classified as ORW, HQW, Trout, WS-1 and WS-II. Buffer mitigation may be required for any project with Buffer Rules in 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 Certification. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be submitted for written Division approval as required in those protocols. Alternatively, the Division will 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 building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the public. Proof of payment to an in-lieu fee program or mitigation bank must be provided to the Division to satisfy this requirement. Water Quality Certification No. 3699 Water Quality Certification No. 3699 11. For all activities requiring re-alignment of streams, a stream relocation plan must be included for written Division 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 until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30-foot wide wooded and an adjacent 20-foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the . stream, but the applicant must provide written justification 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 in the US Army Corps of Engineers Wilmington District, April 2003 Stream Mitigation 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 parallel to and closer than 10 feet to a stream except for the following classifications; 50 feet to waters classified as WS (except WS-I or WS-V), B, SA, ORW, HQW, or SIB 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 in accordance with 15A NCAC 02T.0305(f). Utility 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 intermittent shall be installed either a) with no joints connected within the footprint of a stream channel or within 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, written approval from DWQ is required. 14. If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life/fish kills. 15. Herbicides can be applied in wetlands or other waters only when applied by a certified applicator, and in strict accordance with product labeling. 16. Placement of rip-rap shall be restricted to the stream bottom and banks directly impacted by the placement of the utility 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 of downstream of the crossing. 17. Annual native species suitable for wet locations shall be planted and established within jurisdictional wetlands for soil and erosion control. Non-native perennials such as fescue are prohibited. Water Quality Certification No. 3699 Water Quality Certification No. 3699 18. A one-time application of fertilizer to re-establish vegetation is allowed, but is restricted to no closer than 10 feet (3 meters) of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. 19. The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet (12.2 meters) in width in wetlands and across stream channels and must be minimized to the maximum extent practicable. 20. Permanent, maintained access corridors shall be restricted to the minimum 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 until the utility exits the wetland for buried utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, 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 discharge 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) Minimum 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 restoring wetland contours. Any excess material will be removed to a high ground disposal area. 23. If an environmental document is required under NEPA or SEPA, then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 24. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will 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 included within 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 Mail Service Center, Raleigh, NC, 27699-1650. 27.When written approval is required, the applicant is required to use the Certificate of Completion form attached to the cover letter to notify the Division when all activities authorized by this General Certification have been completed. 28. 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. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification No. 3699 Water Quality Certification No. 3699 Certification. If the construction process for approved activities will overlap the expiration and renewal date of the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit, 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. 29. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements 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, including failure to sustain a designated or achieved use, or that State or Federal law is being 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 herein set forth by a specific fill project may result in revocation of this General Certification for the project and may also result in criminal 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 project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality including 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 hearings may be held for specific applications or group of applications prior to a certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: November 1, 2007 DIVISION OF WATER QUALITY By een H. Sullins Director History Note: Water Quality Certification Number 3699 replaces Water Quality Certification Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022 issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on February 11, 1997, Water Quality Certification Number 3288 issued on June 1, 2000, Water Quality Certification Number 3374 issued on March 18, 2002, and Water Quality Certification Number 3625 issued on March 19, 2007. This General Certification is rescinded when the Corps of Engineers reauthorize Nationwide 12 or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3699