HomeMy WebLinkAbout19930679 Ver 1_COMPLETE FILE_19930812State of North Carolina
Department of Environment, XF
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Health and Natural Resources
•
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
E H N F?
A. Preston Howard, Jr., P.E., Director
August 23, 1993
Ms. Anne-Marie Kelly
Town Manager
Town Of Edenton
P.O. Box 300
Edenton, N.C. 27952
Dear Ms. Kelly:
Subject: Proposed fill in Wetlands or Waters
Force main installation
Chowan County
DEM Project # 93679
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.15 acres of wetlands or waters which are
tributary to Queen Anne Creek for force main crossing located near
Edenton Bay bridge in Chowan County as described in your submittal
dated 5 August 1993, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2664 issued January
21, 1992. A copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps of
Engineers' Nationwide Permit No. 12. An additional condition is that
a pressure check on the sewer line must be made annually from the date
of issuance of this Certification Results must be submitted to the
Washington Regional Office of DEM.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
reston war , Jr. P.E.
93679.1tr
Attachment
cc: Wilmington District C rps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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P. O. Box 300, Edenton, N. C. 27932 - (919) 482-2155
(919) 482-7377 - FAX
DEM ID: ACTION ID: An*
Nationwide Permit Requested (Provide Nationwide Permit #): General Permit A-1173 SUEn
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENT
NC DEPARTMENT OF ENVIR(
AND NATURAL RESOURCES
P.O. Bor. 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
r!!J'ji3 - 91993
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Town of Edenton
2. Owners Address: P.O. Box 300 Edenton, NC 27932
3. Owners Phone Number (Home): NA (Work): (919) 482-2155
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Ms. Anne-Marie Kelly, Town Manager
P.O. Box 300
Edenton, NC 27932 (919) 482-2155
5. Location of work (MUST ATTACH MAP). County: Chowan
Nearest Town or City: Edenton
Specific Location (Include road numbers, landmarks, etc.): Project is located over Queen Anne Creek ;
adjacent to the Edenton Bay Bridge
6. Name of Closest Stream/River: Queen Anne Creek
7. River Basin: Queen Anne Creek to Edenton Bay
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ) NO [ ] 11SB"
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO (X J
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0.15 AC
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: * 0.15 AC
TotalImpacted: 0.15 AC
*NOTE: UPON COMPLETION OF PROJECT FINISH GRADE WILL BE RETURNED TO PREPROJECT
rnNTnI IRC
'. ,*
NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEW, NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
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EDENTON, N. C.
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RECEIVED JUN 1 5 1993
401
IS.SUED
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James R Hunt, Jr., Governor
• Jonathan R Howes, Secretary
June 4, 1993
Ms. Anne-Marie Kelly
Town of Edenton
P. O. Box 300
Edenton, NC 27932
C uwe..
Dear Ms. Kelly:
Attached is General Permit #A-11733 to replace an existing bridge supported 14 inch
sewer main with a 14 inch subsurface main beneath Queen Anne's Creek in Edenton.
In order to validate this permit, ,please sign all three (3) copies as indicated. Retain the
white copy for your files and return, the ;yellow and pink signed copies to us in the enclosed,
self-addressed envelope..Vb?
WzcC . =:
Your early attention to this matter would be appreciated.
Sincerely,
Richard L. Watts
Field Representative III
RLW/kw
Enclosures
P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax 1919-733-0513
An Equal Opportunity Affirmative Action Employer
CAMA AND DREDGE AND FILL
GENERAL N? 11733A
PERMIT
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the o stal Resources Commission
in an area of environmental concern pursuant to 15 NCAC -1 ,DO
Applicant Name W Q?
Address P?. GAL S
City
Project Location (County, State Road,
Type of
PROJECT DESCRIPTION
Pier (dock) length
Groin length
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
Body, etc.)
Phone NumberZ Z IS.S
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In issuing this permit the State of North Carolina-certifies that
State A L , Zip -) 25732 _
applicant's signature
e?
permit officer's signature
je_? / 3
issuing date
expiration date
attachments a ho e-
tA _7 t , / -Z? a7_ZF57
EHNR - COASTAL MANAGEMENT TI SA: 07H .1600
SECTION .1600 - GENERAL PERMIT FOR THE INSTALLATION OF AEIttAL AND
SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL WETLANDS:
4 ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE SHORELINES
.1601 PURPOSE
This permit will alloW for the installation of utility lines both aerially and/or subaqueously in the coastal
wetland, estuarine water, public trust water and 'estuarine shoreline AECs according to the authority provided
in Subchapter W A 100 and according to the following guidelines. This general permit shall not apply to the
ocean hazard Am.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(6); 113A-118.1;
Eff. March 1, 1985.
.1602 APPROVAL )PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, dimensions
of the project area, and his name and address.
(b) The applicant must provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian property
owners indicating that they have no obj6ctions to the proposed work; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
` proposed work. Such notice should instruct adjacent property owners to provide any comments
on the proposed development in writing for consideration by permitting officials to the Division
of Coastal Management within ten days of receipt of the notice, and, indicate that no response will
be interpreted as no objection. DCM Staff will feview all comments and determine, based on their
relevance to the potential impacts of the proposed project, if the proposed project can be approved
by A General Permit. If DCM staff finds that the comments are worthy of more in-depth review,
the applicant will be notified that he must Submit att application for a major development permit.
(c) No work shall begin until an on-site tspetitig is held with the applicant and appropriate Division of
Coastal Management representative so that •the utility line alignatbnt can bb Appropriately marked. Written
authorization to proceed with the proposed 8evelopmbnt will be issued during this visit. Construction on the
utility line must begin within twelve months of this visit or the general lutborization expires.
History Note: Statutory Authority C.S. 113A-107(a)(b); 113A-113(b); 113A-118.1; 113A-229(cl);
Eff. March 1, 1985;
Amended Eff. January 1, 1990.
.1603 PERMIT FEE
The applicant must pay A permit fee of fifty dollars (550.00) by check or money order payable to the
Department.
History Note: Statutoryauthority G.S. t13-229(cl); 113A-107(a)(b), 113A-113(b); 113A-118.1;113A-119;
Eff. March 1, 1985;
Amended Eff. March 1, 1991.
.1604 GENERAL CONDITIONS
(a) Utility lines for the purpose of this general permit or any pipes or pipelines for the transportation of
potable water, and any cable, line, or wire for the transmission, for any purpose, of electrical energy,
telephone and telegraph messages, and radio and television communication.
(b) There must be no resultant change in preconstruction bottom contours. Authorized fill includes only
that necessary to backfill or bed the utility line. Any excess material must be removed to an upland disposal
area.
(c) The utility line crossing will not adversely affect a public water supply intake.
11
t 11/IUTT, !? A ff AT 1f11 l -a
(d) The utility line route or construction method will riot disrupt the movement of those species of aquatic
life indigenous to the waterbody.
(e) Individuals shall allow authorized representatives of the Department of Environment, Health, and
Natural Resources to make periodic inspections at any time necessary to ensure that the activitybeing
performed under authority of this general permit is in accordance with the terms and conditions prescribed
herein.
(f) This general permit may either be amended or repealed in whole or in part according to the provisions
of G.S. 113A-107 if the Commission determines that such action would be in the best public interest.
(g) This general permit will not be applicable to proposed excavation where the Department determines that
the proposed activity may significantly affect the quality of the environment or unnecessarily endanger
adjoining properties.
(h) This general permit will not be applicable to proposed excavation when the Department determines that
the proposed activity would adversely affect areas which possess historic, cultyral, scenic,. conservation or
recreational values.
(i) The Department may determine in some cases that this general permit is not applicable to a specific
installation proposal. In such cases an individual permit application and review of the proposed project may
be initiated using the application forms, fees and procedures required by 15A NCAC 73.
0) This permit does trot eliminate the need to obtain any other required state, local, or federal authorization,
nor, to abide by regulations adopted by any federal or other state agency.
(k) Development carried out under this permit must be consistent with all local requirements, AEC
guidelines, and local Land Use Plans current at the time of authorization.
History Note: Statutory Authority G.S. 113-229(cl), 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985;
Amended E,; . May 1, 1990.
.1605 SPECIFIC CONDITIONS
Proposed utility line installations must meet each of the following specific conditions to be eligible for
authorization by this general permit:
(1) All spoils which are permanently removed must be placed on a highground disposal site and
stabilized so as not to ' return to waters, marsh or other wetlands.
(2) Any additiohal backfill material required must be clean sand or rock free of organic matter.
(3) Cuts through wetlands must be minimized. -
(4) Finished grades or subaqueous ot-w6dand crossing must be -returned to preproject contours.
(5) There can be no work within any prA'16t1ve shellfish beds.
(6) No excavation or filling activities will be permitted between-Xpril I and September 30 of any year
within any designated primary nursery area. .
(7) Subaqueous lines must be placed at a depth of 6' below the project depth of federal projects. In
other areas they will be installed at a minimum depth of 2'. below the bottom contour.
(8) The minimum clearance for aerial communication lines or any lines not transmitting electricity will
be 10' above the clearance required for bridges in the vicinity.
(9) The minimum clearance for aerial electrical transmission lines shall be consistent with those
established by the U.S. Army Corps of Engineers and U.S. Coast Guard.
(10) The installation of a utility line on pipe bents or otherwise above the elevation of mean high or
mean ordinary water must be of sufficient height to allow for traditional navigation in the water _
body. Additionally the utility line must not interfere with the waterflow of normal or flood waters.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
NORTH CAROLINA ADMINISTRATIVE CODE 12111191 page 2
IC s ri
State of North Carc....a
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
DIVISION OF ENVIRONMTML FRUWE MT
29 April 1993
1 kf 1.9 ?
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Mr. Roy L. Harrell
Town of Edenton
P.O. Box 300
Edenton, North Carolina 27932
SUBJECT: SI01U4U TER APPROVAL
Edenton - EMI Sewer Additions
Chowan County
Dear Mr. Harrell:
..1'?'uFJ f
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'V
The Washington Regional office received your Erosion Control Plan
(or Stormwater Management Plan) for the subject project on 23 April 1993.
proposed project involves less than one acre of impervious area, therefore,
is exempt from the stormwater Regulations set forth in Title 15 NCAC
2H .1000. Any future development activity at this site may require an
additional review.
If you have any questions concerning this matter, please contact
Mr. Bill Moore at (919) 946-6481.
Sincerely,
Roger K. Thorpe, P.E.
Water Quality Regional Supervisor
cc: Braylley Bennett
e Wooten Conipany
The
it
R0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
!0
State of North Carolina
Department of Environment, Health and Natural Resoi
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889-1424
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
April 29, 1993
LETTER OF APPROVAL II
JOB NAME-*
Town of Edenton piT.
ATTN: The Honorable Roy L. Harrell, M&Yor'
P.O. Box 300 ]G$ ti0. 2¢_FIL- 11400L
Edenton, North Carolina 27932
RE: Erosion and Sedimentation Control Plan
Waste Water System Improvements
Edenton - Chowan County
Date Received: April 22, 1993
Responsible Party: Town of Edenton
Dear Mayor Harrell:
This office has completed its review of the erosion and
sedimentation control plan for the referenced project. The plans
show the installation of 15,230 L.F. of sewer.line and one lift
station. Based upon the information provided, we find the plan
to be acceptable and hereby issue this LETTER OF APPROVAL.
Please note that a copy of the latest approved soil erosion
control plan must be on file at the job site and that the use of
Rye grass is not in the approved seeding specifications and is
not an acceptable substitute for the providing of a ground cover.
The following minimal mandatory standards of N.C.G.S. 113A-50
through 71, and N.C.A.C. Title 15A, Chapter 4 are hereby made a
part of the approved plan:
-- a buffer zone, sufficient to restrain sedimentation, must
be maintained between the land-disturbing activity and
any adjacent property or watercourse [NCGS 113A-57(1)];
Pollution Pmveutiorr Pays
P.O. Box 2188, Washington North Carolina 27889-2188 Telephone 919-946-6481 FAX: 919-975-3716 919.946.6639
An Equal Oppoirlunity Affirmative Action Employer
Town of Edenton
ATTN: The Honorable Roy L. Harrell, Mayor
April 29, 1993
Page 2
-- new or affected slopes must be at an angle that can be
retained by vegetative cover and exposed slopes must be
provided with a ground cover sufficient to restrain
erosion within 30 working days of completion of any phase
of grading (rough or final) [NCGS 113A-57(2)]; and
-- a permanent ground cover, sufficient to restrain erosion,
must be provided within the shorter of 30 working or 120
calendar days after completion of construction or
development [NCGS 113A-57(3) and 15A NCAC 4B.0007(b)].
The sedimentation pollution control program is performance
oriented. It requires the use of appropriate methods to protect
adjoining natural resources and properties, both during and after
construction, from the effects of accelerated erosion. To ensure
compliance with the approved plan-and the program requirements,
periodic and unannounced inspections of the project will be made.
If the plan and/or its implementation is determined to be
inadequate to meet the requirements of G.S. 113A 51-66, this
office may require that the plan and/or its implementation be
revised to comply with state law.
Be advised that it is your responsibility to understand and
comply with the requirements of.the Act. Failure to properly
implement the approved plan, to affect areas in addition to those
designated to be affected in the approved plan, or to comply with
any requirements.of this program, could result in a civil penalty
assessment against the financially responsible party (Town of
Edenton) of up to $500 per day for each day the site is out of
compliance.
In recognizing the desirability of early coordination of
sedimentation control, we believe it would be beneficial for you
and your contractor to arrange a pre-construction conference to
discuss the requirements of the approved erosion and sedimen-
tation control plan. It would be appreciated if you would
contact this office to let Harry Bailey know the date of
construction start-up and the date of the pre-construction
conference.
The land-disturbing activity described in this plan may be
subject to the approval or permitting from other Federal, State
or local agencies. This could include the U.S. Army Corps of
Engineers under Article 404 jurisdiction, the Division of
Environmental Management under stormwater or water quality
f>" S?S?A7Eo i v
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street - Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
June 24, 1993
The Honorable Roy L. Harrell, Mayor
Town of Edenton
P.O. Box 300
Edenton, N.C. 27932
Subject: Permit No. WQ0007818
Town of Edenton
FY 91 Economic Development Project
Sewer Extension
Chowan County
Dear Mayor Harrell:
In accordance with your application received April 22, 1993, we are forwarding herewith Permit
No. WQ0007818, dated June 24, 1993, to the Town of Edenton, for the construction and operation of the
subject wastewater collection extension.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawek.27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
jrJR
CL1Ei1? : {
Z47?c FILE 141QEX: ---?''?"? `
l08 SOU
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
FA
r
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Mr. Thomas Brittian at 919/733-5083.
Sincerely,
cc: Chowan County Health Department
Washington Regional Office
Voot?n. Company
A. Preston Howard, JrfP.E .
D irector