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HomeMy WebLinkAbout19950504 Ver 1_COMPLETE FILE_19950523State of North Carolina 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 LT"? F IT7 A&4jreA [DEHNR May 24, 1995 Onslow County DEM Project # 95504 APPROVAL of 401, Water Quality Certification Mr. Gregory Churchill Rivers and Associates P. O. Box 129 Greenville, N.C. 27835 n V, FILE COF Dear Mr. Churchill: You have our approval to install 12 water line under the AIWW from Grandview Drive to Marina Way in West Onslow Beach, as you described in your application dated 11 May 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2664. This certification allows you to use Nationwide Permit Number 12 or its equivalent when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, f4e'sto?n oward, Jr. P. A. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files 95504.1tr 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 DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM Date: May 15, 1995 To: John Dorney Planning Branch From: James H. Gregson Wilmington Regional ffice Through: Dave Adkins Wilmington e ' nal Office Subject: Onslow County Water Department AIWW Water Main Crossing Onslow County * 1%01' ?F ' ?` sc/??cFs The applicants propose to install a 12" water main under the AIWW. The installation method has not been selected. Per our conversation today, I have no objections to this project. CAMA has. already issued a General Permit for the installation of 550' of water line within the AEC. The applicants are requesting that a General Water Quality Certification be issued for the project, however, as we discussed, it is unclear what action we need to take since: 1) a permit has already been issued and 2) we have no General Certification for the COE/Cama 291 General Permit. Call me if you need additional information. JHG: Rivers. May cc: Wilmington Regional Office Files Central Files Rivers V _ _ &Associates, Inc. r. Jim Gregson North Carolina Department of Environmental, Health & Natural Resources Water Quality Section 127 Cardinal Drive Wilmington, NC 28405 ........................... May 11, 1995 Engineers Planners Surveyors Subject: Onslow County Intracoastal Waterway Crossing Rivers File 94387D Dear Mr. Gregson: The Onslow County Water Department is proposing to install a 12" subaqueous water main beneath the Intracoastal Waterway from Grandview Drive in Chadwick Acres to Marina Way in West Onslow Beach. This water main will provide a second water source from the mainland to the beach community. On behalf of Onslow County, I request that you grant a General Water Quality Certification for this project. A copy of the plan and profile on 8 1/2" x 11" paper, as well as, the full plan/profile sheet is attached for your review. The design includes provisions for installation by cut and cover methods (dredge, air jet, air lift) and horizontal directional drilling. The project will be bid based on multiple installation methods. The decision on the installation method will be based on the most economical alternative. The proposed profile for each alternate installation method is depicted in the profile. I have also enclosed for your use the following: Council of State approval. State of North Carolina easement to Onslow County. CAMA Dredge and Fill General Permit. Should you have any questions, please do not hesitate to call. With best regards, ? f l ?V Gregory J. Churchill, P.E. GJC:bb Enc. cc: Mr. Jeff Richter, Department of Army, Corps of Engineers Mr. Rick Leary Mr. Bill Harvey Col. Bozarth File MAY 12 1995 1313 11\UGREGSN.511 107 East Second Street • Post Office Box 921) 9 Greenville. North Carolina 27835 • (919)752-4135 • FAX (919)752-3974 Ri. ers __v &Associates, May 11, 1995 Inc. r. Jeff Richter Department of the Army, Wilmington District Corps of Engineers PO Box 1890 Wilmington, NC 28402-1890 Subject: Onslow County Intracoastal Waterway Crossing Rivers File 94387D Dear Mr. Richter: E nt;incers Planners Surveyors The Onslow County Water Department is proposing to install a 12" subaqueous water main beneath the Intracoastal Waterway from Grandview Drive in Chadwick Acres to Marina Way in West Onslow Beach. This water main will provide a second water source from the mainland to the beach community. I spoke with Mr. Cliff Winefordner of your office who has indicated that the crossing must comply with the Corp's General Permit. Therefore, on behalf of Onslow County, I request that you grant a General Permit for this project. A copy of the plan and profile on 8 1/2" x 11" paper, as well as, the full plan/profile sheet is attached for your review. The design includes provisions for installation by cut and cover methods (dredge, air jet, air lift) and horizontal directional drilling. The project will be bid based on multiple installation methods. The decision on the installation method will be based on the most economical alternative. The proposed profile for each alternate installation method is depicted in the profile. I have also enclosed for your use the following: 1. Council of State approval. 2. State of North Carolina easement to Onslow County. 3. CAMA Dredge and Fill General Permit. Should you have any questions, please do not hesitate to call. With best regards,, )?7 Cu??u. Gregory J. Churchill, P.E. GJC:bb Enc. cc: Mr. Jim Gregson, NCDEHNR, Water Quality Section Mr. Rick Leary Mr. Bill Harvey Col. Bozarth File BB11URICHTR.511 107 East Seconcl Street • Post Office Box 929 • Greenville, North Carolina 27835 • (919)752-4135 • FAY (919)752-3974 'n a ? b U 4 ?, a W g I ? ? H m ? At j ^ W ? o ? W h? W ? _ o n h h W O y? h m I m? Q? I n ?I f I 1 ? Q n h I r? I ?V e R R u h ?O r? o ? m g R? !yam ? or i n b o? q h m h s W $g ?? 1491 Ih - I , 99. t g - L 1 - O > Lu e L4 2 ti z R c W ?z g ?z 0 Q k4- CO 'K W 2?4?? m Ci 4? CAMA AND D DGE AND FILL GENERAL N°• 14256-D PERMIT as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Co stal Resources Commission in an area of environmental concern pursuant to 15A NCAC 714 I fIr 00 7 5/S/ l I 0 Applicant Name &S' dun ? e Phone Number 10 Address qQQ e, 0KJ r4 City C_ L r1 State U Zip a 5 6 Project Location (County, State Road, Water Body, etc.) &SIOLkJ, /Ah U?crt,? rf?(`',r (o_)) btAX?v Et1Se,-en4 ClroSS i nq l,tJ t1 der cJ ?Rt Lt! u 1 Type of Project Activity PROJECT DESCRIPTION SKETCH (SCALE: ) Pier (dock) length ' Wr ? r 11'n u 1 n sbi fed A-Cro sS 4c-) ------ ems- Groin length - - .?LJ l pup t - u?lEr w?r,df??ck? f?Cres ? ? number Bulkhead length max. distance offshore 611 _ Basin, channel dimensions cubic yards Boat ramp dimensions other :.-..---.___..._...._... _ ..._ . ?.. _ ... _. .. _ . _ . _ ._ _ ._ .. _.._.. _...._. `5? O' of (tJAKr (; r%tJ - - - - 1,% S4*11ed w A-. •, - 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 this project is consistent with the North Carolina Coastal Management Program. licant's signature permit officer's signature [issuing date expiration date attachments woo application fee EHNR - COASTAL AftNAGEMEN'T TI SA: 07H.1600 SECTION .1600 . GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND SUBAQUEOUS UTILITY LLNES "TTH AI TENDAN7 STRUCTURES IN COASTAL R'ETLANDS: ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE SHORELINES .1601 PURPOSE This permit will allow for the installation of utility lines both aerially and/or subsqueously in the coastal wetland, estuarine water, public trust water and estuarine shoreline AEG according to the authority provided in Subchapter 71 A 100 and according to the following guidelines. This general permit ahall not apply to the ocean hazard AECs. History Note: Statutory Authority G. S. 113-229(el); 113A-107(a)(b); 113A-113(b); I13A-118.1; F,ff.. 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 objections 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 review 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 an application for a major development permit. (c) No work shall begin until an on-site meeting is held with the applicant and appropriate Division of Coastal Management representative so that the utility line alignment can be appropriately marked. Written authorization to proceed with the proposed development will be issued during this visit. Construction on the utility line must begin within twelve months of this visit or the general authorization expires. History Note: Statutory Authority G. S. 113A-107(a)(b); 113A-113(b); 113A-118.1; I MA-229(cl); Eff. March 1, 1985; Amended E f. January 1. 1990. .1603 PERMIT FEE The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to tie Department. History Note: Statutory Authority G. S. 113-229(e1); II3A-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 eoesgy, 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. NORTH CAROLINA ADMINISTRA7nT CODE 06129194 PW 1 EHNR - COASTAL MAI,-DEMENT TISA: 07H.1600 (d) The utility line route or construction method will not 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 inspection at any time necessary to ensure that the activity being performed under authority of this general permit is in accordance with the terms and condition prescribed herein. (f) 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, cultural, scenic, conservation or recreational values. (g) This general permit will not be applicable to proposed installation where the Department believes that the proposed activity might significantly affect the quality of the environment or unnecessarily endanger adjoining properties. 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 W. (h) This permit does not eliminate the need to obtain any other required state, local, or federal authorization, nor, to abide by regulation adopted by any federal or other state agency. (i) Development carried out under this permit must be consistent with all local requirements, AEC guidelines, and local Land Use Plan current at the time of authorization. History Note: Statutory Authority G.S. 113-229(el); 113A-107(a)(b); 113A-113(b); 113A-118.1; Eff. March 1, 1985; Amended Eff. May 1, 1990: RRC Objection due to ambiguity Eff. May 19, 1994; Amended Eff. July 1, 1994. .1605 SPECIFIC CONDITIONS Proposed utility line installation 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 additional 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 or wetland crossing must be returned to preproject contours. (5) There can be no work within any productive shellfish beds. (6) No excavation or filling activities will be permitted between April 1 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 projecu. In other arw 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 installs ion 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 water. History Note: Statutory Authority G. S. 113-229(el); 113A-107(a)(b): 113A-113(b); 113A-118.1; Eff. March 1, 1985. NORTH CAROLINA ADMINISTRATIVE CODE 06129194 .. Page 2 RE 94; 10 North Carolina Department of Administration James B. Hunt Jr., Govemor Katie G. Dorsett, Secretary April 4, 1995 Mr. Gregory J. Churchill, P.E. Rivers and Associates, inc. 107 East Second Street P. 0. Box 929 Greenville, NC 27835 Re: Council of State Approval Dear Mr. Churchill: State Property Office Wallace R. Sherron, Director File No. 67-D This is to advise you that the Council of State, at its meeting held on the above date, approved the attached item. This matter will be referred to the Attorney General's Office at the appropriate time for preparation of documents. the meantime, if you have any questions regarding the transaction, please contact this office. Very truly youFs, 4?//a?llace R. Sherron Director = WK/i f cc: Mr. T. Buie Costen Attachment State Property office 0 116 West Jones Street • Raleigh 27603.8003 Telephone 919.733.4346 Fax 919.733-1431 State Courier 51-01-W An Equal Opportunity / Affirmative Action Employer qX3 DISPOSITION BY EASE Nom' F' i No. 67-D GRANTOR: State of NC, Department of Environment, Health and Natural Resources, Division of Coastal-Management GRANTEE% Onslow County Water Department LOCATION: Stump Sound Township, Onslow County EASEMENT AREA: 710.09 linear feet CONSIDERATION: $100 administrative fee COMMENTS: Proposed easement will allow for the installation of a twelve inch water main crossing the Intracoastal Waterway as a second service point to the West Onslow Beach Community'.. Easement will b,?_- graxited* subject -to all necessary State and federal permits. MICHAEL P. EASLEY ATT()l NEA GENEHAL J? %TAii,., r ? 3 ,4 State of North Carolina I Wpim mcni nl luslicc R'%l'l :I(il 1 2 7 G02 ()621 May 1, 1995 Mr. Gregory J. Churchill Rivers and Associates, Inc. Post Office Box 929 Greenville, North Carolina 27835 Re: Easement to the County of Onslow Our File No. 67-D Dear Mr. Churchill: REPLY TO: Teresa L. White Property Office (919) 733-7408 Enclosed please find properly executed easement from the State of North Carolina to the County of Onslow to construct and maintain a twelve-inch subaqueous water main under and across the Intracoastal Waterway in Stump Sound Township, Onslow County, North Carolina. If you have any questions, please do not hesitate to call. Very truly yours, "IT wl, Teresa L. White Assistant Attorney General TLW:lbb Attachment An Equal opportunity / Affirmative action Employer r - STATE OF NORTH CAROLINA COUNTY OF ONSLOW EASEMENT THIS EASEMENT, made and entered into this the _A6 __Zday of 4AZ.& 1995, by and between the STATE OF NORTH CARO- LINA, a body politic and corporate, hereinafter referred to as GRANTOR, and the COUNTY OF ONSLOW, hereinafter referred to as GRANTEE: W I T N E S S E T H: THAT, WHEREAS, the North Carolina Department of Environment, Health and Natural Resources, Division of Coastal Management, has authorized and approved the execution of this instrument for the purposes herein expressed; and, WHEREAS, the execution of this instrument for and on behalf of the State of North Carolina has been duly approved by the Council of State by resolution adopted at a meeting held in the City of Raleigh, North Carolina, on the 4th day of April, 1995. NOW, THEREFORE, in consideration of the sum of ONE HUNDRED DOLLARS ($100.00), the receipt of which is hereby acknowledged, the Grantor does hereby grant unto Grantee, its successors and assigns, the right, privilege and easement to construct, operate and maintain a twelve-inch subaqueous water main under and across the Intracoastal Waterway lying and being in Stump Sound Town- ship, Onslow County, North Carolina, and more particularly described as follows: That certain tract or strip of land having a width of 20 feet crossing the Intracoastal Waterway, Stump Sound Township, Onslow - 2 County, North Carolina, and being more par- ticularly described as follows: BEGINNING at a point along the northern bank of the Intracoastal Waterway at the mean high water line said point being located S 18° 50' 40" E 237.0 feet from the northwest corner of Lot 58, Chadwick Acres, Inc., recorded in Map Book 7, page 57, of the Onslow County Regis- try, thence from said POINT OF BEGINNING and with the mean high water line along the northern bank of the Intracoastal Waterway N 71° 09' 20" E 20.00 feet to a point in said line thence crossing the Intracoastal Water- way S 18° 50' 40" E 378.36 feet to a point along the southern bank of the Intracoastal Waterway in the mean high water line thence along the southern bank of the Intracoastal Waterway with the mean high water line S 71° 09' 20" W 20.00 feet to a point in said line thence crossing the Intracoastal Waterway N 18° 50' 40" W 378.36 feet to the point of BEGINNING, and being a strip of land 20 feet in width centered 10 feet on either side of the proposed water main to be installed by Onslow County Water Department. IT IS UNDERSTOOD AND AGREED BETWEEN THE GRANTOR AND GRANTEE: That if said subaqueous water main is not operated at the loca- tions described above for a continuous period of twelve (12) months, the easement herein granted shall be deemed abandoned. It is further understood and agreed that this conveyance is made subject to the condition that the Grantee shall properly obtain all necessary permits required by State and federal law. Failure to obtain such permits in a timely manner shall be deemed an abandonment of said easement. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto said Grantee, its successors and assigns, for so - 3 - long as Grantee maintains said subaqueous water main and no longer. IN TESTIMONY WHEREOF, the STATE OF NORTH CAROLINA has caused this instrument to be executed in its name by JAMES B. HUNT, JR., Governor, attested by RUFUS L. EDMISTEN, Secretary of State, and the Great Seal of the State of North Carolina to be hereto affixed by virtue of the power and authority aforesaid. STATE OF NORTH CAROLINA By 2 . ? vernor • ATTEST: By S cr t y of State APPROVED AS TO FORM: MICHAEL F. EASLEY ATTORNEY GENERAL By ??''k wW?W Teresa L. White Assistant Attorney General V - 4 - STATE OF NORTH CAROLINA COUNTY OF WAKE a Notary Public in and for the County and State aforesai , do hereby certify that RUFUS L. EDMISTEN, Secretary of State of North Carolina, person- ally came before me this day and acknowledged that he is Secre- tary of State of North Carolina, and that by authority duly given and as the act of the State, the foregoing instrument was signed in its name by JAMES B. HUNT, JR., Governor of the State of North Carolina, sealed with the Great Seal of the State of North Caro- lina, and attested by himself as Secretary of State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the 115 day of \ 1995. 1j" r-L) I/ !3?. &/' ? *_ - Notary ub is My Commission Expires: 10_C;&-91