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
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[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
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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