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HomeMy WebLinkAbout20001085 Ver 1_Other Agency Comments_20090902UNITED STATES MARINE CORPS MARINE CORPS BASE PSC BOX 20004 CAMP LEJEUNE, NC 28542-0004 �©b0 [ ocS5 IN REPLY REFER TO: 5090.11.2 BEMD AUG 2 8 2009 From: Commanding Officer, Marine Corps Base, Camp Lejeune To: Commanding Officer, United States Army Corps of Engineers, Wilmington District 69 Darlington Avenue, Wilmington, NC 28403 (Attn: Mr. Mickey Sugg) Subj: GREATER SANDY RUN AREA WETLAND MITIGATION BANK ACCOUNTING Encl: (1) WETLAND MITIGATION BANK CREDIT SUMMARY TABLE, 18 Aug 09 (2) P -031B Sneads Ferry Rd and Marines Rd Utilities, Action ID 2009-00827 (3) P-031 Multi-purpose Machine Gun Range, Action ID 2007-03235 1. Enclosed is an updated Account Balance Sheet for the Greater Sandy Run Area (GSRA) Wetland Mitigation Bank aboard Marine Corps Base, Camp Lejeune. Camp Lejeune was recently issued final authorization for the Sneads Ferry Rd and Marines Rd Utilities Project, Action ID 2009-00827, and P031 Multi-purpose Machine Gun Range Project, Action ID 2007-03235. 2. Camp Lejeune debited 3.42 acres from the Pocosin Area portion of the Bank to provide compensatory mitigation for wetlands fill authorized per Enclosure 2 for the Sneads Ferry Rd and Marines Rd Utilities Project. Camp Lejeune debited 121 acres from the Pocosin Area portion of the Bank to provide compensatory mitigation for wetlands fill authorized per Enclosure 3 for the P031 Multi-purpose Machine Gun Range Project. 3. The number of mitigation credits used by Camp Lejeune for all approved permitted projects is 766.502 (638.162 pocosin credits and 128.340 bottomland hardwood credits). The total number of unused available credits is 483.998 (99.860 bottomland hardwood credits and 384.138 pocosin/pine flatwoods credits). !I @ C� Ll til Lam' P S E P - 2 2009 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Subj: GREATER SANDY RUN AREA WETLAND MITIGATION BANK ACCOUNTING 4. The point of contact for this project is Mr. Martin Korenek, Environmental Conservation Branch, Environment and Installations Department, at (910) 451-7235 or email martin.korenek@usmc.mil. Sincerely, JOHN R. TOWNSON Director, Environmental Management By direction of the Commanding Officer Copy to: Mitigation Bank Review Team (MBRT) E Ronald Mikulak, EPA Region IV Ron Sechler, NMFS Howard Hall, USFWS Region IV Melissa Carle, DCM, NCDENR Steve Everhart, WRC, NCDENR Amanda Mueller, DWQ, NCENR 3 :3 O_ m Q CL j CD am c 0 0 3 W o G) m n N D -9 a� m cn CL Va fv O m Q 7 �v m O Cl) CD n o O -a C -m c � v �. CD CD SD CL CD co w (D (D (D W S N (D H cc 00 O coS m m m U) v m z C a v O z W a z A n 0 O c z I z Q CAC a -0-0 Om m e 8 QQ Ol (D p fD U)N N 01 $CL O a a pl Z ? � oD m 'a (D (D c CD °' a o w n 3 o x S CL 3 g CL H CD A p fla 0 pr m m 13 17 1 J 00OD a CIO to OD 0) R � s o 0 0 y 0 2 n 9 o o90 p S � N C c z m w 0 A K m -+ Go N ()1 co S 0 OD 0 OD cc 00 O coS m m m U) v m z C a v O z W a z A n 0 O c z I z Q CAC m Q N c� O c 13 v CL �v 0 W m CL c N' cD CL 0 CO) m 3 v Q fA i 00 0 m D m m Cl) v m Z m a q Z v O Z Z A n n O C Z Z 0 C z �ww>-A wrnC((�WOnoit((�°W-N 30 -+ W wwCA MCA) N Ja �I -� CA ro co W CO � 0 0 n N w su CD CD N CD 000888 O OpNpNpNNpoCD0 ZNo�OA o88-� (W 0 0 �OO Ln 0nN0� Zrn OD w �W"4 OOD 000 V NCO p (NN � (A 0 CO O .41 OD -Al W V c In V Mow 6F OODI$S W O--O(J0+�OD N N AWSO-O NA 88(NJ �� pp pp NVm VNWO0owl" N O O 00000-40000 O O O o m o 3 CL j ONDOOOOOOOOOWDO-� 1 AONO 000000o$oo�o$oo 0 a V p� f 1 Cn 0 K No ppcOOOCOW 0 0 0 V 0 0 0 0 0 0 CCca A 0 0 3 �Q .i Ob V-+WOPPOWCAOp.?NNCOpV V -► OD CO W jiCOtNJi �W Cif SO NCWO -1 VSpODO(��OO(�D OOOOCDSSS OOSO No 92, �9 CL ,n��0000000go�rnw�ovo 0 0 8 8 S SOW Soo0000 V W W0 0 W O O 0 m_ �a 9-4 O -�WOAOG OD 0)0 1 -1 CA) W -y (7) -• VCOA v V 3 v W V cn Q7 A? N 0-I W A -I Oo000Do000000 IV 0 aD O O W A W 0 d0 p W CW "" 0 A v N 0 � i 00 0 m D m m Cl) v m Z m a q Z v O Z Z A n n O C Z Z 0 C M U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2009-00827 County: Onslow USGS Quad: New River Inlet GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: US Marine Corps Base, Cama Lejeune Address: Attn: John R. Townson Director, Environmental Manseement Division Buildine 12, Room 245 McHueh Boulevard Camp Lejeune, NC 28541 Telephone No.: (9101451-5003 Size and location of property (water body, road name/number, town, etc.): Seven miles of utilities on Sneads Ferry Road and Marine Road in Jumpine Run Creek, Frenchs Creek, Duck Creek and unnamed tributary to Duck Creels= Onslow County, USMCB, Camp Lejeune, Hydrologic Cataloeine Unit 03030001. Description of projects area and activity: the excavation and replacement of soil material for the construction of water and power utilities at 13 locations and the clearine and mantenance of a 25 -foot utility corridor impacting 3.42 acres of forested wetlands.. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 12 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Mr. Richard K. Spencer at (910) 2514172. Corps Regulatory Official 46*5L,f; Date: 23 June 2009 Expiration Date of Verification: 23 June 2011 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatoEy.usacesurvey.com/ to complete the survey online. Copy Furnished: Ms. Joanne Steenhuis, DWQ Action ID. 2009-00827 County: Onslow USGS Quad: New River Inlet GENERAL PERMIT SPECIAL CONDITIONS 1. Failure to institute and carry out the details of the following special conditions below will result in a directive to cease all ongoing and permitted work within waters of the United States, including wetlands, associated with the permitted project, or such other remedies and/or fines as the U.S. Army Corps of Engineers District Commander or his authorized representatives may seek. 2. Sediment and erosion control measures shall be in place prior to any land clearing activities. 3. Dewatering of the construction site shall be accomplished by pumping to a maintained silt bag or approved silting basin. All connections and hose lines shall be inspected for proper coupling fit and leaks before the commencement of the daily work. Used silt bags shall be changed out in accordance with manufacture's specifications and not allowed to overcharge and release sediment to the surface waters and/or wetlands. Silt bags will not be located within any wetland or surface water. 4. Staging areas or the stockpiling of construction material shall not be located in any wetlands. 5. Compensatory mitigation for the conversion of 3.42 acres of forested wetlands associated with the proposed project shall be mitigated by MCB, Camp Lejeune by debiting 3.42 acres of forested wetlands from the Greater Sandy Run Area Wetland Mitigation Bank. Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 22 August 2008. Action 1D 2008-01050 Basis of Jurisdictional Determination: OHWM and 1987 Delineation Manual Wetlands are hydrologically connected to Duck Creek, Frerichs Creek and Jumping Run Creek, relatively permanent waters which flow to New River, a navigable waterway. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Richard K. Spencer, Project Manager, Wilmington Regulatory Division Office 69 Darlington Avenue Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by NA. **It is not necessary to subm�anRFAorm to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date 23 June 2009 Expiration Date NA SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Action ID Number:2009-00827 County:Onslow Permittee: US Marine Corps Base, Cama Leieune Date Verification Issued: 23 June 2009 Project Manager: Richard K. Spencer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date REPLY TO ATTENTION OF: N -RG (1145b) DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 31 July 2009 MEMORANDUM FOR Commander, U.S. Marine Corps Base Camp Lejeune, Attn: John R. Townson, Director, Environmental Management Division, Building 12, Room 245, McHugh Boulevard, Camp Lejeune, NC 28541 SUBJECT: Action ID: 2007-03235, USMC/Camp Lejeune/P03 I Multi-purpose Machine Gun Range 1. In accordance with your complete written request of 23 April 2007, and the ensuing administrative record, enclosed is a Department of the Army (DA) permit to directly discharge dredged and/or fill material into jurisdictional wetlands to facilitate the construction of the P-1, Multi-purpose Machine Gun Range within the G-10 Impact Area, MCB, Camp Lejeune, Onslow County, North Carolina. 2. If any change in the authorized work is required because of unforeseen or altered conditions or for any other reason, the plans revised to show the change must be sent promptly to this office. Such action is necessary, as revised plans must be reviewed and the permit modified. 3. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of federal law. Certain significant general conditions require that: a. You must complete construction before 31 December 2014. b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. Atlanta, Georgia 30303 DEPARTMENT OF THE ARMY PERMIT RECEIVED Permittee U.S. Marine Corps Base, Camp Lejeune iUL 3 0 2009 REGULATORY Permit No. SAW -2007-03235 WILM.F MOFf',. Issuing Office USAED, WILMINGTON NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description : to directly discharge dredged and/or fill material into tributaries and associated wetlands to facilitate the construction of the P- 1, Multi-purpose Machine Gun Range within the G-10 Impact Area, MCB Camp Lejeune, in Onslow County, North Carolina. Project Location: The proposed project is located in adjacent wetlands and tributaries that are hydrologically connected to the New River or the Intracoastal Waterway, Hydrologic Cataloging Unit 03030001 and 03020106, respectively. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2014 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit, Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. 2 e_ Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a_ You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit, Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, �as/permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. 19 N. 3_ r1`7 (PERMITTEE)U.S. MA RIN CORPS BASE, CAMP LEJEUNE (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT ENGIN) JEFF k'4 �m A 7 A RYSCA AGE, CO ON (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terns and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425