HomeMy WebLinkAbout20001085 Ver 1_Approval Letter_20110613Y,
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
June 13, 2011
Marine Corps Base Camp Lejeune
Attn: Mr. Carl Baker, Deputy Public Works Officer
Public Works Division
1005 Michael Road
Camp Lejeune, NC 28542
Re: P- 032 Infantry Platoon Battle Course, Holly Ridge, Onslow County
DWQ Project # 2011 0120, USACE Action ID. No. 2011 00257
Holly Shelter Swamp Creek, (030623, 18- 74 -33, C, SW)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Baker:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3861 issued to Mr. Carl Baker, Deputy Public Works Officer,
Public Works Division US Marine Corps Base Camp Lejeune, dated June 13, 2011. In addition, you should get
any other federal, state or local permits, before you go ahead with your project including (but not limited to) Solid
Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Land Quality, Non - discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sin ely,
y
6�Colleen Sullins
CHS /ijm
Attachments: Certificate of Completion
cc: Martin Korenek, USMC, Marine Corps Base, PSC Box 20004, Camp Lejeune, NC 28542 -0004
Becky Fox, 1307 Firefly Road, Whittier, NC 28789
Richard Spencer Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Tammy Hill, DWQ, Program Development
Nick Mills, DLR, Wilmington Regional Office
Stephen Rynas, DCM Morehead City
Anne Deaton, DMF
File Copy
Filename: 1 10120USMCP0321nfantryPlatoon BattleCourse(Onslow)401 _IC
Vetlands, Buffers, Stormwa +ei, Compliance and Permitting Unit (VVeBSCaPe) One
650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarohna
'hone 919-807-6301 1 FAX 919 - 807 -6494
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�n Equal Opportunity 1 Affirr.ative Act :on Employer
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US Marine Corps Base Camp Lejeune
Attn: Mr. Carl Baker Public Works Officer
Page 2 of 7
June 13, 2011
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 -500 and
95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15
NCAC 2H, Section .0500 to Mr. Carl Baker, Public Works Officer with the Public Works Division of the US
Marine Corps Base Camp Lejeune, to temporarily impact 6.26 acres of jurisdictional wetlands and to permanently
impact 71.65 acres of jurisdictional wetlands and 983 linear feet of streams in the Cape Fear Basin for the proposed
P -03,2 Infantry Platoon Battle Course located near Holly Ridge, in Onslow County, North Carolina, pursuant to an
application filed on the 2nd day of February 2011, and in additional correspondences received on May 19, 2011,
June 2, 2011, June 6, 2011, June 9, 2011 and June 10, 2011.
The application and supporting documentation provides adequate assurance that the proposed work will not result
in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of
PL 92 -500 and PL 95 -217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.
This approval is for the purpose and design submitted in the application materials and as described in the Public
Notice and revised during the project phases to reduce impacts. The approved plans and specifications for this
project are incorporated by reference and are an enforceable part of the permit. If the project is changed, prior to
notification a new application for a new Certification is required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions
of this Certification. Any new owner must notify the Division and request the Certification be issued in their
name. Should additional wetland or stream fill or impacts be requested in the future, additional compensatory
mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the
approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ
shall be notified in writing and a new application for 401 Certification may be required. For this approval to be
valid, compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following additional impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved
including incidental impacts:
Type of Impact
Amount Approved nits
Plan Location or Reference
404/401 Wetlands
Permanent Impacts
WIA 1 — 0.57 ac
Sheet ER 100 (attached)
WIA2 —1.25 ac
WIA 3 — 24.47 ac
WIA 4 — 15.60 ac
WIA 5 —29.63 ac
WIA 6 — 0.13 ac
Temporary Impacts
TWI 1 — 0.03 ac 1199.31 sq ft
Sheet EC 102, 106, 107
TWI 2— 0.06 ac 2821.87 sq ft
Sheet EC 101, 108, 109
TWI 3 — 3.12 ac 135773.38 sq ft
Sheet EC 101, 126
TWI 4 — 0.02 ac 1080.70 sq ft
Sheet EC 102, 112,126
TWI 5 — 1.39 ac 60612.55 sq ft
Sheet EC 102; 119, 127
TW16 — 0.01 ac 274.26 sq ft
Shcet EC 102, 119, 120, 127
TIM 7 — l'33 ac 14532.89 sq ft
Sheet EC 103, 119, 121
US Marine Corps Base Camp Lejeune
Attn: Mr. Carl Baker Public Works Officer
Page 3 of 7
June 13, 2011
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices
in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities, including
the design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur.
Silt fences shall be placed on all wetlands within fifty feet of land disturbance.
Any violations of this condition including turbidity and failed silt fences MUST be reported to the
Wilmington Regional Office immediately at 910.796.7215.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of
Land Resources has released the project;
TWI 8 — 0.41 ac 17797.05 sq ft
Sheet EC 103, 123
TWI 9 — 0.25 ac 10957.66 sq ft
Sheet EC 103, 122, 123, 124
TWI 10 — 0.15 ac 6316.48 sq ft
Sheet EC 103, 117
TWI 11 — 0.01 ac 235.62 sq ft
Sheet EC 103, 117, 118
TWI 12 — 0.01 ac 295.25 sq ft
Sheet EC 103, 117, 118
TWI 13 — 0.32 ac 14031.30 sq ft
Sheet EC 103, 117,118
TWI 14 — 0.15 ac 6603.44 sq ft
Sheet EC 103, 118
Total 6.26 ac 272531.77 sq ft
Streams
Stream 1
LWC # 3 — 10 if
Sheet ER - 202
P -8 - 18 if
Sheet ER — 202
LWC # 4 — 10 if
Sheet ER — 203
Stream 2
LWC # 5 — 10 if
Sheet ER — 204
Fill - 915 if
Sheet ER — 205
Stream 3
P -15 - 20 If
Sheet ER - 413
Total
9831f
Waters
N/A
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices
in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities, including
the design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur.
Silt fences shall be placed on all wetlands within fifty feet of land disturbance.
Any violations of this condition including turbidity and failed silt fences MUST be reported to the
Wilmington Regional Office immediately at 910.796.7215.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of
Land Resources has released the project;
�j
US Marine Corps Base Camp Lejeune
Attn: Mr. Carl Baker Public Works Officer
Page 4 of 7
June 13, 2011
Road Crossings:
5. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.pdf) such as sandbags, rock
berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of
the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the
pipes are installed in a perched manner, the pipes shall be removed and re- installed correctly.
All authorized culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium
of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The
applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing
by DWQ. Culverts shall be placed so that the opening(s) match the natural stream channel wherever
possible. Bank -full flows (or less) shall be accommodated through maintenance of the existing bank -full
channel. Additional culverts shall be allowed only to receive flows exceeding bank -full. Field
adjustments of the culvert placements may be necessary to correctly install the culverts.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must
be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is necessary, it
shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality.
6. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCG010000) administered by DWQ is automatically issued to the project.
This General Permit allows stormwater to be discharged during land disturbing construction activities as
stipulated by conditions in the permit. If your project is covered by this permit [applicable to
construction projects that disturb one (1) or more acres], full compliance with permit conditions including
the sedimentation control plan, self - monitoring, record keeping and reporting requirements are required.
A copy of this permit and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/forms Documents. htm.
US Marine Corps Base Camp Lejeune
Attn: Mr. Carl Baker Public Works Officer
Page 5 of 7
June 13, 2011
7. Temporary Fills /Impacts
All temporary fill and culverts shall be removed and the impacted area returned to the original grade,
including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed and
bed profile after construction is complete or within 6 months of the establishment of the crossing or the
completion of the phase of the project the impact occurred, whichever is sooner, and the various sites
shall be stabilized with natural woody vegetation (except for the maintenance areas of permanent utility
crossings) and restored to prevent erosion. If the temporary impacts /crossings are not completely
removed and restored as described above within the specified time above, additional written approval
from this Office must be obtained to modify this condition.
These sites will need to be monitored quarterly for at least two years with photo documentation and any
remediation that may be necessary. The monitoring may be extended up to another 3 years, if the
restoration sites have not adequately recovered.
8. Construction Plans
Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
9. Continuing Compliance:
Mr. Carl Baker, Public Works Officer with the Public Works Division of the US Marine Corps Base
Camp Lejeune and his authorized agents and /or contractors, shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State
law and federal law. If the Division determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that State or federal law is 'being violated, or that
further conditions are necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and requirements
in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify
Mr. Carl Baker, Public Works Officer with the Public Works Division of the US Marine Corps Base
Camp Lejeune and his authorized agents and /or contractors and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Carl
Baker, Public Works Officer with the Public Works Division of the US Marine Corps Base Camp
Lejeune and his authorized agents and /or contractors in writing, shall be provided to the United. States
Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water
Act, and shall also become conditions of the 404 Permit for the project;
Mitigation:
10. Compensatory Mitigation
Type of Impact Compensatory Mitigation Required River and Sub -
basin Number
Stream 983 linear feet of impacts will be mitigated by the relocation of CPF'23 /18 -74 -33
the stream (1,241 linear feet of relocated stream shall be created)
as shown on Sheet ER 205 and detailed on Sheet ER 302. Due to
the proposed vide bottom of i he restored stream section the flow
of the water will allow for the natural development of sinuosity
per e -mai; dated June I, 2011)( see a;so Sheets Er 403, 404 &
US Marine Corps Base Camp Lejeune
Attn: Mr. Carl Baker Public Works Officer
Page 6 of 7
June 13, 2011
Monitoring
11. Stream Monitoring for the relocated stream mitigation
a. A report must be submitted annually to both the Central Office of the Division of Water Quality and
the Wilmington Regional Office of DWQ, for five years or until it is deemed successful. This report
must be received by June 1 of each year.
b. The monitoring results will be reviewed by the NCDWQ. If NCDWQ has concerns regarding status of
the stream function or stability, the NCDWQ will contact the USMC for a site meeting to re- evaluate
the system and the DWQ may require additional measures.
c. If at the end of the required monitoring of the stream, the stream is not functioning as required and
therefore not meeting the required mitigation for the proposed stream impacts covered by this
Certification, then other or additional compensatory mitigation (described in 15A NCAC 2H .0506)
will be required.
Other conditions:
12. Equipment
All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or
chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between
the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on
weekends call 1.800.858.0368.
13. The permittee shall notify the DWQ in writing prior to the beginning of the work authorized under this
certification. A pre - construction meeting must be held with the DWQ prior to the start of the project so
that the contractors and/or agents fully understand the conditions associated with this certification.
14. Protective Fencing
The outside wetland or water boundary and along the construction corridor within these boundaries
(approximately within 50 feet of a disturbed area) approved under this authorization shall be clearly
marked with orange warning fencing (or similar high visibility material) for the areas that have been
approved to infringe within the buffer, wetland or water prior to any land disturbing activities.
15. Project Compliance
At the completion of the project, the DWQ will require a determination of the area impacted (as- built)
which is to encumpas� the locatioi i and acreage of the impact (it can be shown on an aerial or done as a
405)
Wetlands
A total of 71.65 acres of wetland impacts are required to be
CPF 23/18 -74 -33
mitigated for as follows:
A total of 107.475 acres of non - riparian wetlands will be
deducted from the remaining available credits of the GSRA
Mitigation Bank
Waters
N/A (acres)
Monitoring
11. Stream Monitoring for the relocated stream mitigation
a. A report must be submitted annually to both the Central Office of the Division of Water Quality and
the Wilmington Regional Office of DWQ, for five years or until it is deemed successful. This report
must be received by June 1 of each year.
b. The monitoring results will be reviewed by the NCDWQ. If NCDWQ has concerns regarding status of
the stream function or stability, the NCDWQ will contact the USMC for a site meeting to re- evaluate
the system and the DWQ may require additional measures.
c. If at the end of the required monitoring of the stream, the stream is not functioning as required and
therefore not meeting the required mitigation for the proposed stream impacts covered by this
Certification, then other or additional compensatory mitigation (described in 15A NCAC 2H .0506)
will be required.
Other conditions:
12. Equipment
All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or
chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between
the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on
weekends call 1.800.858.0368.
13. The permittee shall notify the DWQ in writing prior to the beginning of the work authorized under this
certification. A pre - construction meeting must be held with the DWQ prior to the start of the project so
that the contractors and/or agents fully understand the conditions associated with this certification.
14. Protective Fencing
The outside wetland or water boundary and along the construction corridor within these boundaries
(approximately within 50 feet of a disturbed area) approved under this authorization shall be clearly
marked with orange warning fencing (or similar high visibility material) for the areas that have been
approved to infringe within the buffer, wetland or water prior to any land disturbing activities.
15. Project Compliance
At the completion of the project, the DWQ will require a determination of the area impacted (as- built)
which is to encumpas� the locatioi i and acreage of the impact (it can be shown on an aerial or done as a
US Marine Corps Base Camp Lejeune
Attn: Mr. Carl Baker Public Works Officer
Page 7 of 7
June 13, 2011
survey). This is to be included with the Certification of Completion and sent to the Wilmington Regional
Office and to Raleigh.
16. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the Wetlands, Buffers, Stormwater and Compliance Permitting Unit (WeBSCaPe), North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within sixty (60) 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, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. If modifications are made to an original
Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. This certification and its conditions are final and binding unless
you ask for a hearing.
This the 13th day of June 2011
DIVISION OF VyAT UALITY
oleen Sullins
CHS /ijm
3861