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HomeMy WebLinkAbout20001085 Ver 1_Approval Letter_20110613Y, 3everly Eaves Perdue 3overnor A Gyr NCDENR oj_I05 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 iternet litlp //portal ncden! org /web /.,,rq /ws Natypv�ly �n Equal Opportunity 1 Affirr.ative Act :on Employer X. 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