HomeMy WebLinkAbout20000447 Ver 1_Approval Letter_20001205a
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Lieutenant Colonel John R. Cawthorne
United States Air Force
43 CES/CE
Pope Air Force Base, NC, 28308-2314
Dear Colonel Cawthorne:
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 5, 2000
Re: Red Ramp Cargo Area and Aircraft Taxiway Extension, Pope Air Force Base, Cumberland
County, North Carolina
DWQ No. 00-0447; DOA Action ID. NO. 200000991
Attached hereto is a copy of Certification No. 3308 issued to Lieutenant Colonel John R. Cawthorne,
Pope Air Force Base, dated December 5, 2000.
If we can be of further assistance, do not hesitate to contact us.
Sin, rely,
e Stevens
Attachments
000447
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
DWQ, Fayetteville Regional Office
File Copy
Central Files
Division of Water Quality • Non-Discharge Branch
401 Wetlands Unit, 1621 Mail Service Center., Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959
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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 Lieutenant Colonel John R. Cawthorne, United States Air
Force, Pope Air Force Base, resulting in the placement of fill and culverts into 1,260 linear feet of perennial
streams, permanent fill in 14.4 acres of wetlands and temporary fill in 1.4 acres of wetlands within the Tank
Creek Watershed, associated with the construction of the Red Ramp Cargo Area and Aircraft Taxiway
Extension at Pope Air Force Base in Cumberland County, pursuant to an application filed on the 27th day of
April of 2000, and a revised application dated 27 September 2000.
The application provides adequate assurance that the discharge of fill material into Tank Creek in
conjunction with 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 and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application and as
described in the Public Notice. If you change your project, you must notify us and send us a new
application for a new certification. 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. Should
additional wetland or stream fill be requested in the future, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed below. 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, Non-
discharge and Water Supply Watershed regulations.
Condition(s) of Certification:
1. That the activity be conducted in such manner as to prevent significant increase
in turbidity outside the area of construction or construction related discharge (50 NTU's in
streams and rivers not designated as trout waters by DWQ; 25 NTU's in all. saltwater classes, and
all lakes and reservoirs; 10 NTU's in trout waters);
2. Should waste or borrow sites be located in wetlands, compensatory mitigation
will be required since it is a direct impact from construction activities;
3. All temporary fill shall be removed to the original grade after construction is complete
and the site shall be stabilized to prevent erosion;
4. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural Grade restored after the Division of Land Resources releases
the project;
5. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the State until the concrete has hardened;
6. The enclosed "Certification of Completion Form" is to be used to notify DWQ when all work
included in the 401 Certification has been completed;
7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation is required for
stream and wetland impacts. 1,260 linear feet of perennial stream mitigation is required
at a 1:1 ratio. Wetland and stream mitigation shall be implemented onsite in accordance
with the Red Ramp Wetland and Stream Mitigation Plan, Pope Air Force Base, North
Carolina (Revision 1, November, 2000). This is to include a total of 30.2 acres of
on-site and off-site wetland mitigation, along with 1,260 linear feet of on-site and off-site
stream mitigation. Construction of the stream mitigation site shall be implemented as
soon as possible, recognizing seasonal constraints associated with planting schedules.
The State of North Carolina's monitoring protocol for macrobenthos populations shall
be followed for the biotic success criteria. An as-built report is due to DWQ upon
completion of the mitigation work. The monitoring protocol shall include data and
interpretations of macrobenthos populations, water chemistry, flow rates and physical
measurements demonstrating stream stability, and can only be ended after five years
(following construction) if the stream is stable and restoration is successful. If
necessary, the morphology of the constructed stream shall be revised and monitoring
shall continue until stabilization is achieved and restoration is demonstrated to be
successful for five years. If at any time it is determined that the effects of base
operations threaten the integrity of the mitigation site, Pope AFB must notify DWQ and
determine how the problem will be corrected;
8. We understand that you have chosen to contribute to the Wetland Restoration Program (WRP) in
order to implement portions of the stream and wetland mitigation. In accordance with 15A
NCAC 2R.0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H.0506(h) and 15A NCAC 2B .0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR -
Wetlands Restoration Program), wetland and stream impacts (including fill) shall not occur. Mr.
Ron Ferrell should be contacted at (919)733-5208 if you have any questions concerning the
Wetland Restoration Program. You have one month from the date of this Certification to make
this payment. For accounting purposes, this Certification authorizes the permanent fill of
14.4 acre of wetlands and 1,260 linear feet of perennial streams, in the Cape Fear River and
sub-basin and 28.2 acres of wetland mitigation along with 100 linear feet of stream
mitigation will be constructed by the WRP. Please be aware that the Wetland Restoration
Program (WRP) rules require rounding of wetland impacts to the nearest quarter-acre
increment and stream impacts to the nearest linear foot (15A NCAC 2R.0503(b)).
Violations of any condition herein set forth shall result in revocation of this Certification and may
result in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 Permit. This Certification shall expire upon expiration of
the 404 Permit.
If this Certification is unacceptable to 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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. Unless such demands are made, this
Certification shall be final and binding.
This the 5th day of December 2000
DIVISION OF WATER QUALITY
WQC # 3308
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H.0500, Lieutenant Colonel John R. Cawthorne, United States Air
Force, Pope Air Force Base, has permission as outlined below for the purpose of constructing the Red Ramp
Cargo Area and Aircraft Taxiway Extension, Pope Air Force Base, Cumberland County, North Carolina.
All activities associated with these authorized impacts must be conducted with the conditions listed in the
attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
1,260 linear feet of perennial streams
14.4 acres of riparian wetlands
Pope Air Force Base
Cumberland
Cape Fear (03-06-14)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of surface
waters as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
100 linear feet of perennial streams by WRP
28.2 acres of riparian wetlands by WRP
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program
must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre
increments according to 15 2r .0503(b).
Note: Portions of the wetland and stream mitigation are to be implemented on the project site in
accordance with the Red Ramp Wetland and Stream Mitigation Plan, Pope Air Force Base, North
Carolina (Revision 1, November, 2000).
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a tee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this
option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE
NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION
THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
(919) 733-5208