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HomeMy WebLinkAbout20070245 Ver 4_Individual_20110705D9 - oa,4s u + UNITED STATES MARINE CORPS MARINE CORPS BASE PSC BOX 20004 CAMP LEJEUNE, NC 28542-0004 2011 DENR Wellw..- w AL IN REPLY REFER TO 5090.11.2 BEMD JUN 2 S 2011 Mr. Ian McMillan North Carolina Department of Environment and Natural Resources Division of Water Quality, 401 Section 2321 Crabtree Blvd Raleigh, NC 27604 Dear Mr. McMillan: Enclosed is our application for a Department of the Army Permit for the new Stone Bay Connector Road on Marine Corps Base, Camp Lejeune. The enclosure is submitted for your review, approval and issuance of a Section 401 Water Quality Certification for construction of the project. A $570.00 processing fee for this application is also included. Camp Lejeune proposes to fill 0.089 acres of Section 404 wetlands to complete the project described in the application. Unavoidable wetland impacts will be compensated with mitigation credits debited from the Greater Sandy Run Area Wetland Mitigation Bank located on the installation. The point of contact for this project is Mr. Martin Korenek, Environmental Conservation Branch, Environment and Installations Department, at telephone (910) 451-7235 or email martin.korenek@usmc.mil. Sincerely, el? ' I?. / RN? OHN R. TOWNSON Director, Environmental Management By direction of the Commanding Officer Enclosure: 1. Individual Permit Application (5 copies w/ fee) for the Stone Bay Connector Road Copy to: NCDENR, DCM NCDENR, DWQ, 401 Section, Attn: J. Steenhuis 01 - Da q s 04- APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 (33 CFR 325) EXPIRES: 31 August 2012 Public reporting burden for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing date sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Projed (0710-0003). Respondents should be aware that nohvithstanding any other provision of taw, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection Research and Sanctuaries , , Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit Routine Uses: This Information may be shared with the Department of Justice and other federal , state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned- (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPL/CANT) 5. APPLICANTS NAME: S. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) First - Middle - Last - First - Dane Middle - A Last - IaMaen COmparry - US Marine Corps Bass . Camp Lelaune Company - southern Ernironmental Croup. Inc. (SEC,) E-mail Address - E-mail Address - dlufheran®segi.us 6. APPLICANTS ADDRESS. 9. AGENTS ADDRESS Address - Marine Special Operations Conxnand Complex (MARSOC) - PSC Box 20004 Address - 5315 South College Road, Sulte E City - Camp Leleune State - NC Zip - 2412.0OO4 Country - USA City - wilmingtDrh State - NC Zip - 23412 Country- usA 7. APPLICANTS PHONE NOS. W/AREA CODE. 10. AGENTS PHONE Nos. W/AREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax 910.452.2711 (o) or 910.228.1841 (Mobile) STATEMENT OF AUTHORIZATION 11.1 hereby authorize, (sae Attached Agent Authabadw) to act in my behalf as my agent in the processing of this application and to fumish, upon request , supplemental information in support of this permit application- Vfl 1 4117 1% APPLICANTS SIGNATURE DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVE p [a fl"flrg 12. PROJECT NAME OR TITLE (see kmwons) MARSOC Connector Road 13. NAME OF WATERBODY, IF KNOWN (t applicable) 14. PROJECT STREET ADDRESS (t appl le) Everett Creek / Stones Bay DENR _ WA'f'Lct3 Address Wetland 15. LOCATION OF PROJECT waas s tanch Latitude: 'N 34-MIG76 Longitude: 'W -7r.49740 City - State - Zip - 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID Municipality Section - Township - Ranae - 17. DIRECTIONS TO THE SITE From Wilmington, take Hwy 17 North. Take a right onto Hwy 210 (north of DIxson High School). The site is approximately 1 mile down on the left. ENG FORM 4345, SEPT 2009 EDITION OF OCT 200+1 IS OBSOLETE Proponent: CECW-OR 16. Natureof Activity (Desot=n of h)ed. incboe a01eatrses) The project will consist of constructing the final entrance road into MARSOC. The road construction is anticipated to entail+V*-m' road crossings through wetlands. 19. Project Purpose (Desdbe the reason or purmw or the pr*cL see b,6ftdians) The purpose of this project is provide access into MARSOC. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge The discharge of fill into wetlands is necessary to facilitate the construction of the main access road into MARSOC. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards See accompanying supplemental information for details 22. Surface Area in Acres of Wetlands or Other Waters Filled (see inshudnns) Acres See accompanying supplemental information for details Or Liner Feet 23. Description of Avoidance, Minimization, and Compensation (see instrucwm) See accompanying supplemental information for details 24. Is Any Portion of the Work Already Complete? Yes Q No JZ IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (1t more than can be entered here, please attach a shrpplementel fist). Address - See accompanying supplemental information for details city - State - Zip - 28. List of Otter Certifications or ApprovalydDeniats Received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED s...aapuytp sy?l.mna.? Eb?bn brd.ld. 'Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or em acting as the duly authorized agent of the applicant 4,-?SIGNATU E OFAP IC T DATE s SIGNATURE OF AGENT DA &/J The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more then $10,000 or imprisoned not more than five years or troth. ENG FORM 4345, SEPT 2009 Supplemental Information to the MARSOC Individual Permit Modification P1286B Stone Bay Connector Road United States Marine Corps Base (USACE Action ID: 2007 286 067 / DWQ Project No. 2007 0245) Prepared far: United States Marine Corps Base - Camp Lejeune Jacksonville, North Carolina Prepared by. CATLIN Engineers and Scientists Raleigh, North Carolina W.K. Dickson Co., Inc. Wilmington, North Carolina and Southern Environmental Group, Inc. Wilmington, North Carolina 20 June 2011 MAR50C Connector Road - IF (VMoJification SuFplemental information 5r-6 Table of Contents Section Page 1.0 INTRODUCTION ............................................................................................................................. 1 2.0 PERMIT HISTORY ....................................................................................................................... 1 3.0 PURPOSE AND NEED ................................................................................................................. 1 4.0 PROPOSED IMPACTS ................................................................................................................... 1 5.0 AVOIDANCE AND MINIMIZATION ........................................................................................... 2 6.0 COMPENSATORY MITIGATION PLAN ..................................................................................... 2 7.0 INDIVIDUAL PERMIT CUMULATIVE IMPACT SUMMARY .............................................. 2 8.0 SUMMARY ........................................................................................................ 2 List of Tables Table No. Description Page 4-1 Permit Modification Impact Summary ................................................................................................ 2 7-1 Cumulative Impact Summary .............................................................................................................. 2 Appendix Appendices Description Page A US Army Corps of Engineers Individual Permit (30 August 2010) ........................................... i B US Army Corps of Engineers Individual Permit (5 October 2010) .......................................... ii C MARSOC 2007 Conceptual Drawing ........................................................................................ iii D P1266B Stone Bay Connector Road Wetland Impact Plan with Profile Drawings ............... iv Page TOC-i Stone gad Connector ff)a? - IF Modification jupplemental Information 5EGi 1.0 INTRODUCTION Southern Environmental Group, Inc (SEGi), W.K. Dickson Co, Inc. and CATLIN Engineers and Scientists, on behalf of the US Marine Corps Base - Camp Lejeune (herein referred to as the "Applicant"), have prepared this correspondence as a supplement to the Applicant's request for a modification to the existing Department of the Army Individual Permit (IP) and Division of Water Quality (DWQ) 401 Major Certification, which were last modified by the US Army Corps of Engineers (USACE) and the DWQ on 30 August 2010 and 5 October 2010 respectively (see Appendices A and B). 2.0 PERMIT HISTORY MARSOC was issued a provisional permit on 9 October 2007, which preliminarily authorized the discharge of fill material into an estimated 12.5 acres (Ac.) of wetlands and 12,800 linear feet (LF) of unnamed tributaries to Stone Bay, which abuts the New River, a navigable water of the U.S. These calculations were based upon the best information available during the preparation of the conceptual layout of the complex. During the permit process, it became necessary to separate the project into three phases: Phase I - Headquarters; Phase 11 - Road Realignment; and Phase III - Y07-Y08 Development. Under these three permits, more specifically the IP dated 16 October 2008, the Applicant was authorized to permanently discharge fill material into 4.36 Ac. of wetlands and 3,040 LF of tributaries. With the issuance of the agencies' 2010 pen-nit modifications, the project was authorized to cumulatively impact 3.73 acres of non-riparian wetlands; 0.61 acre of riparian wetlands; 1,274 linear feet of intermittent stream and 173 linear feet of perennial stream. To date, all of the impacts have been completed. 3.0 PURPOSE AND NEED This request for a modification to the 1P is necessary to support the construction of the MARSOC connector road. This road will serve as the main entrance into the site. While there is an existing entrance into the complex, it is located within an area that has been designated for future MARSOC expansion (see Appendix C). With this understanding, the new connector road was relocated north of the existing entrance. However, at the request of the North Carolina Department of Transportation, who preferred the placement not be closeer than 200' to the existing Highway 210 Bridge. Therefore, the connector road was moved further south than what had previously been proposed. 4.0 PROPOSED IMPACTS The construction of the connector road requires three (3) road crossings through 404 jurisdictional wetlands and is anticipated to permanently impact approximately 0.089 acres of bottomland hardwood forest wetlands. To ensure unauthorized impacts do not take place during the installation of the culverts, the Applicant has provided a 5 foot construction buffer from the terminus of each culvert. Temporary impacts are anticipated not to exceed 0.023 acres. Once the construction has been completed, the temporary impact areas will be returned to their original grade and contour and allowed to re-vegetate naturally. Please refer to Appendix D, for plan and profile views and other relevant information for each impact area. The table on the following page summarizes the proposed impacts: Page 1 Stone ff)ay Connector bay - IF Modification 5upplemental Information Area Temp (SF) Temp (Ac.) Perm (SF) Perm (Ac.) Perm (LF) 1 120.02 0.003 1061.34 0.024 NA 2 120.27 0.003 1097.39 0.025 NA 3A 391.53 0.009 54.56 0.0013 NA 3S 362.23 0.008 1697.2 0.039 NA Total 994.05 0.023 3910.49 0.089 0 Table 4-1. Permit Modification Impact Table 5.0 AVOIDANCE AND MINIMIZATION Unfortunately, with the proposed road location, impacts to 404 jurisdictional wetlands cannot be avoided. However, the Applicant has elected to bridge one of the crossings, which will completely avoid impacts to a perennial stream and associated riparian wetland system. After adjusting the project's design to meet all federal and state regulations, the project, as proposed, is the least environmentally damaging, practicable alternative. 6.0 COMPENSATORY MITIGATION PLAN In order to adhere to the Environmental Protection Agencies' (EPA's) "no net loss of wetlands" policy, the Applicant proposes to offset the unavoidable impact of 0.089 acre of non-riparian wetlands, at a mitigation-to- impact ratio of one and half-to-one (1.5:1), which is proposed to be in the form of non-riparian wetland credit from the Greater Sandy Run Area Mitigation Bank (GSRA). The GSRA mitigation bank provides current and future mitigation for impacts to pocosin, pine flat, and bottomland hardwood wetland systems, within the GSRA. Credits for bottomland hardwood forest are distributed at a 3:1 mitigation-to-impact ratio. Thus, for every acre of bottomland hardwood impact to take place within the GSRA, 3 bottomland hardwood mitigation credits will be debited from the bank. With that said, 0.267 acre of bottomland hardwood, wetland mitigation credit is being proposed to offset the anticipated 0.089 acre of impact. Because the wetland mitigation bank has been functioning for some time, temporal impacts should not be an issue. Therefore, the proposed 1.5:1 mitigation-to-impact should be sufficient to offset the proposed impacts and meet the EPA's "no net loss" requirement. 7.0 PERMIT MODIFICATION CUMULATIVE IMPACT SUMMARY The table below provides the cumulative impacts associated with the every Phase of the MARSOC project: Non-riparian (P) Riparian (P) Intermittent Stream (P) Perennial Stream (P) Previously Authorized Impacts 3.73 Ac. 0.61 Ac. 1,274 LF 173 LF Stone Bay Connector Rd. Impacts 0.089 Ac. 0 Ac. 0 0 MARSOC Cumulative Impacts 3.82 Ac. 0.61 Ac. 1,274 LF 173 LF Table 7-1: Summae7, of perviously authorized, additional and cumulative impacts associated with the pnvject 8.0 SUMMARY In summary, the United States Marine Corps - Camp Lejeune is submitting this request for a modification to the existing MARSOC Individual Permit and Water Quality Certification, which would consist of permanently Page 2 Stone gay Connector gay - IP Modification Supplemental information 5EC-3i impacting 0.089 acres and temporarily impacting 0.023 acre of non-riparian wetlands. Three road crossings, through wetlands, are necessary to facilitate the construction of the Stone Bay Connector Road and associated infrastructure. Compensatory mitigation for the unavoidable impacts is proposed at a 1.5:1 mitigation-to-impact ratio and is proposed through available credits from the Greater Sandy Run Area Mitigation Bank. Page 3 Stone f5a9 Connector ff)a? - IF Modification juFFlemcntal Information SE-61 Appendix A US Army Corps of Engineers Individual Permit (30 August 2010) Page iii Stone day Connector F)aD -1P Modification ,supplemental Information SE.G? 1.0 INTRODUCTION Southern Environmental Group, Inc (SEGi), W.K. Dickson Co, Inc. and CATLIN Engineers and Scientists, on behalf of the US Marine Corps Base - Camp Lejeune (herein referred to as the "Applicant"), have prepared this correspondence as a supplement to the Applicant's request for a modification to the existing Department of the Army Individual Permit (IP) and Division of Water Quality (DWQ) 401 Major Certification, which were last modified by the US Army Corps of Engineers (USACE) and the DWQ on 30 August 2010 and 5 October 2010 respectively (see Appendices A and B). 2.0 PERMIT HISTORY MARSOC was issued a provisional permit on 9 October 2007, which preliminarily authorized the discharge of fill material into an estimated 12.5 acres (Ac.) of wetlands and 12,800 linear feet (LF) of unnamed tributaries to Stone Bay, which abuts the New River, a navigable water of the U.S. These calculations were based upon the best information available during the preparation of the conceptual layout of the complex. During the permit process, it became necessary to separate the project into three phases: Phase I - Headquarters; Phase H - Road Realignment; and Phase III - Y07-Y08 Development. Under these three permits, more specifically the IP dated 16 October 2008, the Applicant was authorized to permanently discharge fill material into 4.36 Ac. of wetlands and 3,040 LF of tributaries. With the issuance of the agencies' 2010 permit modifications, the project was authorized to cumulatively impact 3.73 acres of non-riparian wetlands; 0.61 acre of riparian wetlands; 1,274 linear feet of intermittent stream and 173 linear feet of perennial stream. To date, all of the impacts have been completed. 3.0 PURPOSE AND NEED This request for a modification to the IP is necessary to support the construction of the MARSOC connector road. This road will serve as the main entrance into the site. While there is an existing entrance into the complex, it is located within an area that has been designated for future MARSOC expansion (see Appendix C). With this understanding, the new connector road was relocated north of the existing entrance. However, at the request of the North Carolina Department of Transportation, who preferred the placement not be closeer than 200' to the existing Highway 210 Bridge. Therefore, the connector road was moved further south than what had previously been proposed. 4.0 PROPOSED IMPACTS The construction of the connector road requires three (3) road crossings through 404 jurisdictional wetlands and is anticipated to permanently impact approximately 0.089 acres of non-riparian wetlands. To ensure unauthorized impacts do not take place during the installation of the culverts, the Applicant has provided a 5 foot construction buffer from the terminus of each culvert. Temporary impacts are anticipated not to exceed 0.023 acres. Once the construction has been completed, the temporary impact areas will be returned to their original grade and contour and allowed to re-vegetate naturally. Please refer to Appendix D, for plan and profile views and other relevant information for each impact area. The table on the following page summarizes the proposed impacts: Page i Stone 15ay Connector E)ay - Ir ModiFication Supplemental (nFormation SF.Gi Area Temp (SF) Temp (Ac.) Perm (SF) Perm (Ac.) Perm (LF) 1 120.02 0.003 1061.34 0.024 NA 2 120.27 0.003 1097.39 0.025 NA 3A 391.53 0.009 54.56 0.0013 NA 3B 362.23 0.008 1697.2 0.039 NA Total 994.05 0.023 3910.49 0.089 0 Table 4-1. Permit Modification Impact Table 5.0 AVOIDANCE AND MINIMIZATION Unfortunately, with the proposed road location, impacts to 404 jurisdictional wetlands cannot be avoided. However, the Applicant has elected to bridge one of the crossings, which will completely avoid impacts to a perennial stream and associated riparian wetland system. After adjusting the project's design to meet all federal and state regulations, the project, as proposed, is the least environmentally damaging, practicable alternative. 6.0 COMPENSATORY MITIGATION PLAN In order to adhere to the Environmental Protection Agencies' (EPA's) "no net loss of wetlands" policy, the Applicant proposes to offset the unavoidable impact of 0.089 acre of non-riparian wetlands, at a mitigation-to- impact ratio of one-to-one (1:1), which is proposed to be in the form of non-riparian wetland credit from the Greater Sandy Run Mitigation Bank (GSRMB). Because the wetlands at the mitigation bank have been functioning for some time, temporal impacts should not be an issue. Therefore, the proposed 1:1 mitigation-to- impact should be sufficient to offset the proposed impacts and meet the EPA's "no net loss" requirement. 7.0 PERMIT MODIFICATION CUMULATIVE IMPACT SUMMARY The table below provides the cumulative impacts associated with the every Phase of the MARSOC project: Non-riparian (P) Riparian (P) Intermittent Stream (P) Perennial Stream (P) Previously Authorized Impacts 3.73 Ac. 0.61 Ac. 1,274 LF 173 LF Stone Bay Connector Rd. Impacts 0.089 Ac. 0 Ac. 0 0 MARSOC Cumulative Impacts 3.82 Ac. T 0.61 Ac. 1,274 LF 173 LP Table 7-1: Summary of previously authorized, additional and cumulative impacts associated with the project 8.0 SUMMARY In summary, the United States Marine Corps - Camp Lejeune is submitting this request for a modification to the existing MARSOC Individual Permit and Water Quality Certification, which would consist of permanently impacting 0.089 acres of non-riparian wetlands. Three road crossings, through wetlands, are necessary to facilitate the construction of the Stone Bay Connector Road and associated infrastructure. Compensatory mitigation for the unavoidable impacts is proposed at a 1:1 mitigation-to-impact ratio and is proposed through available credits from the Greater Sandy Run Mitigation Bank. Page ii Stone bag Connector jay - !r Modification `supplemental Information Appendix A US Army Corps of Engineers Individual Permit (30 August 2010) Page iii ` .' REPO TU ATTENTION tW CFSAW-RG (I 145b) DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON. NORTH CAROLINA 28403-1343 30 August 2010 MEMORANDUM FOR Mr. John'l'o-vvnson, U.S. Marine Corps Base. PSC Box 20004. Camp Lejeune. North Carolina 2842-0004 SUBJECT: Action ID: 2007 286 067 Issuance of a Permit Modification to support the construction of the Marine Special Operations Command Complex (Iv1ARSOC) located in the former Stone Bay Rifle Range Area in Onslow County, North Carolina. 1. In accordance with your complete written request of 9 February 2007, and the ensuing administrative record, a provisional permit was issued on 26 November 2007 to fill wetlands and jurisdictional streams pursuant to Section 404 of the Clean Water Act for the placement ofthe MARSOC, within the Stone Bay Area, abutting the New River, Camp Lejeune, North Carolina. The Corps issued the last individual authorization for the proposed project on 16 October 2008. 2. On 10 August 2010 the Corps received from Cramp Lejeune a document entitled "MARSOC Permit [Modification and Resolution Document," hereby noted as the resolution document. This document contained a request to modify the above referenced permit to include additional impacts of 0.218 acre of permanent wetland till and 0.139 acre of temporary wetland fill. This document also contained quantification of and a plan to mitigate for temporal losses associated with erosion control failures. 3. The subject permit is hereby modified to include the impacts and temporal loss described in the resolution document. There are no other jurisdictional impacts authorized beyond those covered in the three phase approvals and this modification. The mitigation which covers these impacts has already been executed as more mitigation has been secured than was needed to offset actual impacts. All original permit conditions remain in effiect for this newly authorized work and the applicant is expected to complete the monitoring of the temporary impact sites as deseribed in section 7.3 of the resolution document. Accordingly, the permit is hereby modified to include the permanent and temporary impacts for impact areas EE, IfH, PP. QQ. D1. NI. and P1. 3. During construction of the MARSOC complex, a number of impacts occurred in both wetlands and streams as a result of the massive land clearing and grading effort required for construction. Certain stabilization tailures resulted in impacts to approximately 4,031 linear feet o1'stream channel and 4.7 acres of wetlands. CESAW-RG (I 145b) 30 August 2010 SU,BJEC1": Action ID: 2007 286 067 Issuance ofa Permit Modification to support the construction of the Marine Special Operations Command Complex (MARSOC) located in the former Stone Bay Rifle Range Area in Onslow County. North Carolina. 'T'hese systems were impacted for varying; timeframes and in some cases have been impacted and restored more than once. Due to the temporal loss resulting from the fill, the Corps further modifies the permit to require mitigation at a 0.2:1 ratio for the stream impact. At this ratio. the applicant should obligate 806 tinear feet of stream mitigation to offset the temporal loss. 4. The topography in this eco region of Onslow County- is unique with naturally incised drains and steeper than expected topography. This topography along; with large amount of soil disturbance will require vigilance to identify potential future problem areas. Therefore. the permit is modified to include a longer monitoring period than described in the resolution document. The restoration areas should be monitored the same as the temporary impact areas again as described in section 7.3 of the resolution document. 5. It is the Corps' understanding the design build contractors seek to pursue a refund for the portion of mitigation not needed for completion of the project. Camp L4june executed a total of 3.040 linear feet of stream mitigation (2,953 linear feet purchased from NCEEP and 87 linear feet permitee responsible mitigation). Based on the Corps' calculation the total mitigation requirement for the authorized project is 2,253 linear feet (1,447 linear feet for the original project construction + 806 linear feet for the temporal loss). '113is would leave a net excess of 787 linear feet. The Corps places no requirement on the final dispensation of 787 linear feet of st7earn credit. 6. Camp Leleune and or its contractor remain responsible lbr properly stabilizing; the work to date: to avoid future impacts outside the authorized footprint. Any future impacts outside the authorized footprint will be considered a violation of this permit and may be subject to administrative penalty assessment. 7. If any change in the authorized work is required because of unforeseen. or altered conditions or for anv other reason, the revised plans showing the changes must be sent promptly to this office. Such action is necessary, as revised plans must he reviewed, approved and the permit modified. 8. Certain significant general conditions remain and require that: a. You must complete constriction before 31 December 2017. b. 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. 2 CESAW-RG (1145b) 30 August 2010 SUBA CT: Action ID: 2007 286 067 Issuance ofa Permit Modification to support the construction of the Marine Special Operations Command Complex (MARSOC) located in the fornier Stone Bay Rifle Range Area in Onslow County, North Carolina. 9. Should you have questions. please contact Mr. Brad Shaver, Wilmington Regulatory Field Office at (910) 251-4611. JEFFERSON M. RYSCAVA Colonel. EN Conunanding CF Chief. Source Data Unit NOAAiNational Ocean Service ATTN: Sharon Tear NICS261 1315 East-west Hwy., Rm 7316 Silver Spring, MD 20910-3282 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh. North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Ms. Jennifer Derby, Chief Wetlands Protection Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management N.C. Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Pace Wilber, Ph.D., Chief' National Marine Fisheries Service Post Office Box 12559 Charleston, South Carolina 29422-2559 stone gjay Connector jay - Ir Modification Supplemental Information Sr.G? Appendix B North Carolina Division of Water Quality Certification (S October 2010) Page iv 44-f-a.e,hmz?v4 8 TAA MCDEMR North Carolina Department of Environment and Natural Resources Division or Water Duality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 5, 2010 USMC Camp Lejeune Attn: Carl Baker, Deputy Public Works Officer Public Works Division 1005 Michael Road Camp Lejeune, NC 28542 Dee Freeman Secretary Re: MARSOC, Sneads Ferry, Onslow County DWQ Project 4 2007 0245 V3: USACE Action ID No. 2007 286 067 Stones Creek [030502, 19-30-3, SA, HQW] APPROVAL of 401 Water Quality Certification with Additional Conditions - MODIFICATION Dear Mr. Baker: Attached hereto is a copy of Certification No. 3659 issued to Mr. Carl Baker, Deputy Public Works Officer for the US Marine Corps Base Camp Lejeune, dated October 5, 2010. This Certification modifies the Certification issued to you on March 18, 2008. 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, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. CHS/ijm Attachments: Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 Dana Lutheran, SEGI Brad Shaver Wilmington District, USACOE Joanne Steenhuis, DWQ, Wilmington Regional Office Karl Hammers, DLR, Wilmington Regional Office Anne Deaton, DMF Doug Huggett, DCM File Copy Since 1 04 r oleen H, Sullins Filename:070245Ver3MARSOC-Comple:(Oo3low)46l_IC MOD 401 DversighIlExpress Review PeanIfGng Unit One 1650 Mall Service Center, RaL-bh, North Carolina 27699-1650 No h Carolina Location: 2321 Crabtree Blvd., Ratelgh, North Carolina 27604 / Phone: 919-733-1786IFAX: 91&733-6693 Naturally Inlemel. hlo Nh2o.enrstofe nc u3intvmdancW An Equal Opponuniy 1 pifrnar in Action Emdoya Mr. Carl Baker and USMC Camp Lejeune Page 2 of 6 October 5, 2010 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, Deputy Public Works Officer for the US Marine Corps Base Camp Lejeune to permanently fill an additional 0.218 acres of jurisdictional wetlands and temporarily impact an additional 0.139 acres. These additional impacts are to be cumulatively added to the previously permitted impacts approved on March 18, 2008. In using the amounts provided by as-builts, to calculate what has been impacted to the additional amounts requested in this modification the total cumulative impacts are as follows :4.34 acres of permanent jurisdictional wetland impacts; 0.62 acres of temporary jurisdictional wetland impacts; 1,447 linear feet of permanent stream impacts and 197 linear feet of temporary stream impacts in the White Oak River Basin, associated with the construction of the Marine Corps Special Command (MARSOC) Marine Corps Base, Camp Lejeune in Onslow County, North Carolina, pursuant to an application modification filed on the 25th day of Aurst of 2010 and by the. original Public Notice by the U.S. Army Corps of Engineers issued on the 17 day of November of 2006 (received by DWQ on November 21, 2006) and additional information received on September 21, 2010. 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 only valid 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. 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 wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in I5A 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: T of Im act Amount Approved nits Plan Location or Reference Stream N/A 404/401 Wetlands Previously issued impacts Non-riparian 3.8 acres (3.68 acres See Table 2-1 per as-built) Riparian 0.56 acre 461.28 sf (0.011 ac) Perm Appendix C Impact Area EE Details 3,134 sf 0.072 ac Perm Appendix D Impact Area HH & Mr. Carl Baker and USMC Camp Lejeune Page 3 of 6 October 5, 2010 3,702 sf (0.085 ac) Perm PP Details 511 sf (0.012 ac) Perm Appendix E Impact Area QQ Details 5,163 sr (0.119 ac) Temp 1,206 sf (0.027 ac) Perm Appendix F Impact Area D1 Details 378 sf ( 0.009 ac) Temp 133.83 sf (0.003 ac) Perm Appendix G Impact Area N1 Details 352 sf (0.008 ac) Perm Appendix H Impact Area P1 Details 555 sf 0.009 ac Temp 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. The topography of the project site is unique to this area as it has more relief that is normally encountered in the Coastal plain. Due to the size of this project and the amount of area that is opened at any time, care and careful diligence of the erosion control measures that are installed must be monitored in order to prevent any future issues. The measures should remain until the site is fully stabilized, if there are any questions or concerns about any issues within the project complex, do not hesitate to call the Wilmington Regional Office at 910.796.7215 to get someone from Water Quality to provide you with assistance. 4. 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 404/401 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. Any violations of this condition including turbidity and failed silt fences MUST be reported to the Wilmington Regional Office immediately at 910.796.7215. 5. 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; Mr. Carl Baker and USMC Camp Lejeune Page 4 of 6 October 5, 2010 6. Construction Stormwater Permit NCG0I0000 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 (NCGO10000) 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/Forrrrs Docurnents.him. Continuing Compliance: Mr. Carl Baker, Deputy Public Works Officer for the US Marine Corps Base, Camp Lejeune and their 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 shah notify Mr. Carl Baker, Deputy Public Works Officer for the US Marine Corps Base, Camp Lejeune and their authorized agents and/or contractors and the US Army Corps of Engineers, provide public notice in accordance with I SA NCAC 2H.0503 and provide opportunity for public hearing in accordance with I SA NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Carl Baker, Deputy Public Works Officer for the US Marine Corps Base, Camp Lejeune and their 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: 8. Compensatory Mitigation Mitigation for this project has been provided per the previous certification. As-builts for the project revealed that non-riparian wetlands were over mitigated for (0.07 ac) and includes the requested modifications. The Riparian wetlands were also over mitigated for, but the additional requested impacts put it 0.05 ac over the original permitted amount. The over mitigation of the non-riparian wetlands will be acceptable this one time only for the additional 0.05 ac riparian impacts requested. The linear feet of stream mitigated for (intermittent and perennial) was originally permitted as 3040 If. The as-built revealed that these impacts were over mitigated for by 1,593 linear feet. The USACE has required the applicant's agent to obligate 806 linear feet of over mitigated strewn to offset the temporal loss of the additional stream impacts that occurred per the project's violation. 9. Restoration and Temporary Impact Monitoring Monitoring for the areas affected by the sedimentation will be performed quarterly as described in section 7.3 of the modification document. The monitoring for the temporary impacts proposed will also be monitored as such. Mr. Carl Bakcr and USMC Camp Lejeune Page 5 of 6 October 5, 2010 10. North and South Mitigation Areas Monitoring will continue to follow the approved monitoring plan. Road Crossinas: Placement of 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. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions: Other conditions: 12. 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. 13. Protective Fencing The wetland boundary must be clearly identified on all jurisdictional wetlands present as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers. The outside wetland or water boundary and along the construction corridor within these boundaries 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. 14. Sewer Systems The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system regulations. 15. Certificate of Completion Upon completion of all work approved within the 40l Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, 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 or CAMA Permit. Mr. Carl Baker and USMC Camp Lejeune Page 6 of 6 October S, 2010 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 5th day of get er 2010 DN JON F W U TY oleen H. Sullins CHS/ijm 3659 Stone F)ay Connector bay -)r Modification Supplemental Information Appendix C MARSOC 2007 Conceptual Drawing 5E-Gi Page v O f p c lior4v -auneie 1 ciwe, - 3OVNI 31'dhl SCINV I L:DA/k NV7d ?-I? L MN - NV_1d ?3 1's , r. c. ? ? fli, C Q .. .•, h LLJ I m I it LLJ ne v -t 3 G C _ 7z a. LL w ??•;+.•? ^'r Lr?• !fir •. 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