HomeMy WebLinkAbout20110745 Ver 1_Approval Letter_20120117®NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, P.E.
Governor Director
January 17, 2012
Marine Corps Base Camp Lejeune
Attn: Mr. Carl Baker, Deputy Public Works Officer
Public Works Division
1005 Michael Road
Camp Lejeune, NC 28542
Re: Cogdels Creek Main Battle Tank Road on the Marine Corps Base Camp Lejeune,
Onslow County
DWQ Project # 2011 0745, USACE Action ID. No. 2011 01427
Cogdels Creek, (030502,19-23, SC, NSW)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Baker:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3877 issued to Mr. Carl Baker, Deputy Public Works
Officer, Public Works Division US Marine Corps Base Camp Lejeune, dated January 17, 2012. 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.
C W/kah/i m
Attachments: Permit Drawings Permit 105, 106 and 107
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Ron Johnson, AECOM
Brad Shaver Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Nick Mills, DLR, Wilmington Regional Office
Stephen Rynas, DCM Morehead City
File Copy
Sincerely,
(! Charles Wakild, P.E.
Filename: 110745_ USMCCampLejuneCogdelsCreekMamBattleTankConnectorRd (Onslow)401_I1C
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone. 919 - 807 -63001 FAX 919807 -6494
Internet http / /portal.ncdenr org /web /wq /ws
An Equal Opportunity 1 Affirmative Action Employer
Marine Corps Base Camp Lejeune
Page 2 of 6
January 17, 2012
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 Public Works
Division US Marine Corps Base Camp Lejeune to temporarily impact 0.48 acres of jurisdictional wetlands
and to permanently impact 0.954 acres of jurisdictional wetlands in the White Oak Basin for the proposed
Cogdels Creek Main Battle Tank Connector Road located on Camp Lejeune, in Onslow County, North
Carolina, pursuant to an application filed on the 315` day of August 2011, and in additional correspondences
received on November 15, 2011, December 15, 2011 and January 9, 2012.
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 211.0506 (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 Units
Plan Location or Reference
404/401 Wetlands
Permanent Impacts
Wetland No. 1 — 0.00 acres
Sheet Permit 105 (attached)
Wetland No. 2 — 0.003 acres
Sheet Permit 105 (attached)
Wetland No. 3 0.54 acres
Sheet Permit 105 (attached)
Wetland No. 4 0.27 acres
Sheet Permit 106 (attached)
Wetland No. 5 — 0.14 acres
Sheet Permit 107 (attached)
Wetland No. 6 — 0.001 acres
Sheet Permit 107 (attached)
Total 0.954 acres
Temporary Impacts
Wetland No. 1 — 0.01 acres
Sheet Permit 105 (attached)
Wetland No. 2 — 0.05 acres
Sheet Permit 105 (attached)
Wetland No. 3 0.21 acres
Sheet Permit 105 (attached)
Marine Corps Base Camp Lejeune
Page 3 of 6
January 17, 2012
Standard Sediment and Erosion Control Practices
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 and if applicable, comply with the specific conditions and
requirements of the Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control -Act and the Mining
Act of 1971.
d. Sufficient Materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout Jr), SA, WS -1, WS -II, High Quality, Outstanding Resource Waters (ORW) or 303(d)
listed waters, then the sediment and erosion control requirements contained within "Design
Standards in Sensitive Watersheds" (15A NCAC 04B .0124) supersede all other sediment and
erosion control requirements.
Sediment and erosion control measures shall not be placed in wetlands or waters. If placement of
sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may
result in the dis- equilibrium of wetlands above and below these structures. All sediment and
erosion control structures shall be removed and the natural grade restored within two (2) months
of the establishment of the crossing or the completion of the phase of the project the impact
occurred, whichever is sooner;
4. No Impacts Beyond Those in Application
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, as authorized in
the written approval from the Division. 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.
Wetland No. 4 0.12 acres
Sheet Permit 106 (attached)
Wetland No. 5 — 0.08 acres
Sheet Permit 107 (attached)
Wetland No. 6 — 0.01 acres
Sheet Permit 107 (attached)
Total 0.43 acres
Additional permit drawings are on rile
in the WiRO and Central Office files
Streams
N/A
Waters
N/A
Standard Sediment and Erosion Control Practices
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 and if applicable, comply with the specific conditions and
requirements of the Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control -Act and the Mining
Act of 1971.
d. Sufficient Materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout Jr), SA, WS -1, WS -II, High Quality, Outstanding Resource Waters (ORW) or 303(d)
listed waters, then the sediment and erosion control requirements contained within "Design
Standards in Sensitive Watersheds" (15A NCAC 04B .0124) supersede all other sediment and
erosion control requirements.
Sediment and erosion control measures shall not be placed in wetlands or waters. If placement of
sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may
result in the dis- equilibrium of wetlands above and below these structures. All sediment and
erosion control structures shall be removed and the natural grade restored within two (2) months
of the establishment of the crossing or the completion of the phase of the project the impact
occurred, whichever is sooner;
4. No Impacts Beyond Those in Application
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, as authorized in
the written approval from the Division. 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.
Marine Corps Base Camp Lejeune
Page 4 of 6
January 17, 2012
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. Concrete.
If concrete is used during the construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the State. Water that
inadvertently contacts uncured concrete shall be NOT be discharged to surface waters due to the
potential for elevated pH and possible aquatic life /fish kills.
Road Crossings:
6. Culvert Installation
All work in or adjacent to stream waters or wetlands shall be conducted in a dry work area.
Approved BMP measures from the most current version of NCDOT Construction and
Maintenance Activities manual
(hltp://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.Pdfl such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water or wetlands.
Placement of culverts in streams and wetlands /waters must be placed below the elevation of the
streambed /wetland by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movements and be designed
to adequately accommodate high water or flood conditions. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA - designated floodways or wetlands,
openings such as culverts or bridges must be provided to maintain the natural hydrology of the
system as well as prevent constriction of the floodway that may result in the destabilization of
streams or wetlands.
Any rip -rap required for proper culvert instal lation/placement shall be restricted to the area
directly impacted by the approved construction activity. All rip -rap shall be buried or "keyed in"
such that the original wetland/stream is maintained and not de- stabilized.
Appropriately sized sills/baffle will be required in culverts across streams /wetlands to prevent
scouring;
7. 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 (NCGO 10000) 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: // portal .ncdenr.or,/q/ws/su/npdessw #tab -w along with other information.
Marine Corps Base Camp Lejeune
Page 5 of 6
January 17, 2012
8. Temporary Fills /Impacts
All temporary fill and culverts shall be removed and the impacted area returned to the original
grade after construction is complete or within 2 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.
9. Construction Plans
Any final construction plans for this proiect must include or reference the application and
plans approved by the DWO under this authorization letter and certification.
10. Continuing Compliance:
Mr. Carl Baker, Public Works Officer Public Works Division 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
Public Works Division 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 2H.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 Public Works Division 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;
Other conditions:
11. Equipment
All mechanized equipment operated near surface waters or wetlands will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic
fluids 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. Management of such spills shall comply with provisions of the
North Carolina Oil Pollution and Hazardous Substances Control Act.
Marine Corps Base Camp Lejeune
Page 6 of 6
January 17, 2012
Heavy equipment working in wetlands must be placed on mats, or other measures must be taken
to minimize soil disturbance.
12. Pre - Construction Meeting
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.
13. 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.
14. Project Compliance
At the completion of the project, the DWQ will require a determination of the area impacted (as-
built) which is to encompass the location and acreage of the impact (it can be shown on an aerial
or done as a survey). This is to be included with the Certification of Completion and sent to the
Wilmington Regional Office and to Raleigh at the address listed below.
15. 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, Compliance and Permitting
(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.
c
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 ZNF ay of Jan 2012
DNS O TE ALIT Y
Charles Wakild, P. E.
CW /ijm
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