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HomeMy WebLinkAbout20120270 Ver 1_Approval Letter_20120718C North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild P E Director July 18 2012 US Marine Corps Camp Lejeune Attn Carl Baker Deputy Public Works Officer Public Works Division 1005 Michael Road Camp Lejeune, NC 28547 Dee Freeman Secretary DWQ Project # 2012 0270 Onslow County Re APPROVAL of 401 Water Quality Certification Hanger P683/P687 and Airfield Roads MCAS New River Air Station Camp Lejeune USACE Action ID No 2010 01797 Dear Mr Baker Attached hereto is a copy of Certification No 3934 issued to Mr Carl Baker of the US Marine Corps Camp Lejeune dated July 18 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 Non discharge and Water Supply Watershed regulations Please pay careful attention to Conditions number 2, 4, 7, 8, and 9 You can contest this Certification as provided in Articles 3 and 4 of G S 150B To contest this Certification you must file a petition for an administrative hearing You may obtain the petition form from the Office of Administrative Hearings You must file the petition with the Office of Administrative Hearings within sixty (60) calendar days of receipt of this notice A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hotirc The Office of Administrative Hearings accept-, filings Monday through Fndav between the hours of 8 OOam and 5 OOpm except for official state holidays The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings The petition may be faxed provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission The mailing address for the Office of Administrative Hearings is 1601 Mail Service Center Raleiqh North Carolina 27699 1601 Phone 910 707 Be001 Internpt www ncdenr gov Fr,Eq,i 10 p i, � 4H ma 4 tc, Emplo 50/ Rec led 1oi Po (coq m Pa e NorthCarolina , Ivaruhallf US Marine Corps Camp Lejcanc Attn Carl Baker Deputy Public Works Officer Public Works Division DWQ Project # 2012 0270 July 18 2012 Page 2 of 8 Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000, Fax (919) 431 3100 A copy of the petition must also be served to DENR as follows Mr William Cary General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 If we can be of further assistance do not hesitate to contact us ri. CW/kah/jhs Enclosures Certificate of Completion Sincerely cc Jason Evert Dial Cordy and Associates Inc Brad Shaver Wilmington District USACOE Joanne Steenhuis DWQ, Wilmington Regional Office Nick Mills DLR Wilmington Regional Office Stephen Rynas DCM Morehead City File Copy PE Filename 120270Hanger P683/P687 (Onslow)401_IC JS Mar-e Cops Camp Li un Attn Carl Baker Deputy Public Works Officer Public Works Division DWQ Project # 2012 0270 July 18 2012 Page 3 of 8 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 (Division) Regulations in 15 NCAC 02H 0500 to Mr Carl Baker of the US Marine Corps Camp Lejeune to permanently impact 2 70 acres of wetlands (0 56 acres of these are isolated wetlands) temporarily impact 0 18 acres of wetlands and permanently impact 207 linear feet of stream in the White Oak River Basin associated with the expansion of the airfield and associated infrastructure on Camp Lejeune at the Marine Corps Air Station New River (MCAS) in Ori,.lo- County North Carolina purquapt to ap application filed on the I 1 th day of April of 2012 and additional correspondences received on April 26 2012 April 30 2012 May 17 2012 June 5 2012 June 16 2012 and June 17 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 If the project is changed prior to construction a new application for a new Certification is required (If the property is sold the new owner is responsible for complying with all conditions of this Certification and thereby must be given a copy of the Certification and approval letter) 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 15A NCAC 02H 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 Division shall be notified in writing and a new application for 401 Certification may be required Compliance with the conditions listed below is required Conditions of Certification 1 Impacts Approved The following 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 ipcideptal impacts y_ Amount Approved Impact # (Units) Perm Plan Location or Reference Stream Impacts Phase 1 impacts R12(IS) 207 if Figure 4, CG 008 and TOTAL 207 If Cross sections at W3/W4 attached 404/401 Wetlands Impact # Perm Temp 1 Phase I Impacts W4 0 62ac 0 18a I Figure 4, CG 008 and Cross sections at W31W4 (attached) Phase II Impacts W7 1 0 21 ac (isolated) W9 0 56 ac Figure 4 (attached) US Mannc Cc-ps Camp Lejean Ann Carl Baker Deputy Public Works Officer Public Works Division DWQ Project # 2012 0270 July 18 2012 Page 4 of 8 2 Anv final construction clans for this Droiect must include or reference the aimlication and Mans aDnroved by the Division under this authorization letter and certification It shall be the responsibility of the permitee to review all construction drawings with the approved permit drawings to determine that the drawings are consistent If the drawings are not consistent the applicant is required to address the inconsistencies to make sure the construction drawings match the permitted drawings or notify the agencies to discuss modifying the permit/drawings 3 Sediment and Erosion Control 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 protect 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 protect 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 or the Seaimentation Pollution Control Act 4 xTo aste spoil olids o- fill of any k nd shall occt.r in wetlands eaters 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 by Carl Baker Deputy Public Works Officer for US Marine Corps (USMC) Camp Lejeune and its authorized agents /contractors so that no violationa of s ate water gaai ty s +arAards s atu +es o- rules occur Any violations of this condition including turbidity and faded silt fences NWST be reported to the Wilmington Regional Office immediately at 910 796 721 The Division suggests that the Lonsti uc.tion plans contain notes requiring the contractor to %ide cast the material from the tl Lnching fi om the silt fenc,L installation onto high gi ound or onto the pei mittcd iredand impae t ,idt to avoid additional nnpei mitted ii etland impacts Figure 4 (attached) Phase M impacts W7 2 0 24 ac Wi 1 0 74 ac Figure 4 (attached) Wi 2 0 22 ac Figure 4 ( attached) Figure 4 (attached) Total 2 88 acres Waters N/A Buffers N/A 2 Anv final construction clans for this Droiect must include or reference the aimlication and Mans aDnroved by the Division under this authorization letter and certification It shall be the responsibility of the permitee to review all construction drawings with the approved permit drawings to determine that the drawings are consistent If the drawings are not consistent the applicant is required to address the inconsistencies to make sure the construction drawings match the permitted drawings or notify the agencies to discuss modifying the permit/drawings 3 Sediment and Erosion Control 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 protect 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 protect 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 or the Seaimentation Pollution Control Act 4 xTo aste spoil olids o- fill of any k nd shall occt.r in wetlands eaters 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 by Carl Baker Deputy Public Works Officer for US Marine Corps (USMC) Camp Lejeune and its authorized agents /contractors so that no violationa of s ate water gaai ty s +arAards s atu +es o- rules occur Any violations of this condition including turbidity and faded silt fences NWST be reported to the Wilmington Regional Office immediately at 910 796 721 The Division suggests that the Lonsti uc.tion plans contain notes requiring the contractor to %ide cast the material from the tl Lnching fi om the silt fenc,L installation onto high gi ound or onto the pei mittcd iredand impae t ,idt to avoid additional nnpei mitted ii etland impacts . S Mar Corps Carnp Lejeunc Ann Carl Baker Deputy Public Works Officer Public Works Division DWQ Project # 2012 0270 July 18 2012 Page 5 of 8 Sediment ana erosion control measures shall not be placed in wetlanas or waters to the maximum extent practicable If placement of sediment and erosion control devices in wetlands and i waters is unavoidable they Shall be removed and the natural grade restored within two months of the date that the Division of Land Resources has released the project 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 (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 11h2o enr state nc uslsulforms Documents htm Please contact this Office prior to construction for an on site meeting with a representative of the Division to explain this general permit and the Division's expectations 7 Pre - Construction Meeting The permittee shall notify the Division in writing prior to the beginning of the work authorized under this certification for Phase I A pre - construction meeting must be held with the Division prior to the start of the project phases so that the contractors and /or agents fully understand the conditions associated with this certification 8 Continuing Compliance Carl Baker Deputy Public Works Officer for US Marine Corps (USMC) Camp Lejeuneland its authorized agents /contractors shall conduct its 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 Carl Baker, Deputy Public Works Officer for USMC, Camp Lejeune shall require its contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of its contractorq (and /or agents) a copy of thr% Certification A, copy of thic Certification and associated permit drawings shall be included in the construction contract and available on the ,job site at all times 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 Carl Baker Deputy Public Works Officer for USMC Camp Lejeune and the US Army Corps of Engineers provide public notice in accordance With 15A NCAC 2H 0503 and provide opoortunity for public hearing in accordance with 115A NCAC 2H 0504 Any new of icvrsed wtidiuurizo shall be prodded to Car,' Bal er Deputy Publt., Works Officer for USMC Camp Lejeune in writing shall be provided to the United States Army JS Man= C„ rps Camp Je re Ann Carl Baker Deputy Public Works Officer Public Works Division DWQ Project # 2012 0270 July 18 2012 Page 6 of 8 Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act and snall also become conaitions or the 404 Permit for the project I 9 Mitigation Compensatory Mitigation Using the Greater Sandy Run Area Mitigation Bank (GSRA) a Local Approved Mitigation Bank and /or the Ecosystem Enhancement Program (EEP) Mitigation must by provided for the proposed imparts a-. Qpecified to tbp table below prior to implementing the Phase of the construction It is our understanding that you will be debiting mitigation credits for non riparian wetlands from GSRA for Phase II and III We also understand that you have been accepted for approval by the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet a portion of this mitigation requirement (Phase I ) For the mitigation dealing with EEP until the EEP receives and clears your check (made payable to DENR — Ecosystem Enhancement Program Office) no impacts specified in this Authorization Certificate shall occur The EEP should be contacted at (919) 733 5205 if you have any questions concerning payment into a restoration fund It is the understanding of the Division, that the Bachelor's Delight IVLtigation bank (a local bank) has been approved in Onslow County If you decide to change mitigation banks, please include this office and the central office of the Division on your correspondence For accounting purposes this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement 10 U ettatid Boutivary Identi ic,atton The wetland hoiindary mn-,t he clearly identified on the remaining jurisdictional wetlands present as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers The wetland boundary identification (flagging fencing etc ) must be maintained on the property until the project phase is completed I 1 Pretecti e Fencing The outz ide wctlaiid or watci boundary and along the construction witidot wtunn tnese 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 Compensatory Mitigation Required River and Sub basin Number Stream 207 linear feet in HUC (Phase 1) WOK 02/19 (11) Wetlands Riparian 0 62 acres within HUC (Phase 1) WOK 02/19 (11) Non Riparian ( including 2 08 acres within HUC (Phase II & III) WOK 02/19 (11) the isolated wetland) Waters N/A (acres) 10 U ettatid Boutivary Identi ic,atton The wetland hoiindary mn-,t he clearly identified on the remaining jurisdictional wetlands present as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers The wetland boundary identification (flagging fencing etc ) must be maintained on the property until the project phase is completed I 1 Pretecti e Fencing The outz ide wctlaiid or watci boundary and along the construction witidot wtunn tnese 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 US M-rin Corps Camp L J 6nc Attn Carl Baker Deputy Public Works Officer Public Works Division DWQ Project # 2012 0270 July 18 2012 Page 7 of 8 12 Temporary Filisiimpacts All temnorary impacts to streams or wetlands within Phase 1 must be installed with geotextile underneath them and removed in their entirety upon completion of that portion of the project that the impact occurred 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 2 months of the - stablishme*it of the crossing or the vompletion of the phaRe of the project the impact occurred whichever is sooner and the various sites shall be stabilized with natural woody vegetation 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 This site 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 13 Diffuse Flow All constructed stormwater conveyance outlets shall be designed and maintained as diffuse flow at non erosive velocities if they are directed through the wetlands such that it will not re concentrate before discharging If this is not possible it may be necessary to revise the stormwater plan to prevent this from occurring This may require additional approval from this Office for wetlands and stormwater revisions 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 NC DOT Sensitive Watershed Erosion and Sediment Control Practices Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds [ 15A NCAC 4B 0124] throughout the life of this project See NCDOT publication Best Management Practices for the Protection of Surface Waters (March 1997) 16 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 aenal 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 17 Turbidity Standard The turbidity standard of 25 NTUs (Nephelometne Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B 0200 Appropriate sediment and erosion control practices must be LS tlarre Corps Camp LeJeanc Attn Carl Baker Deputy Public Works Officer Public Works Division DWQ Project # 2012 0270 July 18 2012 Page 8 of 8 used to meet this standard Any violations to the turbidity standard need to be reported to the *nmington Regional Orrice at 910 796 721 18 This Certification does not relieve the applicant of the responsibility to obtain all other required Federal State or Local approvals 19 This certification grants permission to the director an authorized representative of the Director or DENR staff upon the presentation of proper credentials to enter the property during normal bL,slne -.s hour-. 20 Certificate of Completion Upon completion of the protect the Applicant shall complete and return the enclosed Certificate of Completion form to notify NCDWQ when all work included in the §401 Certification has been completed The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the NC Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 upon completion of the project This Certification shall expire on the same day as the expiration date of the corresponding 404 Permit The conditions in effect on the date of issuance of Certification for a specific protect shall remain in effect for the life of the protect, regardless of the expiration date of this Certification Non compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this Certification for the project and may result in criminal and/or civil penalties This the 18th day of July 2012 DIVISION OF WATER QUALITY 1�lw 4 ' J--) harles Wakild P E CW/kah/jhs 3934 1u w. o*x ..< m w u,. r. q.. �m m. w✓�u w r> +m.w umn oa iu. im .s ri ar xm i.ro { y A A�v h Ia ' m ® l i i i i nag a 1 pill - 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I � >iw. w w IwEwa AhYCII i 0 Mao I o mm CD IA ul La\ d z m ;Y i� fND i mo�D� n V1 r p o m Is1 5;\ v aco <,y I> g b O �' i \• 3 ° K r N D� ! �� �4 O Z ►� r Z H 11 W n ` v I \\ zA z m a Z 0 Cl) > 0 C- 1� r pgsgs , 0 co N°' =DOS W y .'(1 N I 1' ni5 go m 5 n to '� I 6 x m; y°z N nz no 1 � z is I S I Ixl n= I I I I I n u c � o x � z � r A 00 114 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director DWQ Project No County Applicant Project Name Date of Issuance of 401 Water Quality Certification Certificate of Completion Dee Freeman Secretary 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 this certificate to the 401 /Wetlands Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to DWQ by the applicant the applicant s authorized agent or the project engineer It is not necessary to send certificates from all of these Applicant s Certfcation I hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Agent's Certification Date I hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Date If this protect was designed by a Certified Professional I as a duly registered Professional (i a Engineer Landscape Architect Surveyor etc ) in the State of North Carolina, having been authorized to observe (periodically weekly full time) the construction of the project for the Permitee hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 tiv ater QuaLty Cvrtificadon and Buffer Riles the approved p'ar., and spec fications and other supporting materials Signature Date Registration No 1650 Mail Service Center Raleigh North Carolina 27699 1650 Location 512 N Salisbury St Floor 9 Raleigh North Carolina 27603 One Phone 919 807 63011 FAX 019 907 6494 NorthCarohna Internet www ncwaterquahty org Naturallff „,i E,,i I Opvor r t Affrrn � A r r"P o,er