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
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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