NCS000290_DOD Camp Lejeune PC Email_20210805

From:Prendergast CIV Talia M
To:Powell, Jeanette
Cc:Taylor CIV Michael C; Blackwell CIV Heather E
Subject:[External] FW: MCB Camp Lejeune Post Construction Stormwater Program
Date:Thursday, August 5, 2021 6:50:18 PM
Jeanette, Please see below. In preparation for Monday’s meeting, we wanted to send over ourresponses that we hope to discuss in more detail next week. Thank you, Talia (Barraco) Prendergast, EIMCBCL Public Works DivisionCivil Design BranchOffice [phone] x3242Cell (239) [e-mail]
From: Prendergast CIV Talia M
Sent: Thursday, July 29, 2021 9:30 AM
To: Reed CIV Jenni P <[e-mail]>; Taylor CIV Michael C <[e-mail]>;
Blackwell CIV Heather E <[e-mail]>; Humes CIV Kenneth G
<[e-mail]>; Casey CIV Jonathan N <[e-mail]>; Schwartz CIV Sofia
E <[e-mail]>
Subject: MCB Camp Lejeune Post Construction Stormwater Program

All,

This morning’s internal meeting was very brief. The purpose was to give an update as to what we
planned to discuss with Jeannette and find a date/time to reschedule. We are planning for Monday,
Aug 9th to have a conference call with Jeannette. Based on our past meetings, I’ve provided a
response to Jeanette’s previous responses that we plan to discuss in more detail on the conference
call. Please review and add/revise as you see fit.

Black: MCB Camp Lejeune’s Original Question
Blue: Jeanette’s Response
Green: MCB Camp Lejeune’s Response to Discuss 08/09

a. As it stands, MCB CAMLEJ cannot review/approve Erosion & Sediment Control Plans. MCB
CAMLEJ requests confirmation that general permit NCG010000 will still be submitted to the
State and not require any Federal funding, aside from regular fees.
That is correct, NCG010000 will be issued by NCDEQ as usual.
MCB Camp Lejeune would like to take ownership of Post Construction SW (per the Memo)
and ESC. NCG01 will still be submitted to the State and not require any Federal funding.
Previous reference provided by the State does not appear to specifically state the Base
cannot take on ESC. Plan to have more conversation moving forward.

b. Assuming MCB CAMLEJ takes ownership of its post-construction program, MCB CAMLEJ
requests confirmation that permit renewals and rescissions will be handled internally, and
permits originally issued by the State would fall within our program.
State issued permits cannot be transferred to another entity for enforcement. In order to
“transfer” the control of a permit to MCB CAMLEJ, the MS4 would have to issue a permit and
then request that the state rescind the existing permit. The state would require
demonstration that the project is in compliance with the state permit before it can rescind
the state permit in lieu of the MCB CAMLEJ replacement permit. The City of Wilmington has
experience with this process, and may be a good technical resource for you. You can contact
Fred Royal, Stormwater Services Manager at 910-341-5818 or
[e-mail]
Heather and I contacted Fred Royal. He was helpful for more general questions with the
program and transition, but not specifically related to transferring permits to another entity
for enforcement. The rescission form the Base uses has the following as a rescission option:

This project has received approval from the City of Wilmington under their post-construction
ordinance which includes and covers both the previously approved construction under the
State permit, and all subsequent new construction. A copy of the new permit issues by the
City of Wilmington must be submitted along with this form.

Our assumption is we could use this same form/language but revise for Camp Lejeune.

c. Assuming MCB CAMLEJ takes ownership of its post-construction program, would MCB
CAMLEJ have to adopt all related post-construction requirements of the North Carolina
Administrative Code, or would MCB CAMLEJ be able to incorporate Energy Independence
and Security Act of 2007 requirements and/or other Federal/Camp Lejeune specific
requirements?
The MS4 permit does not circumvent the federal EISA requirements. In developing the local
post construction program, MCB CAMLEJ would need to consider how it can implement a
program that meets either the minimum Coastal Counties requirements in 15A NCAC 02H
.1019, the Universal Stormwater Management Program requirements in 15A NCAC 02H
.1020, or an approved Comprehensive Watershed Protection Plan in accordance with Part
II.F.2.b of the MS4 permit. Seymour Johnson implements such a plan, and would be a good
resource.
I have not personally reviewed the Seymour Johnson’s MS4 or their Comprehensive
Watershed Protection Plan; however, the goal would still be to incorporate the NCACs (for
Coastal Counties), EISA, and overall Base specific requirements to design/permit based on
the most stringent. We may need to figure out the best way to do so.

d. Assuming MCB CAMLEJ takes ownership of its post-construction program, what information
would be provided to MCB CAMLEJ from the State, e.g., all hard copy files, programs, and
any additional documentation on existing permits?
As explained above, the state retains authority and documentation for the permits that it has
issued. An official document request would need to be submitted in order for the DEQ
Regional Offices to provide requested information.
Assumption is we could obtain digital copies of all permits via Laserfiche. Would we be
required to retain a hard copy of all permits? Is a digital filing system adequate?

The initial response notes a document request. Is this a separate form/process or can
language be added to the Rescission Form that the Base will take over all available
documentation?

e. As part of this transition, would the State offer any training? How available and responsive
will the State be for questions/concerns early on in the development of a new program?
Would this require any Federal funding?
NCDEQ does not provide specific training, but always strives to provide appropriate technical
support. The MS4 Program is under-resourced, so responsiveness is subject to competing
priorities. Staff do not typically participate in local program development, including
ordinance development, legal guidance, etc.
Whether specifically for DOD or open to all municipalities that are making this transition, we
request workshops to assist in the transition and promote consistency.

Thank you,

Talia (Barraco) Prendergast, EI
MCBCL Public Works Division
Civil Design Branch
Office [phone] x3242
Cell [phone]
[e-mail]