HomeMy WebLinkAbout20231716 IC approval letterDocuSign Envelope ID: 0830C78A-AO5A-4CD1-90DD-442OBD94DA6A x ,
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
USMC-Camp Lejeune
Attn: Jenni Reed
1005 Michael Rd
Camp Lejeune, NC 28547
NORTH CAROLINA
Enlrtronmertfrrl Quality
April 15, 2024
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed improvements to Parachute Tower Road at Marine Corps
Base Camp Lejeune (MCBCL) in Onslow County. P1584U.
NCDWR Project No. 20231716
Dear Ms. Reed:
Attached hereto is a copy of Certification No. WQC006497 issued to the USMC-Camp Lejeune dated April 15,
2024.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Docu igned by:
9C9866312DCD474...
Richard E. Rogers, Jr., Director
Division of Water Resources
cc:
Brad Shaver, US Army Corps of Engineers, Wilmington Office
Jessi Baker, MCBCL, jessi.bakerausmc.mil
Jason Hartshorn. Kimley-Horn, jason.hartshom@kimley-hom.com
Garcy Ward, NC Division of Water Resources, Washington Regional Office
File Copy
D— E North Carolina Department of Environmental Quality I Division of Water Resources
n« �� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: 0830C78A-AO5A-4CD1-90DD-442OBD94DA6A
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
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 Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the MCBCL to impact 0.006 acres of wetlands and 38 linear
feet of stream in Onslow County. The project shall be constructed pursuant to the application dated received
December 15, 2023 and additional information received March 26, 2024. The authorized impacts are as described
below:
Wetland and Stream Impacts in the White Oak River Basin
Wetlands Permanent
Streams Permanent
Site
ac
1
1
0.006
38
The application provides adequate assurance that the discharge of fill material into wetlands and waters of the White
Oak River Basin in conjunction with the proposed activity 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 and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received
December 15, 2023 and additional information received March 26, 2024. Should your project change, you are
required to notify NCDWR and submit a new application. If the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all the conditions. If any
additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one -tenth of one acre or
300 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H
.0506 (c) (2) and (4).
For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you
should obtain all other federal, state or local permits before proceeding with your project including (but not limited
to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations.
This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands
or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water
use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the
Division may inspect the property.
Condition(s) of Certification:
1. This Certification is associated with the Corps of Engineers Nationwide 14 permit.
2. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 0830C78A-AO5A-4CD1-90DD-442OBD94DA6A
3. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)]
4. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H
.0506(b); 15A NCAC 02H .0507(c)]
5. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers. [15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)]
6. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
7. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil
disturbance and compaction. [15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231]
8. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for
the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occur. [15A NCAC 02H .0506{b)(2) and 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.02311
a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall
be equal to or exceed the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment
and Erosion Control Manual.
b. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual. Reclamation measures and implementation shall comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act
of 1971.
d. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
1, WS-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watershed.
9. Sediment and erosion control measures shall not be placed in wetlands or surface waters or within 5 feet of the top
of bank without prior approval from DWR. [15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)]
10. Erosion control matting in riparian areas shall not contain a plastic or nylon mesh grid which can impinge and
entrap small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of
native trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [I 5A NCAC
02H.0506(b); 15A NCAC 02H .0507(c)]
11. 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 dis-
equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures.
All sediment and erosion control devices shall be removed from wetlands and waters and the natural grade
restored within two (2) months of the date that the Division of Energy, Mining and Land Resources (DEMLR)
or locally delegated program has released the specific area within the project. [15A NCAC 02H .0506(b); 15A
NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an- a L " �� 919.707.9000
DocuSign Envelope ID: 0830C78A-AO5A-4CD1-90DD-442OBD94DA6A
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)]
13. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and
allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and
below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the
stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall
be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If
the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles,
benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are
used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such
that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot
for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a
diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert
outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial
into the streambed is not required. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
14. Water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall
be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(2) and (b)(3)]
15. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with
the disturbed area. Approved best management practices from the most current version of the NC Sediment and
Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities
Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. [15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200]
16. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed
areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be
placed such that the original streambed elevation and streambank contours are restored and maintained and shall
consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b); 15A NCAC
02H .0507(c)]
17. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by
wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic
pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control
and to ensure structural integrity of bank stabilization measures. [ 15A NCAC 02H .0506(b); 15A NCAC
02H .0507(c); 15A NCAC 02B .0201]
18. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by the end of the growing season following completion of construction. [15A NCAC 02B.0506(b)(2)]
19. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall
be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer
application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface
waters. [ 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 ]
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [I 5A NCAC 02H.0506(b)(2) and (b)(3)]
21. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)
and any other appropriate requirements of State and Federal law. If the NCDWR determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 0830C78A-AO5A-4CD1-90DD-442OBD94DA6A
or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may
reevaluate and modify this certification. [ 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)]
22. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [15A NCAC 02B.0506(b); 15A NCAC 02B.0507(c)]
23. The Permittee will conduct a pre -construction meeting with all appropriate staff to ensure that the project
supervisor and essential staff understand the permit conditions and any potential issues at the permitted
site. NCDWR staff shall be invited to the pre -construction meeting. [ 15A NCAC 02H .0506(b); 15A NCAC
02H .0507(c)]
24. Upon completion of the project (including any impacts at associated borrow or waste sites), the Permittee shall
complete the "Certification of Completion Form" to notify the NCDWR when all work included in the 401
Certification has been completed. [ 15A NCAC 02H.0507(c)]
25. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the
construction and maintenance of this project. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)]
This Certification shall become null and void unless the above conditions are made conditions of the Federal 404
and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or
CAMA permit. Please be aware that impacting waters without first applying for and securing the issuance of a 401
Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title
15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction
or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code
of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or
coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file
with the Director of the North Carolina Division of Water Quality. Violations of any condition herein set forth may
result in revocation of this Certification and may result in criminal and/or civil penalties. Pursuant to G.S. 143-
215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of
$25,000.00 per day for each violation.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations
(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a
Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)
within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North
Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding
requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 0830C78A-AO5A-4CD1-90DD-442OBD94DA6A
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 150B-23(a).
This the 15' day of April, 2024
DIVISION OF WATER RESOURCES
DOCUSigned by:
9C9886312DCD474...
Richard E. Rogers, Jr., Director
WQC No. 006497
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000