20090271 Ver 1_Approval Letter_20090617

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
June 17, 2009
US Marine Corps Base Camp Lejeune
Attn: Mr. Carl Baker, Deputy Public Works Officer
Public Works Division
1005 Michael Road
Camp Lejeune, NC 28542
Re: P-1 Multi-Purpose Machine Gun Range Project, Onslow County
DWQ Project # 2009 0271
USACE Action ID. No. 2007 03235
APPROVAL of 401 Water Quality Certification
Dear Mr. Baker:
Attached hereto is a copy of Certification No. 3800 issued to Mr. Carl Baker, Deputy Public Works Officer for
the US Marine Corps Base Camp Lejeune, dated June 17, 2009. 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.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/Ym
Attachments: Certificate of Completion
Sinc ly,
#Leoleen Sullins
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
Marty Karonic, USMC Environmental Management
Richard Spencer, Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Karl Hammers, DLR, Wilmington Regional Office
Stephen Rynas, DCM, Morehead City Office
Anne Deaton, DMF, P.O. Box 769, Morehead City, NC 28557
File Copy
Filename: 090271 MCBP 1 MachineGunRangeProject(Onslow)401_IC
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] /FAX: [phone]
Internet: www.ncwaterqualitv.ora
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarofina
Naturally
Customer Service 1-877-623-6748
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, Deputy Public Works Officer for the US Marine Corps Base Camp
Lejeune to impact 71.60 acres of jurisdictional wetlands and vegetation maintenance on 17.89 acres of additional
wetlands in the White Oak River Basin, associated with the construction of P-1 Multi-Purpose Machine Gun Range
Project in Onslow County, North Carolina, pursuant to an application filed on the 18th day of May of 2009.
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 only valid for the purpose and design submitted in the application materials and as described in
the Public Notice. 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 wetland or stream fill be requested in the
future, additional compensatory mitigation may be required as described in 15A NCAC 2H.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 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:
Amount Approved (Units) Plan Location or Reference
Stream N/A N/A
404/401 Wetlands
Impacts
Vegetation Maintenance
71.60 acres
17.89 acres Figure 11 P-1 Range -
Proposed Wetland Fill (X-001)
Also Figure 13 (W-001) &
Figure 14 W-002)
Waters N/A N/A
Buffers N/A N/A
Sediment and Erosion Control:
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 in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project 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 project.
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 of the Sedimentation Pollution Control Act.
3. 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 404/40IPermit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of
Land Resources has released the project;
5. 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 (NCG010000) 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: Ah2o. enr. state. nc. us/su/Forms Documents. htm.
Continuing Compliance:
6. Mr. Carl Baker, Deputy Public Works Officer for the US Marine Corps Base Camp Lejeune, 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, Deputy Public Works Officer for the US Marine
Corps Base Camp Lejeune 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, Deputy Public Works
Officer for the US Marine Corps Base Camp Lejeune 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;
Mitigation:
7. Compensatory Mitigation Using the Greater Sandy Run Area (GSRA) Wetland Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We understand that
you will be using the GSRA Wetland Mitigation Bank, to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the
DWQ receives documentation that these credits have been debited from the bank, no impacts specified in
this Authorization Certificate shall occur. You have one month from the date of this approval to debit
these impact credits.
Compensatory Mitigation
Required River and Sub-basin Number
Stream N/A feet
Wetlands 71.60 acres WOK 02/19-41-5
Waters N/A (acres)
Road Crossings
8. Culverts
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. Design and placement of culverts
and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium shall be maintained if requested in writing by DWQ.
Other conditions:
9. Construction Plans
Any final construction plans for this project must include or reference the application and plans approved
by the DWQ under this authorization letter and certification.
10. Wetland Boundary Identification
The wetland boundary must be clearly identified on the remaining have 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 is completed.
11. Protective Fencing
The outside wetland or water boundary and along the construction corridor within these 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.
12. 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 401/Wetlands Unit, 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 or CAMA Permit.
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. Unless such demands are made, this Certification shall be final
and binding.
This the 17th day of June 09
DIVISION OF W T R LITY
oleen Sullins
CHS/cbk/?m
3800