20090725 Ver 1_Approval Letter_20090819

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AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director

Dee Freeman
Secretary

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Beverly Eaves Perdue
Governor

August 19,2009

DWQ Project # 09 0725
Onslow County

Atlantic Marine Corps Communities, LLC
Attn: Mr. Dale Conner
180 1 West End Avenue
Ste 1700
Nashville, TN 37203

Subject Property:

New River Officer Housing, Jacksonville
Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Conner:

You have our approval, in accordance with the attached conditions and those listed below, to permanently impact
127 linear feet of stream for the purpose of two road crossings to access the property, as described within your
application dated June 18, 2009 and received by the Wilmington Regional office on June 28, 2009 and additional
information received on August 18,2009. After reviewing your application, it has been determined that the
impacts are covered by General Water Quality Certification Number(s) 3704 (GC3704). The Certification(s)
allows you to use Nationwide Permit 14 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits before you
go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and
stormwater regulations. 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

This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us 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
conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

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 127 feet EX-1.0 and Plan & profile view
sheet (attached)
404 Wetlands N/A (acres)

Wilmington Regional Oftice
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone]/ FAX: [phone]
Internet: wINW,ncwaterquality,orq

One he .
Nort arohna
;Volt/rollll

An Equal Opportunity/Affirmative Action Employer
50% Recycled/lO% Post Consumer Paper

Customer Service 1-877'623-6748

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Page Two
Atlantic Marine Corps Communities, LLC
Attn: Me Dale Conner
DWQ # 09-0725
August 19,2009

2. Sedimentation 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 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

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 Pre-Construction Notification. 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. No Sediment & Erosion Control Measures within Wetlands or Waters

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 NCGOI0000

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 (NCGOI0000) 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://h2o.enr.state.l1c.us/su/FormsDocuments,htm.

...

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Page Three
Atlantic Marine Corps Communities, LLC
Attn: Mr. Dale Conner
DWQ # 09-0725
August 19,2009

6. Wetland Boundary Protective Fencing

The outside buffer, 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;

7. Culverts in streams

Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion ofthe stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert

Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. 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.

8. "Re-opener" Clause

Atlantic Marine Corps Communities, LLC and its authorized agents 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. Atlantic Marine Corps Communities, LLC shall require its contractors (and/or agents) to comply with
all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this
Certification. A copy of this Certification shall be included in the construction contract and available on
the job site at all times. IfDWQ 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, DWQ 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, DWQ shall notify Atlantic Marine
Corps Communities, LLC 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 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

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. Two copies of the final construction
drawings shall be furnished to NCDWQ prior to the pre-construction meeting. Written verification shall
be provided that the final construction drawings comply with the attached permit drawings contained in
the Application dated August 19,2009.

.
,

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Page Four
Atlantic Marine Corps Communities, LLC
Attn: Mr. Dale Conner
DWQ # 09-0725
August 19,2009

10. Pre-Constructi on meeting

The applicant and/or authorized agent shall be required to conduct a pre-construction meeting with the
contractors and a DWQ representative. Please call this Office at 910.796.7306 to schedule a
representative to be present at the meeting.

11. 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 40llWetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.

Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the
404 or CAMA Permit

If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this
letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714.
This certification and its conditions are final and binding unless you ask for a hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If
you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919.733.1786 or
Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.

Sincerely,

Coleen H. Sullins, Director
---< Division of Water Quality

Attachments
Enclosures:

GC 3704
Certificate of Completion

cc: Thomas J. Davis - Littlejohn Engineering
Marty Karonic - USMC Camp Lejeune Environmental Management
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Richard Spencer - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
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