20061820 Ver 2_Approval Letter_20091124

FEMA
'A' N If ' "A
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 24, 2009
Mr. Kristoff T. Bauer
City of Jacksonville
P.O. Box 128
Jacksonville, NC 28541
Dee Freeman
Secretary
Re: City of Jacksonville WWTP and Sprayfield Expansion, Onslow County
DWQ #20061820 V2; USACE Action ID. No. 200500197
APPROVAL of 401 Water Quality Certification with Additional Conditions - MODIFIED
Dear Mr. Kristoff T. Bauer and the City of Jacksonville:
Attached hereto is a copy of Certification No. 3714 issued to Mr. Kristoff T. Bauer and the City of
Jacksonville, dated November 23, 2009. This Certification modifies the Certification issued to you on
November 19, 2007. 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.
Sincere ,
Coleen H. Sullins
CHS/cbk/Um
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Summary of permitted, revised and new wetland impacts (Excel Spreadsheet)
Drawings SK-1 - SK-7
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Wilmington Regulatory Field Office, Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
DLR Wilmington Regional Office
File Copy
Bill Hixon, Malcolm Pirnie, Inc., 701 Town Center Drive, Suite 600, Newport News, VA 23606
061820Ver2COJacksonvilleW WTPAndSprayfieldExpansion(Onslow)401_IC_MOD
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NonrthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Mr. Kristoff T. Bauer and the City of Jacksonville
Page 2 of 6
November 24, 2009
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 21-1, Section .0500 to Mr. Kristoff T. Bauer and the City of Jacksonville, to fill or
otherwise impact 25.56 acres of 404/wetland and 400 linear feet of intermittent stream and permanently
convert 4.78 acres of forested wetland, to construct the proposed City of Jacksonville wastewater treatment
plant and sprayfield expansion, which is located partially within the City Limits of Jacksonville, and
partially west of the City of Jacksonville, between Five Mile Road and Blue Creek Road, Onslow County,
North Carolina, pursuant to an application dated October 20, 2006 and received by the DWQ oit November
21, 2006, by Public Notice by the U.S. Army Corps of Engineers issued on the 17th day of November of
2006 (received by DWQ on November 21, 2006), and all additional information received by the DWQ on
December 6, 2006, March 1, 2007, April 3, 2007, May 31, 2007, September 6, 2006, October 16, 2007,
October 17, 2007 and October 22, 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 and the modification request received October 22, 2009. 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 21-1.0506 (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:
Type of Impact Amount Approved
nits Plan Location or Reference
404/Wetland 25.56 acres Application and Public Notice/ Modification 10/15/09
Stream - intermittent 400 (linear feet Application and Public Notice/ Modification 10/15/09
404 forested wetland
permanent conversion
4.78 acres
A lication and Public Notice/ Modification 10/15/09
Mr. Kristoff T. Bauer and the City of Jacksonville
Page 3 of 6
November 24, 2009
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
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 404/401 Permit 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. 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 activities to ensure compliance with 15A NCAC
2B .0259;
Continuing Compliance:
6. Mr. Kristoff T. Bauer and the City of Jacksonville 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. Kristoff T. Bauer and the. City of Jacksonville 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. Kristoff T. Bauer and the City of Jacksonville 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;
Mr. Kristoff T. Bauer and the City of Jacksonville
Page 4 of 6
November 24, 2009
7. Construction Stormwater Permit NCGO10000
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 (NCGO10000) 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 regrnired. A copy of this permit and monitoring report forms may
be found at hM. Ah2o. enr. state. nc. us/su/Forms Documents. htm;
Mitigation:
8. Compensatory Mitigation Using Onsite Restoration, NCEEP Mitigation and Preservation
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you will be purchasing 25.56 acres of non-riparian wetland mitigation credit from
the NCEEP. Additionally, we understand that you will be by preserving approximately 566 acres
of wetlands with 73 acres of upland inclusions within Parcels 2, 3, and 23 [Ben Williams Pocosin
Preservation Area (Figure 1 and 2)] and by purchasing 25.6 credits from NCEEP. The
combination of preservation on Parcels 2, 3, and 23 and the purchase of credits from NCEEP
provide 1 acre of restoration and approximately 22 acres of wetlands preservation for each acre of
permanent impact plus the ecological value of the upland inclusions.
Additionally, we understand that to mitigate for the permanent conversion of approximately 4.78
acres of forested wetlands, the City proposes to preserve approximately 52 acres of wetlands with
38 acres of upland inclusions on Parcels 11 and 12 [Venters / Barber Bottomland Preservation
Area (Figure 1 and 3)]. Preservation of the 52 acres of wetlands represents greater than a 10:1
mitigation ratio for permanent conversion. The above-referenced acreage also provides buffer
along one side of Southwest Creek and Stewart Branch for approximately 4,900 and 4,350 linear
feet, respectively. The buffers vary in width from 30 to 1,300 feet wide along the two streams.
These methods have been determined by the DWQ to be suitable means to meet the mitigation
requirement. You have 60 days from the date of this approval to make your payment to the
NCEEP. For accounting purposes, this Authorization Certificate authorizes payment into the
Wetlands Restoration Fund to meet 25.50 acres of non-riparian wetland mitigation credit and 400
linear feet of stream mitigation for the following compensatory mitigation requirement:
e of Impact
k__2
1 Compensatory Mitigation Required River and Sub-basin N
umber
0
4/Wetland 25.56 acres White Oak/03030001
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
Mr. Kristoff T. Bauer and the City of Jacksonville
Page 5 of 6
November 24, 2009
10. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
11. 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.
12 Determination of Impacts
At the completion of the project, the DWQ will require a determination of the area impacted
which is to encompass the location and acreage of the impact (as-built). This is to be included
with the Certification of Completion and sent to the Raleigh Office (address on the letterhead
page) and to The Wilmington Regional Office (DWQ 401 Wetlands, 127 Cardinal Drive Ext.,
Wilmington, NC 28405).
13. 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 Oversight/Express Review Permitting 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 24th day of Novemb r 2009
DIVI N OF WAT R Q ITY
Coleen H. Sullins
CHS/cbk/?m
3714
?
ANP'A'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Kristoff T. Bauer and the City of Jacksonville have permission as outlined
below to fill or otherwise impact 25.56 acres of 404/wetland as described in your modification request dated
October 15, 2009 and received by the DWQ on October 19, 2009, to construct the proposed City of Jacksonville
wastewater treatment plant and sprayfield expansion, which is located partially within the City Limits of
Jacksonville, and partially west of the City of Jacksonville, between Five Mile Road and Blue Creek Road, Onslow
County, North Carolina. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT
THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20061820
LOCATION: City of Jacksonville
COUNTY Onslow
BASIN/ SUB BASIN White Oak/03030001
As required by 15A NCAC 211.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
25.56 Acres 404/Wetlands 25.56 Acres 404/Wetlands
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 061820Ver2COJacksonvilleW WTPAndSprayf eldExpansion(Onslow)401_IC_EEP_MOD
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o,enr,state,nc.us/ncwetlands/
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++t+++ + +t+++ + ++ t t t tt+ + +t+t+t+
+
+ + + t + t f + + f+ + + + +
++ t+t ++ ++? + + + +
+++ +++ t++? + + + + +
++ ++t++++?t ++t++++
t + + + t t + + + + + + + + t +
t+t t+ +t++ +?1t?+w fy + + + t+t+t+ -
++?- + t+++ + ++ +++++ + t+' I P C 4
+++t ++t +"+++ + + + + + t t + + PROVIDE 140 LF
+ +:: + + + f + t + +?' OF STABILIZED
++ t++'+++ .j+t++ +++ t 5 ACCESS TRAIL
+? +++ f + + .?
C +?'
++ + i ..... • ;; eft 7
i + + t
N=372 .6 t: X1:47 .
:C
E-242 .1 -: o:.:;
`N= 2 .4
E 4902.
.. . .
.......... .........:
:.......
C14 _
\ wN' 372071. y y t:
=37187 4
E= 38 .8
75 0 75 150
N=37 6.5
E=2424 1.9 SCAL
:$. E: 1" =150'
.,W.W _ REF: IRRIGATION SYSTEM PLAN 24
CITY OF JACKSONVILLE. NORTH CAROLINA IRRIGATION SYSTEM MALCOLM PIRNIE. INC.
DEPARTMENT OF PUBLIC SERVICES ADDITIONAL STABILIZED
UPGRADE AND EXPANSION ACCESS TRAIL OCTOBER 2009
CONTRACT 2 SCALE: 1' _ 150' SK-5
s
n
0
s
Y
?c
S.
...
:.....
:
.15,..: '
:.i .
' ..{...............
.;.
iii •• {
PROVIDE 86 LF
' OF STABILI ZED
ACCESS TRAIL
/IMPACT 75` /.
N=370419.1
E=2428682.3
+ t /+ t +? t
+ t t t + + +
+ + t + t
+ + + + :: .......... :.:.:::::.?.:•:• ::.:..::.........
{.
,.
0
.. .
:. (YY????}}
r ..::.:: :i i
r i.
.... N= 370387.9 '
E=242891 6.8 ........... 0....
PROVIDE 168 LF"
STABILIZED is r
ACCESS TRAIL
y "?
IMPACT 56':*-:'-' :.•
... .............
E=242W9_4„
x
671 7.7.7.
.:
`.
N 68$.4
= 5 9.0
0
31318 \
+ +
t
+ +
+ +t
+
0

NTY OF JACKSONVILLE, NORTH CAROLINA
DEPARTMENT OF PUBUC SERVICES
UPGRADE AND EXPANSION
CONTRACT 2
60

75 0 75 150
SCALE: 1" =150'
REF: IRRIGATION SYSTEM PLAN 29
IRRIGATION SYSTEM MALCOLM PIRNIE, INC.
ADDITIONAL STABILIZED OCTOBER 2009
ACCESS TRAIL SK-6
SCALE: 1" = 150'
rf .. 0 64.
...':? .?' Ire 63.8 .,:.: N363898.6 `? . .
:.r.., :tr :::: E=242.1586.&
67.5 ?• ?
N=363651 4`'
E=242341 9 '
.ti.......:..
N= 63561.7
\ x E=2 23458.8 ....::::;: ::: ::::: :.: ::::
. t :
585 ...........................
.. r .. .^ .: _:
l .. N=363503.8 ... :fi7: r r
E=2423?25. .: "''' r r r
.. .................... ... .....
?j/?\\ r r r
60.2 :.:+....:..
?:..
44163377.6 "'
x E=2423564.1 r - :; ... .....:...
r n
N- 2.6 IMPACT 65 r r r r
0 .4 r r
r
41
60.8. 6 PANEL 20
x EL.52.68
:/
? ..? 53.8
w / P?-
/ P? PROVIDE 80 LF
OF STABILIZED
/ PL ACCESS TRAIL
P?
75 0 75 150
SCALE: 1" =150'
REF: IRRIGATION SYSTEM PLAN 35
CITY OF JACKSONVILLE. NORTH CAROLINA IRRIGATION SYSTEM MALCOLM PIRNIE. INC.
DEPARTMENT OF PUBLIC SERVICES ADDITIONAL STABILIZED OCTOBER ! 2009
UPGRADE AND EXPANSION ACCESS TRAIL
CONTRACT 2 . AL SCALE: 1" - 150' SK-7
4 4
NCDE?IR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
DWQ Project No.:
Applicant:
Project Name:
Division of Water Quality
Coleen H. Sullins
Director
County:
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 Certification
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 project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., 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 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No.
Date
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturall,ff