HomeMy WebLinkAbout20030652 Ver 1_Approval Letter_20030902Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 2, 2003
Commanding General
c/o Mr. Scott A. Brewer, P.E., Director Env. Mgmt.
MCB Camp Lejeune
PSC 20004
MCB, Camp Lejeune, NC 28542
_ SUBJECT:
AM M-/401-MV
OCT - 8 2003
NAERMAMSM
Approval of 401 Water Quality Certification
and Additional Conditions
USMC Bullet and Casing Removal
@ ranges A-1, D-29, and D-30
DWQ Project No. 030652
Onslow County
Dear Mr. Brewer:
You have our approval, in accordance with Water Quality Certification #3360, to conduct the
following activity at ranges A-1, D-29, and D-30 in Camp Lejeune, Onslow County. This approval allows you
to:
1. Excavate approximately one foot of river bottom substrate for an average distance of 20 feet
beyond mean high water (MEW) along 1000 linear feet of shoreline, and excavate approximately
2 feet of material from the adjacent shoreline and berm to remove spent lead bullets and other
ammunition related materials and debris.
This approval is only valid for the purpose and design that you described in your Pre-Construction
Notification (PCN) application received by the Division of Water Quality (DWQ) on May 30, 2003, and the
requested additicm-2-1 i;Z6=2tion veeeived oft August 11, 2003. After revie i _. ptication, we have
determined that General Water Quality Certification Number 3360 covers this activity. This Certification can
also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification (#3360) allows
you to use your 404 Permit when the Corps of Engineers issues it. Please keep in mind that there may be
addition
ana P-roslon uontrol, loon-vischarge and Water Supply Watershed regulations, NPDES Stormwater, and
Coastal Stormwater. In addition, this approval will expire when the accompanying 404 Permit expires
unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. 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. If total wetland fills for this project (now or in the future)
exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). For
this approval to be valid, you must follow the conditions listed in the attached certification and the
additional conditions listed on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service _,!r
Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 `?((y+
Page Two
' Mr. Brewer
DWQ Project #030652
September 2, 2003
1. 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;
2. The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control
practices must be used to meet this standard, including the installation of sediment curtains
around the area to be excavated below MHW;
2. The river backfilling activities shall be eliminated from the project, allowing the excavated
area below MHW to return to original grade naturally.
Please notify the Wilmington Regional Office at (910) 395-3900) if any problem arises during the
construction of the project that may affect water quality.
Please read the attached conditions. If you do not accept any of the conditions of this
certification, 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 conforming 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 DWQ Permit # 030652. If you have any questions, please
telephone Noelle Lutheran at 910-395-3900.
Sincerely,
Alan W. Klimek, P.E.
Director, Division of Water Quality
Attachments: GC # 3360
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Mickey Sugg
401/Wetland Unit, Central Office - Cyndi Karoly
WiRO- Noelle Lutheran
WQC #3360
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 38
(CLEANUP OF HAZARDOUS AND TOXIC WASTE)
This General 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 Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge
of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (38). This
Certification replaces Water Quality Certification Number 2672 issued on January 21, 1992, and
Certification Number 2745 issued on February 11, 1997. This WQC is rescinded when the Corps
of Engineers re-authorizes Nationwide Permit 38 or when deemed appropriate by the Director of
the DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
Appropriate sediment and erosion control practices which equal or exceed those outlined
in the most recent version of the "North Carolina Sediment and Erosion Control Planning
and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more
appropriate (available from the Division of Land Resources (DLR) in the DENR Regional
or Central Offices) shall be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices
in order to assure compliance with the appropriate turbidity water quality standard;
3. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the original grade restored within two months after the Division of Land Resources
has released the project;
4. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
5. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
rk Mo aFlEa o - aro na eFlera acute- etion-' *- I?D(e) anyregrre
for written concurrence for a 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
7. That additional site-specific conditions maybe added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
8. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
4( a
WQC #3360
9. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of these corresponding Nationwide and Regional General Permits,
whichever is sooner;
10. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland, stream or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3360