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HomeMy WebLinkAbout20110745 Ver 1_Approval Letter_20120117®NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild, P.E. Governor Director January 17, 2012 Marine Corps Base Camp Lejeune Attn: Mr. Carl Baker, Deputy Public Works Officer Public Works Division 1005 Michael Road Camp Lejeune, NC 28542 Re: Cogdels Creek Main Battle Tank Road on the Marine Corps Base Camp Lejeune, Onslow County DWQ Project # 2011 0745, USACE Action ID. No. 2011 01427 Cogdels Creek, (030502,19-23, SC, NSW) APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Baker: Dee Freeman Secretary Attached hereto is a copy of Certification No. 3877 issued to Mr. Carl Baker, Deputy Public Works Officer, Public Works Division US Marine Corps Base Camp Lejeune, dated January 17, 2012. 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, Land Quality, Non - discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. C W/kah/i m Attachments: Permit Drawings Permit 105, 106 and 107 Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 Ron Johnson, AECOM Brad Shaver Wilmington District, USACOE Joanne Steenhuis, DWQ, Wilmington Regional Office Nick Mills, DLR, Wilmington Regional Office Stephen Rynas, DCM Morehead City File Copy Sincerely, (! Charles Wakild, P.E. Filename: 110745_ USMCCampLejuneCogdelsCreekMamBattleTankConnectorRd (Onslow)401_I1C Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone. 919 - 807 -63001 FAX 919807 -6494 Internet http / /portal.ncdenr org /web /wq /ws An Equal Opportunity 1 Affirmative Action Employer Marine Corps Base Camp Lejeune Page 2 of 6 January 17, 2012 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, Public Works Officer Public Works Division US Marine Corps Base Camp Lejeune to temporarily impact 0.48 acres of jurisdictional wetlands and to permanently impact 0.954 acres of jurisdictional wetlands in the White Oak Basin for the proposed Cogdels Creek Main Battle Tank Connector Road located on Camp Lejeune, in Onslow County, North Carolina, pursuant to an application filed on the 315` day of August 2011, and in additional correspondences received on November 15, 2011, December 15, 2011 and January 9, 2012. 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 for the purpose and design submitted in the application materials and as described in the Public Notice and revised during the project phases to reduce impacts. The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the permit. 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 additional wetland or stream fill or impacts be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 211.0506 (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 additional 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 Units Plan Location or Reference 404/401 Wetlands Permanent Impacts Wetland No. 1 — 0.00 acres Sheet Permit 105 (attached) Wetland No. 2 — 0.003 acres Sheet Permit 105 (attached) Wetland No. 3 0.54 acres Sheet Permit 105 (attached) Wetland No. 4 0.27 acres Sheet Permit 106 (attached) Wetland No. 5 — 0.14 acres Sheet Permit 107 (attached) Wetland No. 6 — 0.001 acres Sheet Permit 107 (attached) Total 0.954 acres Temporary Impacts Wetland No. 1 — 0.01 acres Sheet Permit 105 (attached) Wetland No. 2 — 0.05 acres Sheet Permit 105 (attached) Wetland No. 3 0.21 acres Sheet Permit 105 (attached) Marine Corps Base Camp Lejeune Page 3 of 6 January 17, 2012 Standard Sediment and Erosion Control Practices 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 and if applicable, comply with the specific conditions and requirements of the Construction Stormwater Permit issued to the site: a. 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. b. 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. c. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control -Act and the Mining Act of 1971. d. Sufficient Materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout Jr), SA, WS -1, WS -II, High Quality, Outstanding Resource Waters (ORW) or 303(d) listed waters, then the sediment and erosion control requirements contained within "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0124) supersede all other sediment and erosion control requirements. Sediment and erosion control measures shall not be placed in wetlands or waters. 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 the dis- equilibrium of wetlands above and below these structures. All sediment and erosion control structures shall be removed and the natural grade restored within two (2) months of the establishment of the crossing or the completion of the phase of the project the impact occurred, whichever is sooner; 4. No Impacts Beyond Those in Application 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 404/40 1 Permit Application, as authorized in the written approval from the Division. 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. Silt fences shall be placed on all wetlands within fifty feet of land disturbance. Wetland No. 4 0.12 acres Sheet Permit 106 (attached) Wetland No. 5 — 0.08 acres Sheet Permit 107 (attached) Wetland No. 6 — 0.01 acres Sheet Permit 107 (attached) Total 0.43 acres Additional permit drawings are on rile in the WiRO and Central Office files Streams N/A Waters N/A Standard Sediment and Erosion Control Practices 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 and if applicable, comply with the specific conditions and requirements of the Construction Stormwater Permit issued to the site: a. 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. b. 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. c. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control -Act and the Mining Act of 1971. d. Sufficient Materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout Jr), SA, WS -1, WS -II, High Quality, Outstanding Resource Waters (ORW) or 303(d) listed waters, then the sediment and erosion control requirements contained within "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0124) supersede all other sediment and erosion control requirements. Sediment and erosion control measures shall not be placed in wetlands or waters. 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 the dis- equilibrium of wetlands above and below these structures. All sediment and erosion control structures shall be removed and the natural grade restored within two (2) months of the establishment of the crossing or the completion of the phase of the project the impact occurred, whichever is sooner; 4. No Impacts Beyond Those in Application 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 404/40 1 Permit Application, as authorized in the written approval from the Division. 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. Silt fences shall be placed on all wetlands within fifty feet of land disturbance. Marine Corps Base Camp Lejeune Page 4 of 6 January 17, 2012 Any violations of this condition including turbidity and failed silt fences MUST be reported to the Wilmington Regional Office immediately at 910.796.7215. 5. Concrete. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the State. Water that inadvertently contacts uncured concrete shall be NOT be discharged to surface waters due to the potential for elevated pH and possible aquatic life /fish kills. Road Crossings: 6. Culvert Installation All work in or adjacent to stream waters or wetlands shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (hltp://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.Pdfl such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water or wetlands. Placement of culverts in streams and wetlands /waters must be placed below the elevation of the streambed /wetland by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having less than or equal to 48 inches, to allow low flow passage of water and aquatic life. Installation of culverts in wetlands must ensure continuity of water movements and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways or other fill projects are constructed across FEMA - designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in the destabilization of streams or wetlands. Any rip -rap required for proper culvert instal lation/placement shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be buried or "keyed in" such that the original wetland/stream is maintained and not de- stabilized. Appropriately sized sills/baffle will be required in culverts across streams /wetlands to prevent scouring; 7. 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 (NCGO 10000) 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: // portal .ncdenr.or,/q/ws/su/npdessw #tab -w along with other information. Marine Corps Base Camp Lejeune Page 5 of 6 January 17, 2012 8. Temporary Fills /Impacts All temporary fill and culverts shall be removed and the impacted area returned to the original grade after construction is complete or within 2 months of the establishment of the crossing or the completion of the phase of the project the impact occurred, whichever is sooner, and the various sites shall be stabilized with natural woody vegetation (except for the maintenance areas of permanent utility crossings) and restored to prevent erosion., If the temporary impacts /crossings are not completely removed and restored as described above within the specified time above, additional written approval from this Office must be obtained to modify this condition. These sites will need to be monitored quarterly for at least two years with photo documentation and any remediation that may be necessary. The monitoring may be extended up to another 3 years, if the restoration sites have not adequately recovered. 9. Construction Plans Any final construction plans for this proiect must include or reference the application and plans approved by the DWO under this authorization letter and certification. 10. Continuing Compliance: Mr. Carl Baker, Public Works Officer Public Works Division US Marine Corps Base Camp Lejeune and his authorized agents and /or contractors, 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, Public Works Officer Public Works Division US Marine Corps Base Camp Lejeune and his authorized agents and /or contractors 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, Public Works Officer Public Works Division US Marine Corps Base Camp Lejeune and his authorized agents and/or contractors 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; Other conditions: 11. Equipment All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call 1.800.858.0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. Marine Corps Base Camp Lejeune Page 6 of 6 January 17, 2012 Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Pre - Construction Meeting The permittee shall notify the DWQ in writing prior to the beginning of the work authorized under this certification. A pre - construction meeting must be held with the DWQ prior to the start of the project so that the contractors and/or agents fully understand the conditions associated with this certification. 13. Protective Fencing The outside wetland or water boundary and along the construction corridor within these boundaries (approximately within 50 feet of a disturbed area) 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. 14. Project Compliance At the completion of the project, the DWQ will require a determination of the area impacted (as- built) which is to encompass the location and acreage of the impact (it can be shown on an aerial or done as a survey). This is to be included with the Certification of Completion and sent to the Wilmington Regional Office and to Raleigh at the address listed below. 15. 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 Wetlands, Buffers, Stormwater, Compliance and Permitting (WeBSCaPe), 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 Permit. c 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. This certification and its conditions are final and binding unless you ask for a hearing. This the ZNF ay of Jan 2012 DNS O TE ALIT Y Charles Wakild, P. E. 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