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Home My WebLink About20120562 Ver 1_Approval Letter_20120620F-IrmyVA ®EN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Charles Wakild P E Director June 20 2012 US Marine Corps Camp Lejeune Attn Carl Baker Deputy Public Works Officer Public Works Division 1005 Michael Road Camp Lejeune NC 28547 Mid Atlantic Military Family Communities LLC Attn R Jarl Bliss Vice President 200 Fairbrook Drive Suite 101 Herndon VA 20170 Dee Freeman Secretary DWQ Protect # 12 0562 Onslow County Subject Property Hero's Manor Subdivision, Camp Lejeune Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs Baker and Bliss You have our approval in accordance with the attached conditions and those listed below to temporarily impact 0 25 acres of jurisdictional wetlands for the purpose of constructing a temporary access road to the proposed subdivision as described within your application dated April 18 2012 and received by the Wilmington Regional office (WiRO) on June 12 2012 After reviewing your application it has been determined that the impacts are covered by General Water Quality Certification Number 3893 (GC3893) The Certification(s) allows you to use Nationwide Permit 33 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 Permit This approval is for the purpose and design that you described in your application The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the permit If you change your project you must notify us and you may be required to send us a new application Additional wetland impacts that may cause the impacts to exceed the 0 5 acre threshold will be required to be submitted as an Individual Permit 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 1601 Mad Service Center Raleigh North Carolina 27699 1601 Phone 919 707 -86001 Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer 50 / Recycled 1101/ Post Consumer Paper NorthCarohna Natali&k US Marine Corps Camp Lejeune Attn Carl Baker Deputy Public Works Officer Mid Atlantic Military Family Communities LLC Attn R Jarl Bliss Vice President DWQ Project # 2012 0562 June 20 2012 Page 2 of 5 approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below and on the following pages 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 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 Amount Approved (Units) Plan Location or Reference Wetlands W 1 (Temporary) 16 115 sq ft 0 25 acres Proposed Temporary Wetlands Impact Figures 3 & 4 attached Stream N/A Open Water N/A 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 US Marine Corps Camp Lejeune Attn Carl Baker Deputy Public Works Officer Mid Atlantic Military Family Communities LLC Attn R Jarl Bliss Vice President DWQ Project # 2012 0562 June 20 2012 Page 3 of 5 4 No Sediment & Erosion Control Measures w/n 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 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 wetland or water prior to any land disturbing 6 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 protect so that the contractors and /or agents fully understand the conditions associated with this certification 7 Construction Stormwater Permit NCGO 10000 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 protects 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 hto 11h2o enr state nc us/su/Forms6Documents htm 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 9 All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals In the event of a hydrocarbon or chemical spill the permrtee /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 or Steve Lewis at 919 807 6308 and after hours and on weekends call the USCG National Response US Marine Corps Camp Lejeune Attn Carl Baker Deputy Public Works Officer Mid Atlantic Military Family Communities LLC Attn R Jarl Bliss Vice President DWQ Project # 2012 0562 June 20 2012 Page 4 of 5 10 Re opener Clause The US Marine Corps Camp LeJeune and Mid Atlantic Military Family Communities LLC and their authorized agents shall conduct its activities to 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 The US Manne Corps, Camp LeJeune and Mid Atlantic Military Family Communities, LLC shall require their 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 If DWQ 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 the US Marine Corps Camp Lejeune and Mid Atlantic Military Family 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 US Marine Corps Camp Lejeune and Mid Atlantic Military Family Communities LLC in writing and 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 11 Wetland Impact Restoration The applicant will be required to follow the Temporary Wetland Restoration plan as proposed in item 6 on page 4 of 5of the Memorandum dated May 1 2012 in the application When the restoration has been complete, the applicant must contact the Division of Water Quality so a visual inspection can be performed 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 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 wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing You may obtain the petition form from the office of Administrative hearings You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice A petition is considered filed US Marine Corps Camp Lejeune Attn Carl Baker Deputy Public Works Officer Mid Atlantic Military Family Communities LLC Attn R Jarl Bliss Vice President DWQ Project # 2012 0562 June 20 2012 Page 5 of 5 when it is received in the office of Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 00 am and 5 00 pm except for official state holidays The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings The petition may be faxed provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission The mailing address for the Office of Administrative Hearings is Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows Mr William Carey General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 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 and complies with the requirement of the Notice of Deficiency (NOD) letter sent May 31 2012 If you have any questions please telephone Ian McMillan in the Central Office in Raleigh at 919 807 6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910 796 7306 Sincerely L Chad @s �Vakild P E Director 1 Division of Water Quality Attachment Enclosures GC 3893 Certificate of Completion cc Brad Shaver USACE Wilmington Regulatory Field Office Katie Madary PWS CPWD — Kimley Horn and Associates Inc Ian McMillan DWQ 401 Unit Stephen Rynas DCM Morehead City WiRO dk Z i H BREWSTER BOULEVARD l 1 i RRAPHIC SCALE 300 FIGURE 3 WETLANDS IMPACT HEROES MANOR PHASE 11 AT CAMP LEJEUNE ONSLOW COUNTY NORTH CAROLINA Ap d 19 2012 ■ =13 � hrc 4RY EXISTING / J/ RESIDENTIAL / / TEMPORARY DEVELOPMENT HAUL ROAD (PHASE 1) 1� Wo 3: cr- o � , 0� J LJ.I J U W U U Q SCALE 1 = 100 i � TEMPORARY WETLANDS IMPACT (0 25 AC) EXISTING \ WETLANDS CAMP LEdEUNE UNITED S7ATES MARINE CORPS SASE + PROPOSED m» '+ RESIDENTIAL + DEVELOPMENT ++ (PHASE 11) IV + T 01 \ \ FIGURE 4 PROPOSED TEMPORARY WETLANDS IMPACT HEROES MANOR PHASE II AT CAMP LEJEUNE ONSLOW COUNTY, NORTH CAROLINA April 19 2012 12=n Kimley Hom eum and Associates Inc