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HomeMy WebLinkAbout20070245 Ver 8_Email from USACE_20210302From:McLendon, C S CIV USARMY CESAW (USA) To:Trone, Rick V Cc:Shaver, Brad E CIV USARMY CESAW (USA); Mickey Sugg; Smith, Ronnie D CIV USARMY CESAW (USA); Homewood, Sue Subject:[External] RE: MARSOC Motor Transportation Maintenance Expansion-additional time request Date:Tuesday, March 2, 2021 4:56:13 PM Attachments:image001.png CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good Afternoon Rick: We are in receipt of your letter regarding a request for an extension to a Reasonable Period of Time (RPOT) for consideration of the 401 WQC for the referenced project. We have not received adequate information from the applicant upon which to issue a Public Notice (PN) for the proposed modification and therefore, no RPOT has been established for this project. Upon receipt of the requested information we intend on issuing a PN at which time we will indicate the RPOT for the NC Division of Water Resources to complete its review of the proposal for the required 401 WQC. If you have any questions, please direct those to Mr. Shaver at Brad.E.Shaver@usace.army.mil Thanks Scott McLendon From: Trone, Rick V <rick.trone@ncdenr.gov> Sent: Wednesday, February 24, 2021 11:27 AM To: McLendon, C S CIV USARMY CESAW (USA) <Scott.C.McLendon@usace.army.mil> Cc: Capito, Rachel A - DELETED <Rachel.A.Capito@usace.army.mil> Subject: [Non-DoD Source] MARSOC Motor Transportation Maintenance Expansion-additional time request Chief McLendon, On January 21, 2021, the Division of Water Resources (DWR) received an application from MCB Camp Lejeune for an Individual 401 Water Quality Certification for the MARSOC Motor Transportation Maintenance Expansion (DWR # 20070245 Version 8). DWR requests your written concurrence that a reasonable period of time for consideration of the 401 application is 60 days. In support of this request we direct your attention to the following considerations: Type and Complexity of Proposed Activity: The project has included several modifications and this most recent version seeks authorization for new impacts and several after-the fact impacts to jurisdictional streams and wetlands. The first version of the project authorized permeant impacts to 12.5 acres of wetlands, 1.41 acres of temporary impacts to wetlands, and permanent impacts to 12,800 linear feet of streams. A Violation and Modification Agreement was issued on August 30, 2010. A modification to the permit was issued September 8, 2011 to address various mitigation failures and violation restoration failures. Further modifications were issued on September 12, 2017, November 7, 2017, and an after- the-fact authorization for a vehicle bridge in 2018. The current request proposes after-the- fact authorization for impacts to .06 acres of wetlands and 486 linear feet of streams for the SOF CSS Facility. Additionally, impacts to 0.11 acres of wetlands and 65 linear feet of stream are proposed for a Boat Maintenance and Storage Facility. A Large Vehicle Maintenance Storage Building will require 0.58 acres of wetland impacts. Additional wetland impacts beyond those previously authorized for the Loop Road (0.27 acres) are included in the application as an after-the-fact impact. Lastly, the applicant is requesting an extension of five additional years on the existing permit. The MARSOC Motor Transportation Maintenance Expansion is located in Onslow County and is adjacent to Stone’s Bay. Onslow County is a CAMA county. Magnitude of potential impacts to aquatic resources: The MARSOC Motor Transportation Maintenance Expansion proposes to impact 1.02 acres of wetlands and 609 linear feet of streams. The applicant has stated that 0.33 acres of wetlands and 486 linear feet of impacts are after-the-fact. The site is adjacent to Stone’s Bay and Stone’s Creek which are classified as High Quality Waters (HQW) in the White Oak River Basin and has the potential to impact these resources. Unique or Complex Site Conditions: The project proposes to impact wetlands and streams in addition to the large amount of impacts previously approved. The project location is adjacent to High Quality Waters in the form of Stone’s Bay and Stone’s Creek. The project is unique in its location and proximity to High Quality Waters, its history of permitting, violations, and repeated requests to permit after-the-fact impacts. Pending information request: DWR sent a request for additional information to the applicant and consultant on February 23, 2021 which is attached for your review. By making this request, DWR does not waive its right to determine that additional information or time is necessary to process the application. Further, DWR does not waive its right to contest the legality of the Corps’ August 7, 2019 Regulatory Guidance Letter, Corps regulations implementing section 401 of the Clean Water Act, or any actions taken by the Corps pursuant thereto. We respectfully request that you provide your written concurrence within five (5) days. Sincerely, Rick Trone 401 & Buffer Permitting Branch NCDEQ – Division of Water Resources (919) 707-3631 office 512 N. Salisbury Street, Suite 942-F, Raleigh, NC 27604 1617 Mail Service Center, Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties