HomeMy WebLinkAbout20120771 Ver 2_Approval Letter_20120912r
4
z�o
HICRANK
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Marine Corps Air Station Cherry Point
Attn: George Radford
PSC Box 8006
MCAS Cherry Point, NC 28533
Charles Wakild, P. E.
Director
September 12, 2012
Dee Freeman
Secretary
DWQ Project # 2012 0765 and
DWQ Projects # 2012 -0771 V 1 and V2
Carteret County
Subject Property: Berthing Pier Extension, Floating Dock Construction and Bulkhead Repair
for BT -11, Sea Level
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Radford:
You have our approval, in accordance with the attached conditions and those listed below to extend the
berthing pier, construct a floating dock and repair a failing bulkhead with associated fill, as described in
your Pre - Construction Notification (PCN) applications dated August 9, 2012 and August 10, 2012 and
received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on August
15, 2012 and August 17, 2012 and additional information received on August 24, 2012. After reviewing
your applications, we have decided that the impacts are covered by General Water Quality Certification
Numbers 3883 (GC 3883) and 3885 (GC 3885). These Certifications allow you to use the General
Permits 198700056 (GP 56) and 197800080 (GP 80) when issued by the US Army Corps of Engineers.
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
General Permits.
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. 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 approval requires you to follow the conditions listed in the
attached certification and any additional conditions listed on the following pages.
1601 Mall Service Center, Raleigh, North Carolina 27699 -1601
Phone- 919 - 707 -86001 Internet www.ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
One
NorthCarolina
Amwd4
Marine Corps Air Station Cherry Point
Attn: George Radford
DWQ Project # 2012 0765 and
DWQ Projects # 2012 -0771 V 1 and V2
September 12, 2012
Page 2 of 4
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. 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 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.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B .0221. Appropriate sediment and erosion control practices must be used
to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if
any turbidity issues arise at 910.796.7215
4. 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.
5. 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 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
or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response
center at 1.800.424.8802.
Continuing Compliance:
7. Marine Corps Air Station Cherry Point and their 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
Amount Approved (Units)
Plan Location or Reference
Open Waters
0.0050 acres
Sheets S -02 and S -03 attached
Coastal wetlands
N/A
404/401 wetlands
N/A
2. 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 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.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B .0221. Appropriate sediment and erosion control practices must be used
to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if
any turbidity issues arise at 910.796.7215
4. 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.
5. 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 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
or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response
center at 1.800.424.8802.
Continuing Compliance:
7. Marine Corps Air Station Cherry Point and their 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
Marine Corps Air Station Cherry Point
Attn: George Radford
DWQ Project # 2012 0765 and
DWQ Projects # 2012 -0771 V 1 and V2
September 12, 2012
Page 3 of 4
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 Marine Corps Air Station Cherry Point, the US Army Corps
of Engineers, and provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for a public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to Marine Corps Air Station Cherry Point, 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;
8. 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
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
Marine Corps Air Station Cherry Point
Attn: George Radford
DWQ Project # 2012 0765 and
DWQ Projects # 2012 -0771 V 1 and V2
September 12, 2012
Page 4 of 4
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. 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,
4-\` cl>_�r
har akild, P.E., Director
Division of Water Quality
Attachment
Enclosures: GC 3883
GC 3885
Certificate of Completion
cc: Steve Harvey, PE — Dewberry and Davis, Inc.
Jessica Guilanelli — Natural Resources Specialist MCAS Cherry Point - Electronic
Christy Wicker - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Stephen Rynas - DCM Morehead City - Electronic
W iRO
WD�
I N
•
LJ
mmommmumm
im
Y
0
0
O
3
z
r,
O
01
C'
Z
m
w
a
m �
z3
w�
I I •�
I�
oa 1
t
O
o
I a
� N
o �
I x ¢
O
-• - -- • - = w
�a I�
II o
x N U
w I O
w I r •_._ V III
Wa li` Z II
01 IIII
I� I•. �I I I
�I ;�. •. - - - -- -- - - -�,; � III
IIl,1' I III
1
Z
O Z
w
U
Is' -o°
K U
U
O
II
U
N
om
w a
U O
m
W
Z Ir
z
w�
aaa
z =z NW ❑aa
wmw Wm� o00
I
\
U
Zo
m Q
DO �•i�
0 0 01b
a
o
M 1 y
:c
(30
p^
gaz
UHF
00 �j ;tt
g
I
I
N
SNVId NOuonHISN00
0
z
00
a,
00010
v¢
N
O
m mw
00 0 1
za o
¢
00 0C I
0
0 0 0
U
J
g d <
.0 All
: � _
6�� : n
0
00 qi
LO3
h�
S
e a
�
' C
(W8ZZldD) NlVd3d ad3H>nno t[-I8
�m
n
U I
I
\\
p U> O
w
an d I
I I "-�..•
\\
O N '1NIOd MN3HO 'NOI1d1S 8IV SdHOO 3NINVw
s
q
N
Y
5
I
3
0 W W
S
OHIYIP03 M833NtM SD11OW WA" M. 3111 30 1Q3 Wd30
Z w I
1 1
O
x0 \\
z Zwmx
W
wa
O x
w l N
WD�
I N
•
LJ
mmommmumm
im
Y
0
0
O
3
z
r,
O
01
C'
Z
m
w
a
m �
z3
w�
I I •�
I�
oa 1
t
O
o
I a
� N
o �
I x ¢
O
-• - -- • - = w
�a I�
II o
x N U
w I O
w I r •_._ V III
Wa li` Z II
01 IIII
I� I•. �I I I
�I ;�. •. - - - -- -- - - -�,; � III
IIl,1' I III
1
Z
O Z
w
U
Is' -o°
K U
U
O
II
U
N
om
w a
U O
m
W
Z Ir
z
w�
aaa
z =z NW ❑aa
wmw Wm� o00
I
\
0 0 E1,1
Zo
DO �•i�
0 0 01b
a
o
:c
(30
p^
gaz
UHF
00 �j ;tt
o
<a
oor,6col
N
w
00
a,
00010
v¢
N
O
m mw
00 0 1
za o
¢
00 0C I
0
0 0 0
U
J
0
00 qi
LO3
h�
U I
I
\\
p U> O
w
an d I
I I "-�..•
\\
Z
N
W I
I
U \ \\
0 W W
J
O
Z w I
1 1
O
x0 \\
z Zwmx
W
wa
O x
w l N
K�
aN \ \
ZUH3=
Wn w
\\\
O
11
D in aO
\\
ZN
Zw
,gym
\ \\
NW
OUP W
m
CL
-Z
..
\�
Q
2 Z
U -
�
o W
3
ti
0 0
W
m
F1
°0 oz o
pW�
U)
z
ozo
0 0
I�
l-
WD�
I N
•
LJ
mmommmumm
im
Y
0
0
O
3
z
r,
O
01
C'
Z
m
w
a
m �
z3
w�
I I •�
I�
oa 1
t
O
o
I a
� N
o �
I x ¢
O
-• - -- • - = w
�a I�
II o
x N U
w I O
w I r •_._ V III
Wa li` Z II
01 IIII
I� I•. �I I I
�I ;�. •. - - - -- -- - - -�,; � III
IIl,1' I III
1
Z
O Z
w
U
Is' -o°
K U
U
O
II
U
N
om
w a
U O
m
W
Z Ir
z
w�
aaa
z =z NW ❑aa
wmw Wm� o00
z
0
o�z \ts- o Q �� Q
NO Z \\
wa° \\
0OC!"
� Y
W U
v ¢
\5
S
0
I m Vi!5 49
094.01 fS,1"
1l'�y
0 0 E1,1
•
II +•
DO �•i�
0 0 01b
a
o
:c
(30
p^
gaz
UHF
00 �j ;tt
o
<a
oor,6col
N
w
00
a,
00010
v¢
N
O
m mw
00 0 1
za o
¢
00 0C I
0
0 0 0
U
J
0
00 qi
z
0
o�z \ts- o Q �� Q
NO Z \\
wa° \\
0OC!"
� Y
W U
v ¢
\5
S
0
I m Vi!5 49
094.01 fS,1"
1l'�y
•
II +•
�•
o
b
0
J
0
O
h�
0
.4
Q
W
U °� °� U-)
I
n
n
C'3
Z
z
O°
I
II
c
O�
Cli
rl-) I
N I
I,
N
D
m
II
O
mm
All
_�_I
\ G)
11
2
cn
O
C
O D
r
m
i F 4 M—E.1 Oi 1HE NnW 4 iKNES EKG RIK CO—Q a e {
a a e MARINE CORPS AIR STATION, CHERRY POINT, N Cq
i! m IA r 1 YQ • a
t"
p o w aN BT-11 BULKHEAD REPAIR (CP1228M) 9 s s 6 me a �S
W_ r. 2 z I I I A I I I I N .��fp += 1i BSA
C §
° SECTIONS
@ 1 9
0
�1 =
m A
N
nOIO
< Z
O
O
O
Z
A O O
O
\ A
N mN
x
Sn �
f r
. -2;m
z z r
z
SI m
O X
O Z
O n
z �
m
E —
■1N
1b,
I_p
71
I
w
I
l J
Vl
O r=iti
r r CO K
n VJ
A Cn
m
O
° N x A
O
9m
9m
r1
A A N
x Z
O O O
fl ^
!1
T C
O
O
0 N
D D x
zi O
A y
°
L - --
L ___
I
O
N
S Z
0 0 �
Z am
°o
j Al
Z N
r-
I
I
I
Z
�
I I
I _
I
1
1
L ___yTT�Ey
•
II
_I
IIi
I
----------
X m
A Z
II---------
v
--
_II
O (D/1
V1
V1
m
Z
O
O A O
xcz
NZSp
O
O
O
y
m O�A
C7
H
A
O
mU
00,
Z.ZOI ()
D
ZO
N
O
N
N A
0
A
y
K
\ G)
11
2
cn
O
C
O D
r
m
i F 4 M—E.1 Oi 1HE NnW 4 iKNES EKG RIK CO—Q a e {
a a e MARINE CORPS AIR STATION, CHERRY POINT, N Cq
i! m IA r 1 YQ • a
t"
p o w aN BT-11 BULKHEAD REPAIR (CP1228M) 9 s s 6 me a �S
W_ r. 2 z I I I A I I I I N .��fp += 1i BSA
C §
° SECTIONS
@ 1 9
0
�1 =
m A
N
nOIO
< Z
O
O
O
Z
A O O
O
\ A
N mN
x
Sn �
f r
. -2;m
z z r
z
SI m
O X
O Z
O n
z �
m
E —
■1N
1b,
I_p
71