HomeMy WebLinkAbout20070245 Ver 1_Approval Letter_20070524Michael F. Easley, Governor
AWK/cbk/~m
Alan W. Klimek, P.E. Director
Division of Water Quality
May 24, 2007
Mr. John Townson
Marine Corps Base -Camp Lejeune
PSC Box 20004
Camp Lejeune, NC 28542-0004
Re: Marine Corps Special Operation Command, Camp Lejeune,
Onslow County
MARSOC Master Plan and MARSOC Wastewater Collection System
DWQ #20070245; USACE Action 1D. No. 2007-00286-067
APPROVAL of 401 Water Quality Certification With Additional Conditions
Dear Mr. Townson:
Attached hereto is a copy of Certification No. 3659 issued to the Mr. John Townson and the United States
Marine Corps, dated May 4,.2007. 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,. Non-discharge acid Water Supply Watershed regulations. This
Certification replaces the one issued to you on May 4, 2007.
If we can be of further assistance, do not hesitate to contact us.
Attachments: Certificate of Completion
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Sincerely,
~~
Alan W. Klimek, P.E.
cc: Becky Fox, EPA -Region 4, 1307 Firefly Road, Whittier, NC 28789
Keith Harris, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Janet Russell, DLR Wilmington Regional Office
Stephen Rynas, Division of Coastal Management, Morehead City
File Copy
Central Files
Suzanne Klimek, EEP
Martin Korenek, Marine Corps Base, PSC Box 2004, Camp Lejeune, NC 28542-0004
Filename
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-68931 Internet: http:!/h2o.enr.state.nc.uslncwetlands
070245MarSOC(Onslow)401 IC
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An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
Mr. John Townson and the United States Marine Corps
Page 2 of 5
May 24, 2007
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. John Townson and the United States Marine Corps to
fill or otherwise impact up to 13.91 acres of wetlands (including fill in an estimated 9.0 acres of riparian
wetlands and 3.5 acres ofnon-riparian wetlands, along with 1.41 acres of temporary impacts associated
with utility lines) and 12,8001inear feet of streams in the White Oak River Basin, associated with the
construction of the Marine Special Operations Command Complex, a modern multi-purpose machine gun
range and service roads in Onslow County, North Carolina, pursuant to an application filed on the 8th day
of February of 2007 and received on February 9, 2007, and in additional correspondence received March 8,
2007, and May 15, 2007, including a Public Notice issued by the U.S. Army Corps of Engineers on March
7, 2007. We understand that the impacts described within the Public Notice are preliminary and represent a
worst-case scenario. Final impacts are likely to be reduced. Therefore, the applicant is required to notify
DWQ of specific impacts and mitigation payments made as design details are refined. Mitigation payments
or other mitigation plans pursued shall be made prior to implementation of impacts associated with this
project.
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 only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. 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 wetland
or stream fill be requested in the future, additional. compensatory mitigation may be required as described
in 15A NCAC 2H .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 maybe required. For this approval to be valid,
compliance with the conditions. listed below is required.
Conditions of Certification:
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:
Amount A roved nits Plan Location or Reference
404 Wetlands 12.5 acres permanent impacts Site Plan -Master Plan Wetlands Impact dtd
(9.0 acres riparian, 3.5 acres January 24, 2007
non-riparian)
1.41 acres tem orary im acts
Streams Site Plan -Master Plan Wetlands Impact dtd
12,8001inear feet January 24, 2007
Mr. John Townson and the United States Marine Corps
Page 3 of 5
May 24, 2007
Sediment and Erosion Control:
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 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 shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit 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;
4. 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;
Continuing Compliance:
Mr. John Townson and the United States Marine Corps,. 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. John Townson and the United States Marine Corps 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. John Townson and/or the United States Marine Corps 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;
Mr. John Townson and the United States Marine Corps
Page 4 of 5
May 24, 2007
Mitigation:
6. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you intend to use credits from the Greater Sandy Run Wetland Mitigation Bank
located on and owned by Camp Lejeune in Onslow County as described in your application to
meet this mitigation requirement. Our records show that the Greater Sandy Run Wetland
Mitigation Bank in Onslow County is available for credit release for non-riparian wetlands for
your project. As project design is refined, Camp Lejeune shall identify the credits used from the
bank, and provide updated account sheets to DWQ. This contribution has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. For accounting purposes,
this Authorization Certificate authorizes use of the Greater Sandy Run Wetland Mitigation
Bank to meet the following compensatory mitigation requirement:
Compensatory Mitigation River and Sub-basin Number
Re uired
Non-Riparian Wetlands 7.0 acres required [represents 2:1 White Oak/030502
miti ation for 3.5 acres filled]
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) or other alternatives
We understand that the Marine Corps may wish to utilize the NC Ecosystem Enhancement
Program (EEP) for stream and riparian mitigation credits for this project. As of March 26, 2007,
the EEP had provided confirmation that mitigation would be provided for up to 5.0 acres of
riparian wetlands and 13,000 linear feet of streams. Please note. that a final, specific request will
need to be sent to the EEP, and a formal acceptance letter must be received from the EEP in order
for this agreement to be finalized. If the EEP does not accept responsibility for all riparian
-mitigation credits needed for this project, then an additional, alternative mitigation plan shall be
pursued by the applicant in order to meet the remaining mitigation requirements. If EEP does
accept responsibility for this project, please note. that this. has been determined by the DWQ to be
a suitable method to meet mitigation requirements. Until the EEP receives and clears a check
(made payable to: DENR -Ecosystem Enhancement Program Office) for a specifically identified
impact location(s),. the. specific impacts specified in this Authorization Certificate shall not occur.
The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment
into a restoration fund. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetland and Stream Restoration Funds to meet the following
compensatory mitigation requirements; however, to date, the EEP has not provided formal
approval for use of the EEP program for this project:
Compensatory Mitigation
Re uired River and Sub-basin Number
Riparian Wetlands Up to 18.0 acres riparian White Oak/030502
wetlands mitigation may be
needed from the EEP or
another alternative [represents
2:1 mitigation for 9.0 acres
filled
Streams 12,800 (feet) White Oak/030502
Mr. John Townson and the United States Marine Corps
Page 5 of 5
May 24, 2007
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.
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.
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. Unless
such demands are made, this Certification shall be final and binding.
This the 24t'' day of May, 2007
DIVISION OF WATER QUALITY
~~
Alan W. Klimek, P.E.
AWK/cbk/ijm
3659
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
county:
Certificate of Completion
Upon, completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this .certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the .applicant's authorized agent, or the project engineer. It is 'not necessary to send
certif Cates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401. Water Quality Certification and Buffer Rules, the~approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
I, .
used in the observation of the
compliance -and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe ~ (periodioally,
weekly,. full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
'and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the apprQVed plans and
specifications, and other supporting materials.
Date:
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date