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HomeMy WebLinkAbout20110834 Ver 1_Approval Letter_20111201M NCDEB�it North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 19, 2011 DWQ Project 4 110834 Marine Corps Base Camp Lejeune Onslow County Attn: Mr. Carl Baker, Deputy Public Works Officer Public Works Division IOOS Michael Road Camp Lejeune, NC 28542 Subject Property: Hadnot Point and French Creek Utility, Camp Lejeune Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Baker: You have our approval, in accordance with the attached conditions and those listed below to -permanently impact 0.392 acres of wetlands, temporarily impact 0.71 acres of jurisdictional wetlands, temporarily impact 10 linear feet of stream and temporarily impact 0.124 acres of open waters, as described within your 401 Preconstruction Notification (PCN) application dated August 11, 2011 and received by the Wilmington Regional office (WiRO) on October 12, 2011 and additional information received on December 15, 2011. After reviewing your application, it has been determined that the impacts are covered by General Water Quality Certification Number 3819 (GC3819). The Certification allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USAGE). 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 or CAMA 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. 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 below. Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910- 796 -7215 / FAX: 910- 350 -2004 Internet: www.ncwaterquality orb An Equal Opportunity /Affirmative Action Employer 50% Recycled/ 10% Post Consumer Paper Nor thCarolina Natiilil& Customer Service 1- 877 -623 -6748 Page Two Marine Corps Base Camp Lejeune Attn: Mr. Carl Baker, Deputy Public Works Officer DWQ # 110834 December 19, 2011 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. Amount A proved . nits Plan Location or Reference Stream NIA 404/441 Wetlands Sheets CU 116, CU 120, CU 122, CU 123, Temporary 0.71 acres CU125,.CU130, CU138 --- CU141, CU153 Permanent 0.392 acres — CU156, CU168, CU170- CU172, CU179, CU180, CU188 & CU512 (attached) Stream Temporary 10 linear feet Sheet CU 180 attached OpenWaters Temporary 1 0.124 acres Sheets CU138 -CU140 (attached) 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. Page Three Marine Corps Base Camp Lejeune Attn: Mr. Carl Baker, Deputy Public Works Officer DWQ # 11 0834 December 19, 2011 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. 4. No Sediment & Erosion Control Measures within Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior written approval from the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilbrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the project. 5. Temporary Wetland Impacts Restoration of the areas to be temporarily impacted needs to have the soils separated into the different layers. When placing the soils back into the trench, do it in the reverse order of how it was excavated (the hydric soil and organics need to be put on top — first excavated needs to be the last soils to be put in trench). See also detail A4 on permit drawing CU512. 6. Construction Stormwater Permit NCGO10000 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 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 htt :11h2o. enr. state. ne. us /su/Forms Documents. htm. Page Four Marine Corps Base Camp Lejeune Attn: Mr. Carl Baker, Deputy Public Works Officer DWQ # 110834 December T9,2011 7. Continuing, Compliance: Mr. Carl Baker, Deputy Public Works Officer for the US Marine Corps Base, Camp Lejeune 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 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, Deputy Public Works Officer for the US Marine Corps Base, Camp Lejeune and their 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 214.0504. Any new or revised conditions shall be provided to Mr. Carl Baker, Deputy Public Works Officer for the US Marine Corps Base, Camp Lejeune and their 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; 8. Anti -Seep Collars Anti -seep collars shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried utility lines. (See condition # 21 on the Water Quality Certification # 3819). See also detail C4 on permit drawing CU512. 9. Determination of Impacts At the completion of the project, the DWQ will require a determination of the area impacted which is to encompass the location and acreage of impact (it can be shown on an aerial or done as a survey). This to be included with the Certification of Completion and sent to the Wilmington Regional Office (address on the. letterhead page) and to Raleigh (address below). 10. 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. Page Five Marine Corps Base Camp Lejeune Attn: Mr. Carl Baker, Deputy Public Works Officer DWQ # 110834 December 19, 2011 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. If you do not accept any of the conditions of this Certification (associated with the approved wetland impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. 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 910.796.7215. Sincerply, Colee ullins, Director Division o Water Quality Attachments Enclosures: GC 3819 Certificate of Completion cc: Ron Johnson AECOM Marty_Korenek — Camp Lejeune Environmental Ian McMillan - DWQ 401 Oversight Unit, Raleigh Brad Shaver - USACE Wilmington Regulatory Field Office Stephen Rynas, DCM Morehead City WiRO