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HomeMy WebLinkAbout20120270 Ver 2_Approval Letter_20121204A PER North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, P.E Director December 4, 2012 US Marine Corps, Camp Lejeune Attn: Carl Baker, Deputy Public Works Officer Public Works Division 1005 Michael Road Camp Lejeune, NC 28547 Dee Freeman Secretary DWQ #: 2012 -0270 v2 County: Onslow Subject: APPROVAL of 401 Water Quality Certification Modification Hanger P683/P687 and Airfield Roads, MCAS New River Air Station, Camp Lejeune USACE Action ID No. 2010 -01797 Dear Mr. Baker: Attached hereto is a copy of Certification No. 3945 issued to Mr. Carl Baker of the US Marine Corps, Camp Lejeune, dated December 4, 2012. This Certification replaces the Certification issued on July 18, 2012. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) NPDES Stormwater Permit (including NCG020000) Solid Waste, Sediment and Erosion Control, Dam Safety, Non - discharge and Water Supply Watershed regulations. Please pay careful attention to Conditions number 2, 4, 7, 8, and 9. You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (Webscape) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919 -807 -63001 F+ 919 -807 -6494 Internet- http:/ /portal nodenrorg /web /wq/ws An Equal opportunity 1 Affijmative Action Employer US Marine Corps, Camp Lejeune i DWQ Project # 2012 0270 V2 Page 2 of 8 1 December 4, 2012 Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: William Cary, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Unless such a petition is filed, this Certification shall be final and binding. If we can be of further assistance, do not hesitate to contact us. Sincerely, —N, Karen Higgins, Su isor Wetlands, Buffers, Stormwater — Compliance & Permitting Unit KAH /jhs cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 Jason Evert, Dial Cordy and Associates, Inc. Marty Korenek - IFE /EMD /ECON /12 Post Lane Camp Lejeune, NC 28547 Brad Shaver, Wilmington District, USACOE Joanne Steenhuis, DWQ Wilmington Regional Office Nick Mills, DLR, Wilmington Regional Office Stephen Rynas, DCM Morehead City File Copy Filename- 200270v2USMarineCorpsCampLejeuneHangerP683P687 (Onslow)401_IC_MOD.docx US Marine Corps, Camp Lejeune DWQ Project # 2012 0270 V2 Page 3 of 8 December 4, 2012 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is a modification of the previously issued certification dated July 18, 2012 and 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 (Division) Regulations in 15 NCAC 02H .0500 to Mr. Carl Baker of the US Marine Corps, Camp Lejeune to permanently impact 1.215 acres of wetlands (0.014 acres of these are isolated wetlands), temporarily impact 0.276 acres of wetlands (0.011 acres of these are isolated wetlands) and permanently impact 241 linear feet of stream in the White Oak River Basin, associated with the expansion of the airfield and associated infrastructure on Camp Lejeune at the Marine Corps Air Station New River (MCAS) in Onslow County, North Carolina, pursuant to an original application filed on the 11th day of April of 2012 and a modification request received on October 17, 2012 and additional information received on November 20 and 28, 2012. Please note that any unmodified terms and conditions of the original certification shall remain in effect. 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 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 02H .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 may be 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 to wetlands, streams, and /or buffers, are approved including incidental impacts: Type of Impact Amount Approved (Units) Plan location or Reference Stream Impacts Impact # Perm US Marine Corps, Camp Lejeune DWQ Project # 2012 0270 V2 Page 4 of 8 December 4, 2012 Phase 1 impacts R12(IS) R13(I5) TOTAL 207 If 341f 241 If Fig. 4, CG -008 Fig. 4 & Fig 9 (attached) 404/401 Wetlands Impact # Perm Temp Phase I Impacts W4 0.63ac 0.19ac Drawing Cross sections at W3 /W4 (attached) Phase II Impacts W5 0.011 ac 0.008 ac Fig. 5 & Fig. 9(attached) W7 -1 0.11 ac 0.005.ac Fig. 7 & Fig. 9 (attached) (isolated) W9 0.014 ac 0.011 ac Fig. 7 & Fig. 9 (attached) Phase 111 Impacts Wi -1 0.43 ac. 0.05 ac Fig. 8 & Fig. 9 (attached) Wi -2 0.02 ac 0.012 ac Fig. 8 & Fig. 9 (attached) Total 1.215 ac 0.276 ac 2. Anv final construction plans for this moiect must include or reference the application and plans approved by the Division under this authorization_ letter and certification. It shall be the responsibility of the permitee to review all construction drawings with the approved permit drawings to determine that the drawings are consistent. Documentation via letter or e-mail must be provided to the Division prior to the start of construction confirming that the construction drawings are consistent with the permitted drawings. If the drawings are not consistent, the applicant is required to notify the Division, c/o Joanne Steenhuis Wilmington Regional Office and address the inconsistencies prior to working in wetlands. 3. Sediment 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. US Marine Corps, Camp Lejeune DWQ Project # 2012 0270 V2 Page 5 of 8 December 4, 2012 4. 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 by Carl Baker, Deputy Public Works Officer for US Marine Corps (USMC), Camp Lejeune and its authorized agents /contractors so that no violations of state water quality standards, statutes, or rules occur. Any violations of this condition including turbidity and failed silt fences MUST be reported to the Wilmington Regional Office immediately at 910.796.7215. The Division suggests that the construction plans contain notes requiring the contractor to side cast the material from the trenching from the silt fence installation onto high ground or onto the permitted wetland impact side to avoid additional unpermitted wetland impacts. 5. 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 two months of the date that the Division of Land Resources has released the project. 6. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at http: / /Portal.ncdenr.org /web /wq /ws /su /npdessw #tab -w. Please contact this Office prior to construction for an on -site meeting with a representative of the Division to explain this general permit and the Division's expectations. 7. Pre - Construction Meeting The permittee shall notify the Division in writing or phone within two weeks prior to the beginning of the work authorized under this certification for Phase II and III. A pre - construction meeting may be required with the Division prior to the start of these phases if the Division has any concerns about the project's compliance. 8. Continuing Compliance: Carl Baker, Deputy Public Works Officer for US Marine Corps (USMC), Camp Lejeune and its authorized agents /contractors shall conduct its 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 US Marine Corps, Camp Lejeune DWQ Project # 2012 0270 V2 Page 6 of 8 December 4, 2012 federal law. Carl Baker, Deputy Public Works Officer for USMC, Camp Lejeune shall require its 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 and associated permit drawings shall be included in the construction contract and available on the job site at all times. 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 Carl Baker, Deputy Public Works Officer for USMC, Camp Lejeune 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 Carl Baker, Deputy Public Works Officer for USMC, Camp Lejeune 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. 9. Mitigation Mitigation must be provided for the proposed impacts as specified in the table below prior to implementing the Phase of the construction. It is our understanding that you will be debiting mitigation credits for non - riparian wetlands from Greater Sandy Run Area Mitigation Bank (GSRA) for Phase II and III. Please provide documentation that this is done prior to commencing construction in Phase II & III. We also understand that you have been accepted for approval by the Bachelor's delight Mitigation Bank. For the mitigation dealing with Bachelor's Delight Mitigation Bank, until the DWQ receives a paid invoice, no impacts specified in this Authorization Certificate shall occur (* additional Mitigation required for Phase 1) 10. Wetland Boundary Identification The wetland boundary must be clearly identified on the remaining jurisdictional wetlands present as depicted on the jurisdictional determination map signed by the US Army Corps of Compensatory Mitigation Required River and Sub -basin Number Stream 241 linear feet in HUC (Phase 1)* WOK 02/19 -(11) Wetlands — Riparian 0.02 acres within HUC (Phase 1)* WOK 02/19 -(11) Wetlands — Non - Riparian 0.585 acres within HUC (Phase II & III) WOK 02/19 -(11) (including the isolated wetland) (* additional Mitigation required for Phase 1) 10. Wetland Boundary Identification The wetland boundary must be clearly identified on the remaining jurisdictional wetlands present as depicted on the jurisdictional determination map signed by the US Army Corps of US Marine Corps, Camp lejeune DWQ Project # 2012 0270 V2 Page 7 of 8 December 4, 2012 Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained on the property until the project phase is completed. 11. 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 buffer, wetland or water prior to any land disturbing activities. 12. Temporary Fills /Impacts All temporary impacts to streams or wetlands within Phase 1, must be installed with geotextile underneath them, and removed in their entirety upon completion of that portion of the project that the impact occurred. All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed and bed profile after construction is complete or within 2 months of the establishment of the crossing or the completion of the phase of the project the impact occurred, whichever is sooner, and the various sites shall be stabilized with natural woody vegetation and restored to prevent erosion. If the temporary impacts /crossings are not completely removed and restored as described above within the specified time above, additional written approval from this Office must be obtained to modify this condition. This site will need to be monitored quarterly for at least two years with photo documentation and any remediation that may be necessary. The monitoring may be extended up to another 3 years, if the restoration sites have not adequately recovered. 13. Diffuse Flow All constructed stormwater conveyance outlets shall be designed and maintained as diffuse flow at non - erosive velocities if they are directed through the wetlands such that it will not re- concentrate before discharging. If this is not possible, it may be necessary to revise the stormwater plan to prevent this from occurring. This may require additional approval from this Office for wetlands and stormwater revisions. 14. Sewer Systems The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system regulations. 15. NC DOT Sensitive Watershed Erosion and Sediment Control, Practices Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds [15A NCAC 4B.0124] throughout the life of this project. See NCDOT publication, Best Management Practices for the Protection of Surface Waters (March 1997). US Marine Corps, Camp Lejeune DWQ Project # 2012 0270 V2 Page 8 of 8 December 4, 2012 16. Project Compliance At the completion of the project, the DWQ will require a determination of the area impacted (as- built) which is to encompass the location and acreage of the impact (it can be shown on an aerial or done as a survey). This is to be included with the Certification of Completion and sent to the Wilmington Regional Office and to Raleigh. 17. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 26..0200. Appropriate sediment and erosion control practices must be used to meet this standard. Any violations to the turbidity standard must be reported to the Wilmington Regional Office at 910.796.7215. 18. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. 19. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http: / /Portal.ncdenr.org /web /wq /swp /ws /401 /certsa ndperm its /apply /forms).. 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 the 4th day of November 2012 DIVISION OF WATER QUALITY C arles Wakild, P.E. 3945 CW/kah/jhs