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HomeMy WebLinkAbout20210751 Ver 1_White Oak River Trestle replacement April 2021_20210429 DocuSign Envelope ID:84EC4CB2-4FA3-4188-B5D4-3A1 E84839270 --„STATE°Fti,,, , y nr o 03 0�''. IO ROY COOPER o J l-. a Governor `a P.` _f4` a DIONNE DELLI-GATTI ` 4 ,.,z,xi _= Secretary 48`Q ^N0`" S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality April 29, 2021 DWR#20210751 Onslow County USMC Camp Lejeune Attn: Neal Paul, Deputy Director MCBCL Public Works Dept. 1005 Michael Road Camp Lejeune, NC 28547 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Onslow County Dear Mr. Paul: You have our approval for the impacts listed below for the purpose described in your application dated and received by the Division of Water Resources (Division) April 12, 2021 and subsequent information on April 26, 2021. These impacts are covered by the attached Water Quality General Certification Number 4132 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Wetland Impacts in the White Oak River Basin Site Fill Fill Excavation Mechanized Hand Area under Total (ac) (temporary) (ac) Clearing Clearing Bridge Wetland (ac) (ac) (ac) (ac) Impact(ac) Site 1 0.050 0.060 0.050 Site 2 0.001 0.001 D E Q North na Department of Environm Quality I Division of Wat Ru !!!/// 512 NorthCaroli Salisbury Street 1 1617 Mail Service ental Center I Raleigh,North Carolina ereso 27699-16rces17 NORTH CAROLINA Department al Environmental Quality 919.707.9000 DocuSign Envelope ID:84EC4CB2-4FA3-4188-B5D4-3A1 E84839270 USMC Camp Lejeune DWR#20210751 401 Certification Page 2 of 7 Site 2 0.019 0.019 Site 4 0.010 0.020 0.010 0.060 0.020 0.080 0.080 Total Total Wetland Impact for Site: 0.080 acres. Open Water Im-acts in the White Oak River Basin Site Permanent Fill in Temporary Fill in Total Fill in Open Open Waters (ac) Open Waters (ac) Waters(ac) Site 1 0.01 0.01 0.01 0.01 Total Total Open Water Impact for Site: 0.01 acres. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below,you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday)from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. The MCB Camp Lejeune Project Manager or Environmental Personnel will conduct a pre- construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and wetland impacts at the permitted site. NCDWR staff shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3) 2. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2) DocuSign Envelope ID:84EC4CB2-4FA3-4188-B5D4-3A1 E84839270 USMC Camp Lejeune DWR#20210751 401 Certification Page 3 of 7 3. As a condition of this 401 Water Quality Certification,the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)] 5. All bridge construction shall be performed from the existing bridge,temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3) 6. Work Moritoria— [15A NCAC 02H.0506(b)(2) and 15A NCAC 04B. 0125 The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving or vibration techniques) prescribed by the National Marine Fisheries Service and/or NC Division of Marine Fisheries for Primary Nursery Areas. No in-water work is permitted between February 15 and September 30 of any year,without prior approval from the NC Division of Water Resources and the National Marine Fisheries Service and/or NC Division of Marine Fisheries. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout. Species Moratorium Dates Primary Agency Sturgeon Feb 1-Jun 30 NMFS Other Anadromous Feb 15-Jun 30 NMFS Spotfin Chub May 15-Aug 31 USFWS Cape Fear Shiner Section 7 Consultation USFWS Eastern Sunfish Apr 1-Jun 30 NCWRC Western Sunfish May 1-Jun 30 NCWRC Rainbow Trout Jan 1-Apr 15 NCWRC Brook/Brown Trout Oct 15-Apr 15 NCWRC Primary Nursery Areas Feb 15-Sep 30 NMFS/NCDMF Sea Turtle (Nesting) May 1-Nov 15 USFWS Piping Plover(Nesting) Apr 1-Jul 15 USFWS Manatee (In-water work)Jun-Oct USFWS Mussels Section 7 Consultation USFWS DocuSign Envelope ID:84EC4CB2-4FA3-4188-B5D4-3A1 E84839270 USMC Camp Lejeune DWR#20210751 401 Certification Page 4 of 7 General Conditions 7. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures.The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 8. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200] 9. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 10. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 14. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] DocuSign Envelope ID:84EC4CB2-4FA3-4188-B5D4-3A1 E84839270 USMC Camp Lejeune DWR#20210751 401 Certification Page 5 of 7 16. No rock,sand or other materials shall be dredged from the stream channel except where authorized by this certification. [1SA NCAC 02H.0506(b)(3)] 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 18. 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 Energy, Mining and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H.0506(b)(3) and (c)(3)] 19. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR 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 NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 22. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 23. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 24. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 25. Upon completion of the project (including any impacts at associated borrow or waste sites), the MCB Camp Lejeune Project manager shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] DocuSign Envelope ID:84EC4CB2-4FA3-4188-B5D4-3A1 E84839270 USMC Camp Lejeune DWR#20210751 401 Certification Page 6 of 7 26. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02B.0231(a)(6)] 27. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3) 28. 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 [15A NCAC 02H.0506(b)(3) and (c)(3): 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. 23. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. [15A NCAC 02H.0506(b)(3) and (c)(3) This approval and its conditions are final and binding unless contested. [G.S. 143-215.5. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000. DocuSign Envelope ID:84EC4CB2-4FA3-4188-B5D4-3A1 E84839270 USMC Camp Lejeune DWR#20210751 401 Certification Page 7 of 7 One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Joanne Steenhuis at (910) 796-7306 or joanne.steenhuis@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: 9C9886312DCD474... Amy Chapman Supervisor Transportation 401 & Buffer Permitting Branch Division of Water Resources, NCDEQ cc: Terry Burhans, Baker International Jessi Baker, USMC EMD Brad Shaver, USACE Wilmington Regulatory Field Office (via email) Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Daniel Govoni, NC Division of Coastal Management Robert Patterson, NC Division of Water Resources Wilmington Regional Office File Copy