HomeMy WebLinkAbout20120270 Ver 3_Approval Letter_20130829Water Quality Programs
Pat McCrory Tomas A. Reeder
Governor Director
August 29, 2013
US Marine Corps Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
Public Works Division
1005 Michael Road
Camp Lejeune, NC 28542
John E. Svarla, III
Secretary
DWR # 12 -0270 V3
Onslow County
Subject: Approval of Individual 401 Water Resources Certification with Additional
Conditions
Hanger P705/710 and Aircraft Apron, MCAS New River
USACE Action ID. No. SAW- 2010 -01797
Dear Mr. Paul:
Attached hereto is a copy of Certification No. 3969 issued to Mr. Neal Paul, Deputy Public
Works Officer, Public Works Division for the US Marine Corps Base Camp Lejeune, dated
August 29, 2013. 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) Solid
Waste, Sediment and Erosion Control, Non- Discharge, Stormwater, Dam Safety, and Water
Supply Watershed regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at h11gjJwww.ncoah.comZ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
Wetlands, Buffers, Streams - Compliance and Permitting (Webscape) Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 -807 -63001 FAX: 919 -807 -6494
Internet: . ncwaterqua lity.oru
An Equal Opportunity 1 Affirmative Action Employer
US Marine Corps Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
DWR Project # 12 -0270 V3
August 29, 2013
Page 2 of 9
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, 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.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Joanne Steenhuis at 910 - 796 -7306 or
Joan ne.Steeuis ncenr. ov if you have any questions or concerns.
Attachments
cc: Maria Jones, Cape Fear Engineering, 151 Poole Road, Suite 100, Belville, NC 28451
Martin Korenek, IFE /EMD /ECON, 12 Post Lane, Camp Lejeune, NC 28547
Brad Shaver, USACE Wilmington —via email (Brad.E.Shaver @usace.army.mil)
Stephen Rynas, DCM Morehead City —via email (Stephen.Rynas @ncdenr.gov)
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Brian Lambe, DEMLR WiRO
DWR WiRO files
DWR Webscape Unit
Filename: 120270V3HangerP705 &710and AircraftApronMCASNewRiver (Onslow)_401— IC.docx
US Marine Corps Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
DWR Project # 12 -0270 V3
August 29, 2013
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3969 is issued in conformity with the requirements of Section 401, Public
Laws 92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in
15 NCAC 02H .0500, to the US Marine Corps Camp Lejeune per Mr. Neal Paul, Deputy Public
Works Officer, who have authorization for the impacts listed below, as described within
your application received by the N.C. Division of Water Resources (Division) on May 31,
2013 and subsequent information on July 29, 2013 and August 26, 2013, and by Public
Notice issued by the U. S. Army Corps of Engineers and received by the Division on April 11,
2012 and an abbreviated electronic Notice issued by the Army Corps of Engineers on August
6, 2013.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
.. ...........
Type of Impact
Amount Approved
(Units) Permanent
Amount Approved
(Units) Temporary
Plan Location or
Reference
404/401 Wetlands
N/A
N/A
Streams
CW -500 (attached)
S1
841 linear feet
N/A
CW -503 &
CW -504 (attached)
TOTAL IMPACTS
841 linear feet
Open Water impacts
N/A
N/A
2., Cam ensator Miti ation Usin a Miti ation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you intend to purchase credits from the Bachelors Delight Mitigation Bank
in Onslow County as described in your application to meet this mitigation requirement.
Until the Bachelors Delight Mitigation Bank receives and clears your check, and proof of
payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment into the Bachelors Delight Mitigation Bank to meet the following compensatory
mitigation requirement:
US Marine Corps Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
DWR Project # 12 -0270 V3
August 29, 2013
Page 4 of 9
c
Compensatory
Type of Impact Mitigation Required River and Sub -basin Number
Stream 841 linear feet White Oak/03030001
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 Pre - Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.
4. Wetland Boundary Identification
The wetland boundary must be clearly identified within 50 feet of the project corridor as
depicted on the jurisdictional determination map signed by the US Army Corps of Engineers.
The wetland boundary identification (flagging, fencing, etc.) must be maintained until the
project is completed.
5. 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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
e. For PNA, SA, WS -I, WI -II, HQW, ORW waters. The sediment and erosion control
designs must comply with the requirements set forth in 15A NCAC 04B.0124 Design
Standards in Sensitive Watersheds.
US Marine Corps Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
DWR Project # 12 -0270 V3
August 29, 2013
Page 5 of 9
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream 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 Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
7. Any final construction plans for this project 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.
Pre - Construction Meeting
The permitee shall notify the Division in writing (e -mail Joanne.Steenhuis @ncdenr.gov)
prior to the beginning of the work authorized under this certification. A pre - construction
meeting must be held with the DWR prior to the start of the project so that the
contractors and /or agents fully understand the conditions associated with this
certification.
9, 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 413 .0124] throughout the life of this project. See NCDOT
publication, Best Management Practices for the Protection of Surface Waters (March 1997).
10. 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 Resources, 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.
US Marine Corps Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
DWR Project # 12 -0270 V3
August 29, 2013
Page 6 of 9
11. Culvert Installation
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 (tt: / /wcot.r /�opertis/ manual /oloa
P qn. aj f) such as sandbags, rock berms, cofferdams and other diversion structures
shall be used to prevent excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each
culvert. Culverts shall be designed and installed to allow for aquatic life movement as well
as to prevent head cutting of the streams. If any of the existing pipes are or become
perched, the appropriate stream grade shall be re- established or, if the pipes are installed in
a perched manner, the pipes shall be removed and re- installed correctly.
All authorized culverts and other structures in waters, streams, and wetlands must 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 shall be maintained if
requested in writing by DWR. Culverts shall be placed so that the opening(s) match the
natural stream channel wherever possible. Bank -full flows (or less) shall be accommodated
through maintenance of the existing bank -full channel. Additional culverts shall be allowed
only to receive flows exceeding bank -full. The low flow pipes should be aligned with the
deepest part of the stream channel, so that flow is maintained during low flow conditions.
Field adjustments of the culvert placements may be necessary to correctly install the
culverts..
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods. If rip -rap is necessary, it shall not be placed in the stream bed, unless specifically
approved by the Division of Water Resources. All approved rip -rap shall be appropriately
keyed in and only placed in wetland and stream areas that have permitted impacts.
US Marine Corps Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
DWR Project # 12 -0270 V3
August 29, 2013
Page 7 of 9
12. 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/Wglws/suZnpdessw#tab-w.
13. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills.
14. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
15. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
16. Continuing Compliance
The US Marine Corps Camp Lejeune, Mr. Neal Paul, Deputy Public Works Officer 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 and Federal law. The US
Marine Corps Camp Lejeune, Mr. Neal Paul, Deputy Public Works Officer shall require
their 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 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. Before modifying the Certification, the
Division shall notify the US Marine Corps Camp Lejeune, Mr. Neal Paul, Deputy Public Works
Officer and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC
02H .0504. Any new or revised conditions shall be provided to the US Marine Corps Camp
Lejeune, Mr. Neal Paul, Deputy Public Works Officer in writing, shall be provided to the U.S.
Us Marine Corps Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
DWR Project # 12 -0270 V3
August 29, 2013
Page 8 of 9
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.
17. This approval is for the purpose and design described in your application and as described in
the Public Notice dated April 11, 2012 and the abbreviated electronic Notice Dated August
6, 2013 and application dated July 15, 2013. The plans and specifications for this project are
incorporated by reference and are an enforceable part of the 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.
Any new owner must notify the Division and request the Certification be issued in their
name.
18. 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 that
stormwater plan to prevent this from occurring. This may require additional approval from
this Office for wetlands and stormwater revisions.
19. Within 60 days of completion of construction, as -built drawings shall be submitted to both
the Division of Water Resources, Webscape Unit, 1650 Mail Service Center, Raleigh NC
27699 -1650 and to the NCDENR Wilmington Regional Office, Attn: Joanne Steenhuis, 127
Cardinal Drive Extension, Wilmington, NC 28405.
20. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWR Webscape Unit within ten days of project completion (available at:
t : ortal.ncer.or web s ws 401 cersad ers a I forms),
21. 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.
US Marine Corps Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
DWR Project # 12 -0270 V3
August 29, 2013
Page 9 of 9
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. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
This the 29th day of August 2013
DIVISION OF WATER RESOURCES
Karen Higgins, Superv`
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
KAH /jhs
3969
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