HomeMy WebLinkAbout20110834 Ver 3_Approval Letter_20131223IF
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North Carolina Department of Environment and Natural ges
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
December 23, 2013
USMC Camp Lejeune
Attn: Neal Paul Deputy Works Officer
Public Works Division
1005 Michael Road
Camp Lejeune, NC 28542
DWR Project #20110834 V3
Onslow County
Subject Property: Cogdels Creek Sewer Line Crossing, Camp Lejeune
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Paul:
You have our approval, in accordance with the attached conditions and those listed below to
permanently impact 0.151 acres of wetlands and to temporarily impact 0.740 acres, as
described in your application dated October 29, 2013 and received by the Division of Water
Resources (Division) on November 22, 2013 and additional information received on December
16, 2013. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number 3884 (GC 3884). This Certification allows you to
use the Nationwide Permit No. 12 (NW12) when issued by the US Army Corps of Engineers. 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, Water Supply Watershed, 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 Permit.
This approval is for the purpose and design that you described in your application. 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 General 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
Nilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
2hone: 910-796-7215 1 FAX 910350 -20041 DENR Assistance: 1-877-623-6748
ntemet www.newatorquality.org
kn Equal Opportunity 1 Affirmative Action Employer
-USMC f�mp;•tejevne • ;;; '+
Min: We�l••Paul,Depatj� Works Officer
>_.
DWR *Permit # 2611'68 4 V3
Decem4er.*23, 2013 z
Page 2 of 6
Wprov�16irto follow the conditions listed in the attached certification and any
additional conditions listed on the following pages.
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. 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 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.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 26..0220. Appropriate sediment and erosion control practices must
be used to meet this standard. Turbidity curtains shall be used as appropriate. Please
notify this Office at 910.796.7215 if any turbidity issues arise.
4. Anv final construction Dlans for this Droiect must include or reference the apDlication 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. The applicant shall
require his 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. Documentation via letter or e-mail must be provided to the Division prior to
Amount Approved (Units)
Plan Location or Reference
Open Waters /Shallow Bottom
N/A
Stream
10 linear feet
Figure 2 Hadnot Point and French
Creek Utility Construction
Package (attached)
404/401 wetlands
Figure 2 Hadnot Point and French
Permanent
(6,585 sq ft)0.151 acres
Creek Utility Construction
Temporary
(32,248 sq ft) 0.740 acres
Package (attached)
2. 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 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.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 26..0220. Appropriate sediment and erosion control practices must
be used to meet this standard. Turbidity curtains shall be used as appropriate. Please
notify this Office at 910.796.7215 if any turbidity issues arise.
4. Anv final construction Dlans for this Droiect must include or reference the apDlication 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. The applicant shall
require his 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. Documentation via letter or e-mail must be provided to the Division prior to
USMC Camp Lejeune
Attn: Neal Paul Deputy Works Officer
DWR Permit # 20110834 V3
December 23, 2013
Page 3 of 6
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.
S. 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
6. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils.
7. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification.
8. The applicant /permitee and their authorized agents shall conduct all 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 Division determines that such standards or laws are not being
met, including 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, than the
Division may reevaluate and modify this General Water Quality Certification. A copy of this
Certification shall be included in the construction contract and available on the lob site at
all times.
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 4B .0124] throughout the life of this project. See NCDOT
publication, Best Management Practices for the Protection of Surface Waters (March 1997).
10. If concrete is used during the construction, then all necessary measures shall betaken 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.
USMC Camp Lejeune
Attn: Neal Paul Deputy Works Officer
DWR Permit # 20110834 V3
December 23, 2013
Page 4 of 6
11. Temporary Fills /Impacts
All temporary impacts to wetlands, 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 shall be removed and the impacted area returned to the original
grade after construction is complete or within 2 months of the establishment of the utility
line 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 (except for the
maintenance areas of permanent utility crossings) 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.
12. The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area.
The mixing of topsoils and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed on
fabric to minimize impacts whenever possible. Topsail excavated from utility trenches will
be piled separately from the subsoils and will be backfilled into the trench only after the
subsoils have been placed and compacted.
Along utility corridors within wetlands, grub stumps only as needed to install the utility and
cut remaining stumps off at grade level. The general stripping of topsoil along the utility
corridor is not permitted.
13. The restored wetland areas will need to be monitored quarterly for at least two years for
indications of instability, erosion, sloughing, plants not surviving 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.
14. You may be required to provide an as -built survey (either elevation shots or cross - sections),
certified by a licensed, professional land surveyor, of the impact area if requested by the
Division to demonstrate the impacts to wetlands are within the permitted quantities.
15. 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.
16. Anti seep Collars
An anti -seep collar shall be placed 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 # 18 in GC #3884)
USMC Camp Lejeune
Attn: Neal Paul Deputy Works Officer
DWR Permit # 20110834 V3
December 23, 2013
Page 5 of 6
17. 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.
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 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested 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
(hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
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
8:00 am and 5:00 pm, excluding official state holidays).
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
USMC Camp Lejeune
Attn: Neal Paul Deputy Works Officer
DWR Permit # 20110834 V3
December 23, 2013
Page 6 of 6
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
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Joanne Steenhuis in the DWR Wilmington Regional Office
at 910.796.7306 or Joanne.Steenhuis @ncdenr.gov.
Sincerely,
has A. Reeder
`VR
Division of Water Resources
Enclosures: GC 3884
Certificate of Completion
cc: Ron Johnson - AECOM — electronic copy
Brad Shaver - USACE Wilmington Regulatory Field Office
Jennifer Burdette - DWQ Webscape Unit
Stephen Rynas - DCM Morehead City — electronic copy
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