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HomeMy WebLinkAbout20110834 Ver 3_Approval Letter_20131223IF fiT4 DIM NC®ENtt jJAN- 2 2014 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 WiRO 1• RIE WX D \60162841\Coax \a9 \0W- 01 \-Wd5mW F,pocb- Cogacb Cray - Somory Sa C -r4dwy LAYOW NAME 2204 PLOTTED Tundq• Ocmna 22, 2013 - 1129an USFIC nga k It- v0� m z cc) -<Co cl) C.)� 2m> m;mC� cn cn Z ,7 ■ C• _2 o V''�AA qq J O 0 I I k) 1 V Zo y 11 1 1 11 1 111 111,1, "`1111108101 ,` "111,1 11 1111!11" 1 1 ` X1.,1 1.11111,1 ;,,111,1 1,1 1111 !,�. 1,11 1!11!,1, - _ h 0� 111 1 1-T ' "10,1 1'1,11 1,`�! 111i11/ ', 1,� '� 1 111 � ,11 1 1,111111 11 11i1 1,1 1 1' �,1 _� ••1,11 1.1 1 ,1 11 -1 - -11 0,J � 101'1,1 , 1 11, 1,111 1111,111• ,1,1,1 11,1 1 1 11�;� -� ��, 1 �!; 1 �!1 1,x,1',,11^,! 11i` I,',; ���11i1111 ,,1`I�I,,,rl;ll�l �i�-�,1 =�1 11••1 , ,, ! 1,- 0� 1111" 1.1;11! !1� �'•�:1�1, 1 ,1,1�, � � � ,1 1 1 • , � ,1 � 1 1 1,,11 1 1 � 1 1 1 1 1 1 1 11 1 �, ' 1 1 1 11111 6,1,,1 '1 �'�';'� 1111111 111 1011 !,11 1 111 1 111!`1 1 1 1 1 1 1.. 1.1.� ,.1 1 1 ,1 1,1111 1,1`'t1�o,1 1 1111 1 1 1 ,,,1111 � 111 11 1 1 1 1 111. ��/ 111 1 •i �• 1 1 1 �, � 1! 1 1 1 1 1 1 11 1 1 ,1 � 1 1 1 ,1 1 1 1 1 1 1 1- .1� ', � 1 ,, 1,p•1 11 1 ,11 0,11 � 1 ; 111 1.1 1 � 1,,'11 1 1,1 1 0 1 � 1 �1 1 1 1 1 ! •� 1,. 1 1, 1 0 1 1 ,'�';' ,1,It1 111111 ," ,,11,1'11' " 11,1,11;1111101,1' ,11111'1 1 "'1,1,111 1,,,'',1'11`1111,11. , 1 1 1 1 111 1 1 ;11 1 111 11 ,,,', , 1,1,. 10 !,''1 1 1 �, '1 � ., 11 1 "1 1 1 1 ; 11'1,1 1 1 •1 1 1 1 1111,1�111'� ; 111 !,,111 1•,1,,1111111111 ,1111 1 ! ,,',1,',' ._;� X1,!,1111 •.11111 1'11111111 11,1'1.1111. \1 11_ -,. 1011,1 111 111,1 1. 1,1 ,111, 1 1 1 `1 11111 111 � 1 1, 1 , 1,11 1 !, - 1• �I. 1. i j 11 1 1 1, 1 1, s 111 1 1 1 1 1 1 11 ' 1 11 1 1 1 1 ,,1•� "1i1_.��y�- ,� -`�1 �,•,�;�1;11•! 111,11 1 1,1111,1 111'1 !,11,1 1,1111�, ,11� �••�,,1 ��,, , 1 1 1,11 1 1 11,,1 1,1 1 , �,�, 0 1 1," • -- - � ,� 1 , , % ,1111 1 '1; ,10 1, �._L_ 111 1 ! 1�;1 1 1 6 '1 ,' i z- ' 1 I I - - „ ', f •, gip, , �� � I I I > m N CA I '•7 !'1 i ' I � I I I I 1/ 1 l 111y ' O \ J t f 1E L,jI NNp OD r G) m Z U t UEWWTMEM OF THE WNW NAVAL FICMIES 84GMEEM COMMAND � � � S NAVAL FACILITIES ENGINEERING COMMAND - NAVFAC MIDLANT S�� Z 2 mm NSw4wR Pr M omens MISS - CAW N6wEluNE mm CAFAM E ' C MARINE CORPS BASE CAMP LEJEUNE, NORTH CAROUNA a €o 1 O Z� s a HADNOT POINT AND FRENCH CREEK UTILITY $ n� m_ CONSTRUCTION PACKAGE q p� WETLAND IMPACTS COGDELS CREEK - SANITARY SEWER CROSSING $' 2 m TN9fJOPOW TATE APPR D fl l r l N-T