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HomeMy WebLinkAbout20120270 Ver 4_Approval Letter_20140429�w ,F NCDM Ran a US Marine Corps Camp Lejeune Attn: Mr. Neal Paul, Deputy Public Works Officer Public Works Division 1005 Michael Road Camp Lejeune, NC 28542 Subject: Approval of Individual 401 Water Resources Certification with Additional Conditions Hanger P683/P687 Maintenance Hanger, MCAS New River USACE Action ID. No. SAW- 2010 -01797 Dear Mr. Paul: Attached hereto is a copy of Certification No. 3991 issued to Mr. Neal Paul, Deputy Public Works Officer, Public Works Division for the US Marine Corps Base Camp Lejeune, dated April 29, 2014. 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 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) within sixty (60) calendar days. 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. 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). 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. Division of Water Resources — 401 & Buffer Permitting 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: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer, Made In part by recycled paper Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 US Marine Corps Camp Lejeune DWR Permit # 12 -0270 v4 April 23, 2014 Page 2 of 9 If sending via delivery service (UPS, Fed Ex, 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 Joanne.Steenhuis @ ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor, 401 and Buffer Permitting Unit Attachment CC. Jason Evert, Dial Cordy & Associates 490 Osceola Ave., Jacksonville Beach, FL 32250 Martin Korenek, IFE /EMD /ECON, 12 Post Lane, Camp Lejeune, NC 28547 Brad Shaver, USACE Wilmington —via email (Brad.E.Shaver @usace.army.mil) Doug Huggett, DCM Morehead City —via email (Doug.Huggett @ncdenr.gov) Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 Brian Lambe, DEMLR WiRO DWR WiRO files DWR 401 & Buffer Permitting Unit Filename: 120270v4MCSAmaintenance HangerP683P687(Onslow)_401_IC US Marine Corps Camp Lejeune DWR Permit # 12 -0270 v4 April 23, 2014 Page 3 of 9 NORTH CAROLINA 401 WATER RESOUCES CERTIFICATION CERTIFICATION #3991 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 March 7, 2014 and subsequent information on March 12, 2014, March 13, 2014 and April 21, 2014, 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 March 14, 2014. 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. Im acts A roved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetlland Permit) are met. No other impacts to wetlands, streams, and /or buffers, are approved including incidental impacts: --- —___..... ....................... _ .......... _ ..... __.._ _ ....... _ ......... Amount Approved Amount Approved _.................... ........ Plan Location or (Units) (Units) Reference T. 404/401 Wetlands _ ................... ......... __.._.... _ ................. . _ ....... .......... WH -1 0.07 acres ......... ........__ Wi -1 0.93 acres Wi -1 0.05 acres Wi -2 0.01 acres Wi -3 0.27 acres Wi -3 0.05 acres Wi -4 0.06 acres Wi -4 0.15 acres Figure 8 (attached) Total impacts -Phase 3 1.34 acres 0.25 acres Project Cumulative 2.10.55 acres 0.465 acres 2. Compensatory Mitigation Using a Mitigation 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: 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 must be physically /visually identified using silt fence, safety fence or similar products during all phases of construction. These boundaries must be US Marine Corps Camp Lejeune DWR Permit # 12 -0270 v4 April 23, 2014 Page 4 of 9 Amount Approved ... ..W,..... ,.. ....... Amount Approved Plan Location or (Units) (Units) Reference Type of Impact .......... Permanent ------- .. . Temporary Streams 51 70 linear feet 361 linear feet Figure 8 (attached) Total impacts -Phase 3 70 linear feet 361 linear feet Project Cumulative 1118 linear feet* 361 linear feet ..... . ..... _..�...___ ...__......_ *841 linear feet was for the P705/710 Hanger Apron project ............... 2. Compensatory Mitigation Using a Mitigation 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: 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 must be physically /visually identified using silt fence, safety fence or similar products during all phases of construction. These boundaries must be US Marine Corps Camp Lejeune DWR Permit # 12 -0270 v4 April 23, 2Q14 Page 5 of 9 maintained until the project is completed and released by the NC Division of Energy, Mineral and Land Resources (DEMLR). 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. .. 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. 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 Wilmington Regional Office and address the inconsistencies prior to working in wetlands. US Marine Corps Camp Lejeune DWR Permit # 12,0270 v4 April 23, 2014 Page 6 of 9 8. Pre - Construction Meetin The permitee shall notify the Division in writing 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 4B .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, 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 (http: / /www.ncdot.org/ doh/ operations /BMP_ manual /download /BMP_Manual.pdf), 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 US Marine Corps Camp Lejeune DWR Permit # 12 -0270 v4 April 23, 2014 Page 7 of 9 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. 12. 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. 13. Temporary Fills /Impacts All temporary fills to wetlands, must be installed with geotextile underneath and removed in their entirety upon completion of that portion of the project that the impact occurred. All temporary fill or other impacts shall be removed /restored and the impacted area returned to the original grade after construction is complete or within 2 months of the phase of the project the impact occurred, whichever is sooner. The various sites shall be stabilized with natural woody vegetation and restored to prevent erosion. If the temporary impacts are not completely removed or restored as described above within the specified time above, additional written approval from this Office must be obtained to modify this condition. 14. 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. 15. 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. 16. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. US Marine Corps Camp Lejeune DWR Permit # 12 -0270 v4 April 23, 2014 Page 8 of 9 17. 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. 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. 18. 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 March 14, 2014 and modification request dated 10 February 2014 and subsequent information received on March 12, 2014, March 13, 2014 and April 21, 2014. 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. 19. At the completion of the project, the Division may require a determination of the area impacted (as- built) which is to encompass the location and acreage of the impacts (it can be shown on an aerial or done as a survey). This to be included with the Certification of Completion and sent to the Wilmington Regional Office (address on the letterhead page) and to Raleigh at 401 Webscape Unit Attn: Karen Higgins 1650 Mail Service Ctr. Raleigh, NC 27699 -- 1650. US Marine Corps Camp Lejeune DWR Permit # 12 -0270 v4 April 23, 2014 Page 9 of 9 20. 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. 21. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 and, Buffers Unit within ten days of project completion (available at; http: / /portal.ncdenr.org /web /wq /swp /ws/ 401 /certsandpermits /apply /forms). 22. 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. 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 April 2014 DIVISION OF WATER RESOURCES 4�w 4i�c�_ Karen Higgins, Supervisor 401 & Buffer Permitting Unit KAH /jhs 3991 DIZA%.L CORDY ANL..) ASS 0C IA l" INCj f:�t��irt>r�i���. ^�uctl C:c.��t�t�tlu�trltti 10 February 2014 Mr. Brad Shaver Project Manager USACE Wilmington District CESAW- RG(1145 -b) 69 Darlington Ave Wilmington, NC 28403 ItE`, Modification Request for Action ID SAW- 2010 - 016797/ Department of the Army Permit North Carolina DWQ Project # 2012 0270/ Onslow County New River Marine Corps Air Station, Camp Lejeune, NC 28542 -0004 Dear Mr. Shaver, Your last official correspondence regarding the above - referenced project (dated 29 November 2012) provided the applicant with a modification to proposed work. During the permit process we segregated the project elements into phases, based on construction and planning schedules (Phases I, II, and III), and were ultimately permitted to impact up to 1.84 acres of wetlands regulated by DA under CWA Section 404 (and an additional 0.014 ac regulated by NCDINR under Section 401). For the Phase III portion only, the applicant was permitted to permanently fill 0.45 acre (both under Section 404 and 401 regulatory authorities). Those impacts were to be mitigated via purchase of credits equal to 0.45 acre. These impacts were listed in table format in our letter to USACE dated 20 November 2012, the relevant portion of which is shown below: Permitted per manent and emporary impacts November 2012) To assist in your review the applicant's plans for Phase 111, we stated in our correspondence dated 4 October 2012 the following: "Perimeter Road near Wetland I (i.e., "i ") is proposed for realignment in accordance with UFC 3 -260- 01 (i.e., 500 feet clear distance +7:1 -foot allowance for a perimeter fence), which results in impacts to Wetland I. Because a future project phase (to be completed between approximately 2014 and 2016) will extend the western runway /over -run to the southwest (to address the airfield operational design considerations in the NATOPS Flight Manual for MV -22s and also to fulfill UFC 3- 260 -01 requirement for 1,000 -ft over -runs on all Navy and Marine Corps runways), the proposed Perimeter Road will need to be realigned again in a few years to run parallel to the future runway /over -run, heading farther to the southwest before turning to the northwest around the end of the over - run.... In the interim, the roadway will be temporarily configured to balance aviation safety and wetland protection; the UFC clear distance is observed for as much of the roadway as possible, but the corner of Perimeter Road near impacts Wi -1 Wetland Impact Phase -, �. -,. im act t ;�e Area ac I]]-. Wi I P Permanent 0.4300 ac I Wi -2P� Permanent 0.0200 ac To assist in your review the applicant's plans for Phase 111, we stated in our correspondence dated 4 October 2012 the following: "Perimeter Road near Wetland I (i.e., "i ") is proposed for realignment in accordance with UFC 3 -260- 01 (i.e., 500 feet clear distance +7:1 -foot allowance for a perimeter fence), which results in impacts to Wetland I. Because a future project phase (to be completed between approximately 2014 and 2016) will extend the western runway /over -run to the southwest (to address the airfield operational design considerations in the NATOPS Flight Manual for MV -22s and also to fulfill UFC 3- 260 -01 requirement for 1,000 -ft over -runs on all Navy and Marine Corps runways), the proposed Perimeter Road will need to be realigned again in a few years to run parallel to the future runway /over -run, heading farther to the southwest before turning to the northwest around the end of the over - run.... In the interim, the roadway will be temporarily configured to balance aviation safety and wetland protection; the UFC clear distance is observed for as much of the roadway as possible, but the corner of Perimeter Road near impacts Wi -1 and Wi -2 (see Figure 8) will not involve a 90- degree turn, but instead a graded turn. The sharper- angle- turn alternative would have had approximately 100% more impacts to wetlands due to installing the necessary grading along two road segments that together are longer (and closer to the wetland) than the proposed single reach. To achieve this reduction of impacts, a temporary exemption from the UFC was allowed, but just for the turn /corner area. This will allow for at least a temporary preservation of approximately 0.75 acre of wetland functions for the habitat area that would have been impacted by a 90- degree corner positioned 570 feet from the existing over -run. The combined wetland impacts for Phase III have been minimized from the original plan by 0.69 acres and further reductions are not practicable or possible given engineering and aviation /transportation safety concerns." As a follow -up to the above, we indicated in subsequent correspondence the following from our letter dated 20 November 2012: "At this point in time, only the conceptual framework for such future work is available, as discussed in our 4 October 2012 letter. Detailed design and engineering work for that future work is not currently under contract by the applicant, and that would have to be completed (along with any future permit modification) to allow for the runway extension to be constructed. In the interim, we continue to support acquiring permits to construct the re- aligned roadway as specified in our 4 October letter, as that will provide additional safety as well as minimize wetland impacts." In November 2013, the applicant was able to complete detailed engineering for the Phase III impact areas referenced above (the portion indicated as being ready for construction between 2014 and 2016). In preparation for extension of the over -run for Runway 05/23 (the western runway on the airfield) to the southwest (necessary pursuant to the NATOPS Flight Manual for MV -22s and also to fulfill UFC 3- 260 -01), the applicant is now requesting a permit modification to accommodate the re- location of the perimeter road to the south. As indicated above, the applicant was able to be granted a temporary exemption from compliance with UFC 3- 260-01 specifically regarding (1) the requirement of 500 feet clear distance (laterally from the centerline of the runway) in addition to the 7:1 -foot allowance for a perimeter fence and (2) 1,000 feet clear distance (from the end of the runway to the southwest) for all Navy and Marine Corps runways, and was therefore able to plan for only a slight impact to Wetland "I" until it was absolutely necessary to be in complete compliance with the UFC. At this time, it is now necessary to affect full compliance with federal aviation safety regulations. Avoidance and Minimization, Given the above requirements, the applicant's engineer has repositioned the corner /vertex of Perimeter Road approximately 200 feet to the south, while continuing to minimize impact to wetlands the maximum extent practicable. To that effect, the road is proposed for placement as close to the runway as possible, and sheet pile walls are proposed along the road surface boundary (at /near the corner) where typical grading would have impacted an additional approximate 6,000 square feet (40 feet wide slope extending approximately 150 feet along the road) to the south and 9,600 square feet (40 feet wide slope extending approximately 240 along the road) to the north. The use of the walls will result in minimizing impacts by 0.46 acre (see related cross - sections on revised Figures 9 and 10). Furthermore, the applicant proposes to maintain the hydrological connection to wetland habitats in the central portion of the impact area, just north of the corner. This will prevent impacts to an additional 0.2 -acre wetland area. Therefore, in summary, the applicant has minimized impacts by approximately 0.66 acre. Where possible, adjacent to permanent wetland impact areas, the applicant will re -grade and restore certain wetland areas following construction. These temporary wetland impact areas will recover, to once again perform most wetland functions. Page 2 of 4 Request for Modification of SAW- 2010 - 01797/ 10 February 2014 Alternatives. In addition to the no action alternative, three others could be considered. They include (1) positioning Perimeter Road to the north, outside of the wetland area, (2) positioning Perimeter Road farther to the south of the currently proposed alignment, and (3) positioning Perimeter Road as shown in revised Figure 8 (the preferred alternative). Because the no action alternative and alternative "1" above would not result in compliance with air safety regulation, they should be excluded from further consideration. Alternative "2" above is not preferred as it would involve additional impacts to wetlands and would prove more costly than the preferred alternative. Therefore, the currently proposed alignment (alternative "3") is the only alternative that supports the project objectives (safe transit around the air field) and comprises wetland impacts that have been minimized as much as practicable, Unavoidable Impacts. Unavoidable impacts due to the relocation of Perimeter Road summarized below, in comparison to the impacts as previously predicted. Formerly anticipated permanent impacts were 0.45 acre; currently, the applicant anticipates approximately 1.34 acres of jurisdictional wetland impacts. In addition, the applicant anticipates that approximately�361 linear: feet of intermittent stream /ditch ( "R05" on the federal .I.D.) contained within the limits of the jurisdictional wetland will be temporarily impacted (due to fence' construction, oi� its poutlaeatern batticlto -oiop) its dowastreart► -mosti, appratimatUy 7Tfnot section -ill be relocated into a 48 -inch, rotund, reinforced, concrete pipe under the proposed road and then daylight to the historical streambed in the native wetland "WL" Permitted permanent and temporary jurisdictional impacts for Phase Ill (November 2012) Wetland impact Area ac WI -1P Permanent 0.4300 ac WI -1 T Tem orary 0.0500 ac WI -2P Permanent 0.0200 ac IpppmA � ................. , WI -2T Temporary 0. 011$ ac......., 1'ac.. Totals: 0.45 permanent and 0.06 acres temporary Proposed, modified permanent and temporary jurisdictional impacts for Phase Ill (December 2013) Wetland impact .."pact ....t .e Area a ._ c' WH -1 P Permanent 0.07 WI 1P Permanent 0.93 WI-IT ®�. Temporary 0.05 WI -2P PermanentN 0.01 WI -3P Permanent 0.27 . _ ...... ........ WI -3T Temporary 0.05 ........ wWOaa,rc,rc� �14T" ... .............. . Permanent 0.06 . _,,,,. �� „ Temp , .� ..... ........ ora 0.15 . . . . .................... . Totals: 1.34 anent � permanent and 0.25 acres temporary Page 3 of 4 Request for Modification of SAW- 2010 - 01797/ 10 February 2014 Mitigation. The applicant will provide compensatory mitigation for the above - reference minimal and necessary wetland impacts. The type and nature of mitigation will comprise that which was previously provided for other project phases. We appreciate your efforts on behalf of regulatory compliance for this important project. Should you have any questions regarding the above, please contact me at (904) 476 -9571 or jevert@dialcordy.com at your earliest convenience. Best Regards, t Jason Evert Senior Ecologist Page 4 of 4 Request for Modification of SAW- 2010 - 01797/ 10 February 2014