20110762 Ver 2_Approval Letter_20141218

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NCDENR
North Carolina Department of Environment and Natu4 Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
December 18, 2014
DWR # 11 -0762 v2
Dare County
Navy Mid - Atlantic Region
Attn: Ms. Elizabeth Nashold
Code N -45, Regional Environmental Group
1510 Gilbert Street
Norfolk, VA 23511
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Navy Dare County Bombing Range Target Improvements
USACE Action ID. No. SAW- 2011 -01571
Dear Ms. Nashold:
Attached hereto is a copy of Certification No. 4010 issued to Ms. Elizabeth Nashold and
Navy Mid - Atlantic Region, dated December 18, 2014. This certification replaces the
previous certification issued on December 14, 2011. Please note that you should get any
other federal, state or local permits before proceeding with the subject project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, 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 l.tP: www.ncoh.cornz 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).
401 & Buffer Permitting Unit
1617 Mad Service Center, Raleigh, North Carolina 2 7699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -6300 FAA 919 - 8076494 1 Cushorner Service: 1 -877- 613 -6748
Unternet: waww.nmaterquality.org

Navy Mid-Atlantic Region
DVVR#1l-O762v2
Individual Certification #4010
Page 2 of 7
The petition may be faxed to the OAH at [phone], 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 UIPostal Service: If sending via delivery service (UPS, FedG,ptd:
Office ofAdministrative Hearings Office of Administrative Hearings
67l4 Mail Service Center 171l New Hope Church Road
Raleigh, N[J7699-G7l4 Raleigh, NC276O9-6205
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
l6D1 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition ia 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 l5ANCACO2H.O5D0. Contact Anthony Scarbraughat252-948-8924or
Or Jennifer 8urdette at929-8O7-63G4or
if you have any questions or concerns.
cc: Thad McDonald, Naval Facilities Engineering Cornmnand,Code N-45, Regional
Environmental Group, l51O Gilbert 5t, Norfolk, VA23511
US4CE Washington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVRVVaRO4O2file
DWR 401 & Buffer Permitting Unit file
Filename: 110762v20avyDare[oBombin0RengeTarQet|mp(Dare)_401_I[_Mnd.docx

Navy Mid-Atlantic Region
DWR# 11-0762 v2
Individual Certification #4010
Page 3 of 7
CERTIFICATION #4010 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 Ms. Elizabeth Nashold and Navy Mid-Atlantic Region, who have authorization for
the impacts listed below, as described within your application dated September 18, 2014 and
received by the N.C. Division of Water Resources (Division) on September 24, 2014, subsequent
information on December 5, 2014, and by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on November 5, 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. Impacts Approved
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
-1
4.021 (acres)
0 (acres)
The following impacts are hereby approved as previously approved by an Individual
Certification issued on December 14, 2011 and revised based on the modification request
dated September 18, 2014 and received by the Division on September 24, 2014. [15A NCAC
02B .0506(h)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
5.252 (acres)'
0 (acres)
Amount reduced by 2.182 acres due to removal of previously approved
impacts from West Layclown Area and Ammo Dump target pad.
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. A
receipt from The Great Dismal Swamp RestorationBank Timberlake Mitigation Bank
indicates that 7.434 acres of non-riparian wetland credits have been purchased for the
project. The Division has received an acceptance letter from The Great Dismal Swamp
RestorationBank Timberlake Mitigation Bank to meet the remaining mitigation

Navy Mid-Atlantic Region
DVVR#I1{}762v2
Individual Certification #4Q1O
requirement. Until The Great Dismal Swamp ReStor6tOn8ank Timberlake Mitigation Bank
receives and clears your payment, 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 toThe Great Dismal Swamp
Re6ton8tiODB3nk Timberlake Mitigation Bank to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
S. 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 areincorporated by reference and are
enforceable parts Of this permit. [15ANCACO2H.0501 and .0502]
4. 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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [I5ANCACO2H.O5O6(b)(5) and (c)/3\l:
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, inC|udingCQntr8ctor+zvvned 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 ofthe Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/Or repair oferosion control
measures and 5tnrmnvvater routing and treatment shall bewn site at all times.
e. For P0/\, 5A, WS-1, VV|-||, H[}VV, ORVVwaters. The sediment and erosion control
designs must comply with the requirements set forth in 15A NCAC 04B.0124 Design
Standards /n Sensitive Watersheds.
Compensatory
River and Sub-basin
Mitigation
Number
Required
404/401 Wetlands
1.921 (acres)
Pasquotank/03010205
S. 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 areincorporated by reference and are
enforceable parts Of this permit. [15ANCACO2H.0501 and .0502]
4. 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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [I5ANCACO2H.O5O6(b)(5) and (c)/3\l:
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, inC|udingCQntr8ctor+zvvned 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 ofthe Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/Or repair oferosion control
measures and 5tnrmnvvater routing and treatment shall bewn site at all times.
e. For P0/\, 5A, WS-1, VV|-||, H[}VV, ORVVwaters. The sediment and erosion control
designs must comply with the requirements set forth in 15A NCAC 04B.0124 Design
Standards /n Sensitive Watersheds.

Navy Mid-Atlantic Region
DVVR#11f}76ZvZ
Individual Certification #4O1O
Page 6of7
Sediment and erosion control measures shall not be placed in wetlands orwaters.
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 toor upstream and downstream uf the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two /2\
months ofthe date that the Division of Energy, Mineral and Land Resources /[}EK0LR\or
locally delegated program has released the specific area within the project. [15ANCACO2H
.O5O} and .O5O2]
6. Construction Stormwater Permit NCG010000
An NPDES Construction Stornmxxater Permit is required for construction projects that disturb
one (l) or more acres ofland. This Permit allows stmrmnmmtertobe discharged during land
disturbing construction activities asstipulated 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 isrequired. A copy of the general permit
(NCGO1 0000), inspection log sheets, and other information may be found at:
. 25AN[A[02H.O5OG(b)(5\and
7. Work in the Dr
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NIC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [lSA
8. 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. [15ANCA[02B.0200]
9. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]

Navy Mid-Atlantic Region
DVVR#11-O76ZvZ
Individual Certification #4Ul0
Page 6of7
10. All temporary pipes/culvertaripr8p pads etc, shall b8 installed in all streams a6 outlined inthe
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual 5V as not to restrict stream flow Orcause diS-equilibrium. [I5A NCAC 02H .0506/bV2\
11. Any hprap required for proper culvert placement, stream stabilization, Or restoration of
temporarily disturbed areas shall be restricted tothe area directly impacted by the approved
construction activity. All ripr3pshall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement Ofriprap
or other approved materials shall not result in cle-stabilization of the stream bed or banks
upstream Qr downstream of the area. [15ANCACO2H.0506(b)(2)]
12. Any hpr3p used for stream stabilization shall beOfe size and density to prevent movement b«
wave action, Current action, or stream MovvS and CORSiSt of clean rock or masonry material
free of debris Or toxic pollutants. Ripr3p shall not be installed in the strearnbed except in
specific areas required for velocity control and to ensure integrity Qfbank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
13.A one-time apphcatk]nof[erti|iz8rtore-est8bli5hvegptabonisaUovv£dindi5tud]ed areas
including riparian buffers, but i6 restricted to no closer than 1O feet from top of bank Of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. |I5ANCACO28.0231l
14. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
15. Continuing Compliance
Ms. Elizabeth Nashold and Navy Mid-Atlantic Region shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 3O3/d\ofthe Clean Water Act) and any other appropriate
requirements ofState and Federal law. [I5ANCACO2B.0200] |f the Division determines that
Such standards or laws are not being nn8t (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 K4S. Elizabeth Na6h0|d and Navy
Mid-Atlantic Region and the U.S. Army Corps of Engineers, provide public notice in
accordance with I5A NCA[O2H .0503 and provide opportunity for public hearing in
accordance with 15A NCACO2H .0504. Any new or revised conditions shall be provided to
Mg. Elizabeth Nasho|d and Navy Mid-Atlantic Region in writing, shall be provided tVthe 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 4O4 Permit for the project.

Navy Mid- Atlantic Region
DWR# 11 -0762 v2
Individual Certification #4010
Page 7 of 7
16. This approval is for the purpose and design described in your application and as described in
the Public Notice. 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. [15A NCAC 02H .0501 and
.0502]
17. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: i qt orta,N.ncdenr.or,�vve we sw vLs certsand rrrlit a l tc rrjjs).
[15A NCAC 02H .0502(f)]Amm�
18. 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. [15A NCAC 02H .0502(e)]
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. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.0506]
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.
KAH /jab
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