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Home My WebLink About20150101 Ver 1_Approval Letter_20150312NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory . Donald R. van der Vaart Governor Secretary March 12, 2015 DWR #15 -0101 Craven County George Radford, Commanding Officer Environmental Affairs Department - Marine Corps Air Station PSC 8006 Cherry Point, NC 28533 -0006 Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Neuse River Riparian Buffer Impacts with Additional Conditions Grant's Landing Stream Restoration - MCAS - Cherry Point Dear CO Radford: You have our approval for the impacts listed below for the purpose described in your application dated January 21, 2015 and received by the Division of Water Resources (Division) on January 12, 2015 with subsequent information received on January 26, 2015. These impacts are covered by the attached Water Quality General Certification Number 3885, Neuse River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of Nationwide. Perm_ it Number(s) 27 once it is issued to you by the U.S. Army Corps of Engineers. 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) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. 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 Amount Approved Plan location/ Approved (units) (units) Reference Permanent Temporary Wetland W -1 (Access and Stream Restoration) 0 (acres) 1.84 (acres) PCN pages 6 of 13, Sheets Nos. C1, P1, P2, XS, LS1, LS2, D1 and D2 Stream S -1 (Stream Restoration) 739 (linear feet) 0 (linear feet) PCN pages 6 of 13, Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -6481 1 Fax: 252- 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmabve Action Employer— Made in part by recycled paper George Radford, Commanding Officer Environmental Affairs Department — Marine Corps Air Station DWR q 15 -0101 401 AND BUFFER APPROVAL Page 2 of 5 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. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification (s) 3885. [15A NCAC 02B .0507(c)] 4. Wetland Boundary Protective Fencing The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning fencing (or similar high visibility material) to protect the remaining wetlands onsite from being impacted. This shall be done during the initial stage of construction. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. [15A NCAC 02H .0507 (c)] 6. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project outside of the restoration area in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed areas with pre- existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 Sheets Nos. C1, P1, P2, XS, LS1, LS2, D1 and D2 Buffers -Zone 1 PCN pages 7 of 13 B -1 (Re- grading) 0 (square feet) 4,048 (square feet) Sheets Nos. C1, P1, P2, XS, LS11 LS2, D1 and D2 Buffers -Zone 2 PCN pages 7 of 13 B -2 (Re- grading) 0 (square feet) 4,999 (square feet) Sheets Nos. C1, P1, P2, XS, LS1, LS2, D1 and D2 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. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification (s) 3885. [15A NCAC 02B .0507(c)] 4. Wetland Boundary Protective Fencing The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning fencing (or similar high visibility material) to protect the remaining wetlands onsite from being impacted. This shall be done during the initial stage of construction. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. [15A NCAC 02H .0507 (c)] 6. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project outside of the restoration area in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed areas with pre- existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 George Radford, Commanding Officer Environmental Affairs Department — Marine Corps Air Station DWR #15 -0101 401 AND BUFFER APPROVAL Page 3 of 5 (8 x 8 spacing) trees per acre.) Restoration of trees /shrubs /forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 026 .0233 (6)] 7. If initial planting efforts fails and the project area must be replanted, the vegetative monitoring timeframe is reset to year one. [15A NCAC 02H .0507(c)] 8. The permitee shall undertake compliance monitoring for five (5) full years from the date of implementation or until the success criteria have been met, whichever is later. [15A NCAC 02H .0507(c)) 9. The permitee shall provide monitoring reports to the DWR by December 31 of each monitoring year. []15A NCAC 02H .0507(c) 10. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 11. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SB Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. (15A NCAC 02B .0220] 12. Re Opener Clause The US Marine Corps and their authorized agents shall conduct their 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 law and federal law. The US Marine Corps shall require their contractors (and /or agents) to comply with all of the terms of this Certification, and shall provide each of their 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 DWR 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 George Radford, Commanding Officer Environmental Affairs Department — Marine Corps Air Station DWR # 15 -0101 401 AND BUFFER APPROVAL Page 4 of 5 violated, or that further conditions are necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the US Marine Corps and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States 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. 13. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, INC Division of Water Resources, 1617 Mail Service Center, Raleigh, INC 27699 -1650. [15A NCAC 02H .0507 (c)] 14. The applicant and /or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http: / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). [15A NCAC 02H .0506(b)(5)] 15. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5] These Certifications 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:OOam and S:OOpm, 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, INC 27699 -6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, INC 27609 -6285 George Radford, Commanding Officer Environmental Affairs Department — Marine Corps Air Station D W R # 15 -0101 401 AND BUFFER APPROVAL Page 5 of 5 One (1) copy of the petition must also be served to DENR: John C. Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water and Neuse River Buffer Rules. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthony.scarbrau ¢ h @ncdenr.eov if you have any questions or concerns. Sincerely, / -w Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3900 Certification of Completion cc: Daniel Govoni, DCM Morehead City Tracey Wheeler, USACE Washington Regulatory Field Office (via email) Pat McClain, DEMLR WaRO (via email) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File Kevin Yates, McAdams Company, 2905 Meridian Parkway, Durham, NC 27713