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HomeMy WebLinkAbout20150456 Ver 1_No Written Concurrence_20150518NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 18, 2015 USMC -Camp Lejeune Attn: John Townson PSC Box 20004 Camp Lejeune, NC 28460 Subject Property: Vietnam Veterans Memorial, Jacksonville No written Concurrence Needed Dear Mr. Townson: Donald R. van der Vaart Secretary DWR Project # 2015 0456 Onslow County You have our approval, in accordance with the attached conditions and those listed below to permanently impact 0.009 acres of open waters and temporarily impact 0.009 acres of open waters in order to construct a visitors center with sidewalks, loading area and delivery driveway for the Vietnam Veterans Memorial, as described in your Pre - Construction Notification (PCN) application dated March 27, 2015 and received by the Division of Water Resources (DWR) on May 7, 2015. A subsequent revised PCN and drawings dated May 15, 2015 was received in the Wilmington Regional Office (WiRO) on May 15th and May 18th, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3890 (GC 3890). This Certification allows you to use the Nationwide Permit #18 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, 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 General Permits. 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 15O linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to 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. 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 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910- 796 -7215\ Internet: www.ncdenr.eov An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper USMC -Camp Lejeune Attn: John Townson DWR Project n 2015 -0456 May 18, 2015 Page 2 of 4 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). 2. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans .[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] 3. The permitee shall require its contractors and /or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 4. 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 Quality, 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 Center at 1.800.424.8802. 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 21 A] 5. 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. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B.0200 (3)(f)] 6. 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. 7. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: http: / /yortal.ncdenr.org /web /wci /swp /ws/ 401 /certsandPerm its /a Poly /forms). [15A NCAC 02H .0506(b)(5)] 8. 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)). USMC -Camp Lejeune Attn: John Townson DWR Project n 2015 -0456 May 18, 2015 Page 3 of 4 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 Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone: (919)- 733 -2698, Facsimile: (919)- 733 -3478 A copy of the petition must also be served on DENR as follows: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mall Service C enter Raleigh, NC 27699 -1601 Unless such a petition is filed, this certification and its conditions are final and binding This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or by e-mail lennifer.Burdette[ancdenr.eov or myself in the DWR Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.SteenhuisPncdenr.gov. nne Steenhuis Senior Environmental Specialist Wilmington Regional Office Division of Water Resources, NCDENR USMC -Camp Lejeune Attn: John Townson DWR Project H 2015 -0456 May 18, 2015 Page 4 of 4 Enclosure: GC 3890 cc: Jay Keller— Keller Environmental — electronic copy Martin Korenek — Natural Resources Manager — electronic copy Brad Shaver- USACE Wilmington Regulatory Field Office — electronic copy Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Jonathan Howell - DCM Morehead City — electronic copy WiRO