HomeMy WebLinkAbout20070245 Ver 5_Approval Letter_20151009Nofth Carolina Depaftment of Environmental Quaky
Pat McCrory
Govemor Doinald R vw) der, Vaart
Secretary
relmo
Onslow County
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 401 Water Quality Certification with Additional Conditions
MODIFICATION
MARSOC, Sneads Ferry
USACE Action ID. No. 2007 286 067
I. M, LTI 8 1101 1 M
Attached hereto is a copy • Certification No. 3659-Addenclum issued to Mr. Neal Paul,
Deputy Public Works Officer, Public Works Division for the US Marine Corps Base Camp
Lejeune, dated October 9, 2015. This Certification is in addition to the Certification issued
to you on September 21, 2011. All conditions in Certification #3659 issued on September
21, 2011 remain in effect. Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required ♦ (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 • 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 maybe obtained from the OAH at l'itlp�://www.�'icoah.corri orbycallingtheOAH
_ _—Z
Clerk's Office at (9 19) 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 •AH during normal
office hours (Monday through Friday between 8:00arn and 5:00prn, excluding official state
holidays),
401 & Buffw Perrn ttng unit
16' 7 MW `,)ervice reWer, Ral6gh, t,J�)Irlh Carorma 27699 16 7
Localion. W N Salisbury St Rale�jh, Noiti Caroka 2t'604
Phone 919 807 .6 300 l FAK 919-807-6494 1 Custaw Serke 1 877 623V48
hternet www nwaterquaNty org
MR-Sum
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy •
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
7,11 m =,-- rq ff==
If sending via US Postal Service
6714 Mail Service Center
1
,7
Raleigh, NC 27699-6714
FedEx,
*ffice • Administrative Hearings-
1711 New Hope Church Road
Raleigh, NC 27609-6285
Sam Hayes, General Counsel
t7"
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
Joarri-ie.Steeii ,iuis@ncderir.gov if you have any questions or concerns.
I ,*_ M
cc: Dana Lutheran, SEGi 5315 South College Road, Suite E, Wilmington, NC 28412
Martin Korenek, IFE/EMD/ECON, 12 Post Lane, Camp Lejeune, NC 28547
Brad Shaver, USACE Wilmington —via email (Brad. E.Shaver@ usace. army. m il)
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta,
GA 30303
Brian Lambe, DEMLR WiRO
Joanne Steenhuis, DWR W�iRO jffiles
4k;61'14!4 ",ism-tal
I kl4bld
I'Hename: 070245v5MAR5OC(Onslow)_401_IC—MOD,docx
CERTIFICATION #3659-Addenclum is issued in conformity with the requirements of Se n 4 "'
ctio ti '0
Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's F egula ons
15 NCAC 02H.0500 and 15A NCAC 0213.0200, to Mr. Neal Paul, Deputy Public Works Director fo
the US Marine Corps Base Camp Lejeune, who have authorization for the impacts listed below,
described within your application received by the N.C. Division of Water Resources (Division) on
August 12, 2015 and subsequent information on September 21, 2015, and by Public Notice issue
• A 1h I
y the U. S. rmy Corp o o
s f Engineers n the 17 of November 200• and received • the Division
on the 211t of November 2006.
These additional impacts are to be cumulatively added to the previously permitted impacts
approved through September 21, 2011. In using the amounts provided by as-builts, to calculate
what has been impacted thus far are as follows: 4.43 acres of permanent jurisdictional wetland
impacts and 1,447 linear feet of permanent stream impacts in the White Oak River Basin,
associated with the construction of the Marine Corps Special Command (MARSOC) Marine Corps
Base, Camp Lejeune in Onslow County, North Carolina.
This Certification also addresses and mitigates the deficiencies in the prior authorized mitigation
for Versions 1 and 2.
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 ADproved
The following additional impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or isolated Wetland Permit) are met. [15A NCAC
02B .0506(b)(c) No other impacts are approved including incidental impacts:
Stream
404/401 Wetlands
1A
1B
2
TOTAL impact
Amount Approved (Units)
N/A
Em M*#1161 m7r 1=1 .
- — W10
�mxrvlll
6• 5.5 SF (0.02 ac)
Plan Location or Reference
Sheet C-101 (attached)
Sheet C-102 (attached)
Sheet C-103 (attached)
23. � r
2 This approval is for the purpose and design described in your modified application. The pla
and specifications for this project are incorporated by reference and are an enforceable pa
of the Certification. If you change your project, you must notify the Division and you may •
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 fo
r • • o • d e•
r
clying with all conditins. Any new wner must ntify the Divisin an ruest the
Certification be issued in t�heir name. [15A NCAC 02H .0501 and .0502] 1
Comr)ensatory Mitigation
Compensatory Mitigation Using the Greater Sandy Run Area Mitigation Bank (GSRAMB), a
Local Approved Mitigation Bank. [15A NCAC 02H .0506(h)] Mitigation of 0.03 acre must be
provided for the proposed modified impacts. It is our understanding that you will be
debiting mitigation credits for riparian wetlands from GSRAMB.
In addition, an additional 0.02 acre of mitigation credits will be debited from the GSRAMB
to offset the riparian wetland restoration/mitigation deficiency from the prior authorized
impacts.
r 1 1
[via Wo OR "11
N EW.. r- •'r -r
4. Best Management Practices
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. [15A NCAC 02H .0501 and .0502]
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 NPIDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
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.
MARSOC, Sneads Ferry
DWR # 2007-0245 v5
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 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-1, WHI, HQW, ORW waters. The sediment and erosion control
designs must comply with the requirements set forth in 15A NCAC 0413.0124 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. [15A NCAC 02H
.0501 and .0502].
If there are any questions or concerns about any issues within the project complex, do not
hesitate to call the Wilmington Regional Office at 910,796.7215 to get someone from Water
Resources to provide you with assistance.
7. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. (15A NCAC 02H 0506 (b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c)]
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated 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 is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
zmr
!],11,1,.l,.�llpoa,�taV,ti(,,den�,�.org/wel�/ lg/wsY'sai/iri.1,2w!g.,,y w# , -fir. [15A NCAC 02H .0506(b)(5) and
(c)(5,)]
All work in wetlands or adjacent to stream waters shall be conducted so that the flowing
water does not come in contact with the disturbed area. Approved best management
%ractices from the most current version of the NC Sediment and ErosiAm14GMcr4"rF.AM-
the NC DOT Construction and Maintenance Activities Manual, such as sandbags, by-pass
pumps, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. [1 5A NCAC 02H .0506(b)(3) and (c)(3)]
10. Any riprap used for stream/wetland stabilization, or restoration of temporarily disturbed
areas shall be restricted to the area directly impacted by the approved construction activity.
All riprap shall be buried and/or "keyed in" such that the original stream elevation and
streambank contours are restored and maintained. Placement of riprap or other approved
materials shall not result in de- stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
11, Any riprap used for stream/wetland stabilization shall be of a size and density to prevent
movement by wave action, current action, or stream flows and consist of clean rock or
masonry material free of debris or toxic pollutants, Riprap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure integrity of
bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
12. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
13. Continuing Compliance
Neal Paul, Deputy Publics Works Officer for the US Marine Corps Base, Camp Lejeune and
their authorized agents and/or contractors, 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. [15A NCAC 02B .02001 If the Division determines
that such standards or laws are not being met (including the failure to sustain a designated
or achieved use) • that State or federal law is being violated, • that further conditions are
necessary
• assure compliance, the Division may reevaluate and modify this Certification,
Before modifying the Certification, the Division shall notify Neal Paul, Deputy Publics Works
Officer for the US Marine Corps Base, Camp Lejeune and their authorized agents and/or
contractors 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 Neal Paul, Deputy
Publics Works Officer for the US Marine Corps Base, Camp Lejeune and their authorized
,?.gents and/or contractors in writing, shall • provided to the U.S. Army Corps of Engineers
for reference in any Permit issued pursuant to Section 404 • the Clean Water Act, and shall
also become conditions of the 404 Permit for the project,
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. 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)]
The permitee shall require its contractors and/or agents to comply with the terms and
conditions 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 with 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 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2))
16. Within 60 days • completion of construction, as-built drawings (which can be shown on
aerial or done as a survey) shall be submitted to both the Division of Water Resources, 40
& Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699-1617 and to the
Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405, [15A
NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] I
17. The applicant and/or authorized agent shall provide a completed Certificate • Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available
aL _Ip _Y�y
_p
[15A NCAC 02H.0502(f)]
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 Permit, The conditions in
effect on the date of issuance shall remain in effect for the fif f th
KAH1jhs
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- EXIST TREE LINE `_ - - - - r= LIMITS - OF- DISTURBANCE
0.08 ACRES
EXIST RIP - RAP ti A4 EROSION CONTROL Al
C -501 MATING ON SIDE �\ 0 -101 to LOa
Wetland Impact Table
Impact Area IA = C.01 AC / 446. SF
Impact Area IB = 0.004 AC / 171.0 SF
Impact Area 2 = 0.02 AC / 695.5 SF
R - - - -?7
- � EMOVE EXIST
LOG VANES LOD .2 - -- -
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WETLAND LIKE TO BE REMOVED AND
REPLACE AFTER GRADING 00�
Total Proposed Imnacts = 0.03 AC / 1312.9 SF
Cumulative Wetland Impacts = 3.73 AC /
163,791.7 SF
ROCK GRADATION TABLE
7 P_ ASSING DIAMETER. IN. (WEIGHT. LEIS_)
Dim - - - - - -- 15 -20 (261 -619)
Dab - - - - - -- 13 -18 (170 -451)
Dso - - - - - -- 10 -15 (77 --261)
DID - - - - - -- 8 -13 (40 -170)
EROSION CONTROL A4
MATTING C -501
EXIST GRADE - -- 2 2
20.5" THICK ROCK
D5o DIA = 10.2 /
SEE TABLE FOR GRADATION
GEOTEXTILE FABRIC j
- NCDOT TYPE 2
6 "TICK BEDDING -
NCOOT #57 STONE
ROCK CHUTE SECTION n
NOT TO SCALE Al
NOTE:
GEOTEXTILE SHALL BE OVERLAPPED 18" MIN AND ANCHORED
18" MIN ALONG SIDES AND 24' MIN ON THE ENDS
(C-501 ROCK CHUTE
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PERMANENT � A4 EROSION CONTROL -' QOl
WETLAND IMPACT= 1 C -SOi MATING ON SIDE
0.010 AC (446.90) SLOPES
GRADING. DRAINAGE AND EROSION CONTROL PLAN
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EROSION CONTROL
0.05 ACRES
-EXIST RIP REMOVE EXIST MATING ON SIDE LIMITS OF DISTURBANCE
LOG VANES_,. SLOPES
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WETLANG-LINC
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ROCK CHUTE 007 , —
EXIST RIP-RAP oo�
TO-8E- REMOVED -AND - ,
REPLACE AFTER GRADING
A4 ERO510N CONTROL EXIST TREE LINE
C-501 MATING ON SIDE
Q- 591 CA
SLOPES TLIN
\ ` Engineers and Scientists
EXIST FE
51 10'
22001t0yRd
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EXIST RCP EROSION C014TROL (C EA4� u —, f
N= a
12' MIN /'/`�\\MATTING
GRADING. DRAINAGE AND EROSION CONTROL PLAN EXIST GRADE NOTE:
2 GEOTLXTIUE SHALL BE OVERLAPPED 18" MIN AND ANCHORED
18' MIN ALONG SIDES AND 24" MIN ON THE ENDS
35 35 ROCK GRADATION TABLE 'm i3q, ,w 1= Gw
X PA
12.6" THICK ROCK -5,SING DIAMETER. 14. (WEIGHT. IRS.)
Dso DIA = 6.3 DIDO 9-13 (61-146)
SEE TABLE FOR GRADATION D86 ------- 8 -11 (40-106)
B EXIST FES GEDTLXJILE FABRIC `- - - - - -' D50 ------- 6-9 (18-61)
B
- NCDOT TYPE 2 DID - -- - -- 5-8 (9-40)
EXIST RIP -RAP 6* THICK 8EDDING
NCDOT 157 STONE
30' 30 ROCK CHUTE SECTION
LL 5
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CHANNEL GRADE
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CHANNEL GRADE
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A NCDOIF #5 STONE A
ROCK CHUTE PROFILE AS 140TED
x. v
HORz: i'=s'
VERT: 1'=2,5'
15
0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+)0 1+10 1+20 1+30 1+40 6
C -103
2 3 4