20001020 Ver 2_Denial Water Certification_20240229

ROy COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
February 29, 2024
DWR # 20001020 V2
Wayne County
CERTIFIED MAIL: 7022 1670 0000 9974 7535
RETURN RECEIPT REQUESTED
Brian Joyner
US Air Force, Seymour Johnson AFB
1095 Patterson Avenue
Goldsboro, North Carolina 27530
Brian Joyner via email [e-mail]
Subject: DENIAL of 401 Water Quality Certification
SEYMOUR JOHNSON AFB STREAMBANK STABILIZATION
Dear Mr. Joyner:
On June 26, 2023, the Division of Water Resources (Division) received your PCN application
requesting a 401 Water Quality Certification from the Division for the subject project. As
presented in the application, the project proposes to stabilize streams on Seymour Johnson
AFB, within Wayne County, North Carolina. The USAF is proposing the stabilization of stream
banks and stormwater outfalls. The impacts to wetlands are temporary impacts of 1.193 acres
and permanent impacts of 0.014 acres. The impacts to streams are permanent impacts of 733
linear feet and 6,257 linear feet of temporary impacts. On September 12, 2023, the Division
sent you a Request for Additional Information letter.
As of the date of this letter, the Division has not received information addressing items 1, 2, and
3 in its September 12, 2023 Request for Additional Information (attached), and therefore, the
Division cannot certify that the subject project will comply with Sections 301, 302, 303, 306, and
307 of the federal Clean Water Act.
In accordance with 15A NCAC 02H .0507(e) your application for a 401 Water Quality
Certification is hereby denied.
The Division's decision can be contested as provided in Chapter 150E of the North Carolina
General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North
Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements
for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title
26 of the North Carolina Administrative Code. Additional information regarding requirements
D _E Q�� Noah Carolina Department of Environmental Quality I Division of Water Resources
512 Nonh Salisbury Street 1 1617 Mail Servn,e Center I Raleigh, North Carolina 27699-1617
muax.w 919.707.9000
YeNrinul YF.nrwMrnY, Ewrry

for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling
the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the recipient of this denial, then the party must also serve the
recipient of this denial in accordance with N.C.G.S 1508-23(a).
This denial does not preclude the applicant from resubmitting the application with the additional
information requested or with a modified project application. The concerns with the present
project application are purpose and need and avoidance and minimization.
Please be aware that you have no authorization under Section 401 of the Clean Water Act for this
activity and any work done within waters of the State or riparian buffers may be a violation of
North Carolina General Statutes and Administrative Code.
Please contact Robert Tankard at 252- 948- 3921 or [e-mail] if you have any
questions or concerns.
Sincerely,
kowT"."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: Anthony Scarbraugh, [e-mail]
Brad Luckey, Pilot Environmental, Inc., [e-mail]
DWR Files/ Laserfiche
0-0 0 Noah Carolina Department of Environmental Quality I Dirision of Water Resources
512 North Salisbury S(reet 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
y„� 919.707,9000

ROY COOPER
Governor
ELIZABETH S. BISER
seaetary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 12, 2023
DW R # 20001020 V2
Wayne County
Brian Joyner
US Air Force, Seymour Johnson AFB
1095 Patterson Avenue
Goldsboro, North Carolina 27530
Subject: REQUEST FOR ADDITIONAL INFORMATION
SEYMOUR JOHNSON AFB STREAMBANK STABILIZATION
Dear Mr. Joyner:
On June 26, 2023, the Division of Water Resources (Division) received a copy of your PCN
application requesting a 401 Water Quality Certification from the Division for the subject project.
The applicant, US Air Force (USAF), is seeking approval to stabilize streams on Seymour
Johnson AFB, within Wayne County, North Carolina. The USAF is proposing the stabilization
of stream banks and stormwater outfalls. The impacts to wetlands are temporary impacts
of 1.193 acres and permanent impacts of 0.014 acres. The impacts to streams are permanent
impacts of 733 linear feet and 6,257 linear feet of temporary impacts. The Division has
determined that your application is incomplete and cannot be processed. The application is on -
hold until the following information is received:
The proposed project involves grading wetlands adjacent to two stream channels; however, based on
observations during our site visit on August 29, 2023, most streambanks were stabilized with vegetation
(woody and grass)..The proposed work at each section was discussed and at each section, DWR and
USACE asked the question, "What is the purpose and need?" It was conveyed that grading in these areas
were necessary for "maintenance". It appears the overall project could be reduced by the areas that need
stabilization. Please provide further justification for the need for bank stabilization or a revised plan that
only includes areas where erosion control is needed. The proposed means of stabilization is to grade
stream banks down to the high-water mark and then revegetate with grass. Please explain how the
stream bank will be stabilized by this method. It appears that once the segment is graded, sloped and
revegetated that the stream will take on the same characteristics of the northern segment of Hospital
Creek. At this segment, you can see the historical erosion where the stream came out of its channel and
spilled over into its floodplain.
Nonh Carolina Depa nt of Envimo ental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

2. Two stream segments are regulated under the Neuse River Riparian Buffer rule 15A NCAC 02B.0714. All
three segments had woody vegetation. The Burge Creek segment had woody vegetation at the top of the
bank and is located adjacent to the runway. The woody vegetation can be removed at this stream
segment in accordance with 15A NCAC 02B.0714 (11)(a). The Hospital Creek North segment also had
woody vegetation along the stream banks and will be required to be revegetated with woody vegetation.
The Hospital Creek South segment is not regulated under the rule. Please include a restoration plan for
the revegetation of the Hospital Creek North segment.
3. The project could result in secondary or cumulative impacts that could cause or contribute to, or will
cause or contribute to, a violation of water quality standards.
Pursuant to 15A NCAC 2H. 0502 (c) and Title 15A NCAC 02H .0502 (d), the applicant shall furnish
all of the above requested information for the proper consideration of the application. If all of
the requested information is not received in writing within 30 calendar days of receipt of this
letter, the Division will be unable to approve the application and it will be returned. The return
of this project will necessitate reapplication to the Division for approval, including a complete
application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three copies
of all the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617.
Please be aware that you have no authorization under the Clean Water Act for this activity and
any work done within waters of the state may be a violation of North Carolina General Statutes
and Administrative Code.
Please contact Robert Tankard at 252-948-3921 or [e-mail] if you have any
questions or concerns.
Sincerely,
RoW T"."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
cc: Emily Thompson, USACE Washington Field Office (via e-mail)
Brad Luckey, Pilot Environmental, Inc. (via e-mail)
DWR Files/Laserfiche
D_E Q Nonh Carolina Depa ent of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington square Mall . Washington, North Carolina, 27889
.E 252-946-6481