20070245 Ver 2_Approval Letter_20080318

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Mr. John Townson
Marine Corps Base - Camp Lejeune
PSC Box 20004
Camp Lejeune, NC 28542-0004
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
March 18, 2008
Re: Marine Corps Special Operation Command, Camp Lejeune,
Onslow County
MARSOC Master Plan and MARSOC Wastewater Collection System
DWQ #20070245; USACE Action ID. No. 2007-00286-067
APPROVAL of 401 Water Quality Certification With Additional Conditions
Dear Mr. Townson:
Attached hereto is a copy of Certification No. 3659 issued to the Mr. John Townson and the United States
Marine Corps, dated February 15, 2008. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. This
Certification replaces the one issued to you on May 24, 2007.
If we can be of further assistance, do not hesitate to contact us.
AWK/cbk/?m
Attachments: Certificate of Completion
Sincerely,
(_.A ? r,?O?
/--7coleen H. Sullins
cc: Becky Fox, EPA - Region 4, 1307 Firefly Road, Whittier, NC 28789
Keith Harris, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Janet Russell, DLR Wilmington Regional Office
Stephen Rynas, Division of Coastal Management, Morehead City
File Copy
Central Files
Suzanne Klimek, EEP
Martin Korenek, Marine Corps Base, PSC Box 2004, Camp Lejeune, NC 28542-0004
Filename: 070245MarSOC(Onslow)401_ICMOD
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401 Wetlands Certification Unit No One
QtllClll
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. John Townson and the United States Marine Corps
Page 2 of 5
March 18, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. John Townson and the United States Marine Corps to
fill or otherwise impact up to 6.064 acres of wetlands (including fill in an estimated 0.914 acres of riparian
wetlands and 5.15 acres of non-riparian wetlands) and 2,341 linear feet of intermittent streams in the White
Oak River Basin, associated with the construction of the Marine Special Operations Command Complex, a
modern multi-purpose machine gun range and service roads in Onslow County, North Carolina, pursuant to
an application filed on the 8th day of February of 2007 and received on February 9, 2007, and in additional
correspondence received March 8, 2007, May 15, 2007, and February 6, 2008, including a Public Notice
issued by the U.S. Army Corps of Engineers on March 7, 2007, and a modification request described in
materials received February 6 and March 4, 2008. Final impacts are likely to be modified further as final
design details are resolved. Therefore, the applicant is required to notify DWQ of specific impacts and
mitigation payments made as design details are refined. Mitigation payments or other mitigation plans
pursued shall be made prior to implementation of impacts associated with this project.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
404 Wetlands 6.064 acres permanent impacts Modification request dated March 3, 2008
(5.15 acres non-riparian, 0.914
acres riparian)
Streams 2,341 linear feet intermittent Modification request dated March 3, 2008
streams
Mr. John Townson and the United States Marine Corps
Page 3 of 5
March 18, 2008
Sediment and Erosion Control:
2. 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 in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 404/401Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored `within six. mb'nths of the date that the
Division of Land Resources has released the project;
Continuing Compliance:
5. Mr. John Townson and the United States Marine Corps, 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 law and federal law. If the Division 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
violated, or that further conditions are necessary to assure compliance, the Division 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, the Division shall notify Mr. John Townson and the United States 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 Mr. John Townson and/or the United States Marine Corps 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;
Mr. John Townson and the United States Marine Corps
Page 4 of 5
March 18, 2008
Miti_ gation:
6. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you intend to use credits from the Greater Sandy Run Wetland Mitigation Bank
located on and owned by Camp Lejeune in Onslow County as described in your application to
meet this mitigation requirement. Our records show that the Greater Sandy Run Wetland
Mitigation Bank in Onslow County is available for credit release for non-riparian wetlands for
your project. As project design is refined, Camp Lejeune shall identify the credits used from the
bank, and provide updated account sheets to DWQ. This contribution has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. For accounting purposes,
this Authorization Certificate authorizes use of the Greater Sandy Run Wetland Mitigation
Bank to meet the following compensatory mitigation requirement:
Mitigation River and Sub-basin Number
Required
Non-Riparian Wetlands 7.73 acres required [represents White Oak/030502
1.5:1 mitigation for 5.15 acres
7. Compensatory Mitigation Using On-Site Mitigation Measures
Riparian wetland mitigation must be provided for the proposed impacts as specified in the table below.
This shall be in accordance with your mitigation proposal described in your modification request
materials dated February 6 and March 4, 2008, with the following revisions: The on-site mitigation plan
proposes monitoring to consist of as-built elevation surveys and evaluation of vegetation after the first
growing season. This is not adequate to ensure long-term success of the project. Quantitative hydrology
and vegetation success criteria should be developed based on a reference ecosystem" of the targeted
wetland type, and monitoring should continue through 5 years or until success criteria are achieved,
whichever is longer. We also recommend to the Corps that 2:1
Compensatory Mitigation River and Sub-basin Number
Required
Riparian Wetlands 0.914 acres [represents 1:1 White Oak/030502
mitigation for 0.914 acres
impacted]
Intermittent Streams 287 linear feet (not required for White Oak/030502
401, but may be required for 404
Permit, included here for
acnnnnting Durposes)
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
We understand that the Marine Corps wishes to utilize the NC Ecosystem Enhancement Program
(EEP) for stream mitigation credits for this project. As of October 3, 2007, the EEP had provided
confirmation that mitigation would be provided for up to 5.0 acres of riparian wetlands and
13,000 linear feet of streams. This has been determined by the DWQ to be a suitable method to
meet mitigation requirements. However, note that current DWQ policy does not include a
requirement for mitigation for intermittent streams, although we understand that intermittent
stream mitigation is required as a condition of the 404 Permit. Therefore, the intermittent
Mr. John Townson and the United States Marine
Page 5 of 5
March 18, 2008
mitigation table provided below is to ensure accounting of Permitted Impacts and Mitigation Requirements
Attached to this Certification is the Summary EEP receives and clears a check
office) fora specifically identified
for billing purposes associated with your paymentenUProgram the
(made payable to: DENR - Ecosystem Enhancem
ment occur.
impact location(s), the specific impacts specified in this Authorization Certificate shall not
The EEP should be contacted at (919) 715476 you have any questions concerning pay
this Authorization Certificate authorizes
into a restoration fund. For accounting purposes,
payment into the Wetland and Stream Restoration Funds to meet the following
compensatory mitigation requirements:
Compensatory Mitigation River and Sub-basin Number
Described in Application
Materials White Oak/030502
Intermittent Streams 2,054 (feet)
9. Certificate of Completion applicable
Certification or app
Upon completion of all work approved within the 401 Water Q sality Ce to return the attached
Buffer Rules, and any subsequent modifications, the applicant
Certificate of Completion to the 401[Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
i
of the 404 conduct Permitimpacts to waters as
Also, this approval to proceed with your proposed impacts
depicted in your application shall expire upon expiration hearing upon written
If this Certification is unacceptable to you, you have the right to an adjudcatory
written in sixty (60) days following receipt of this Ce ti Carolina General quest MUand filed with the a
quest with
req
written petition conforming to Chapter 150B of the North
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have theiright to at ofthetcatoryc eating oUnlessn
modifications upon written request within sixty (60) days following
such demands are made, this Certification shall be final and binding.
This the 18`' day of March, 2008
DIVISION OF WATER QUALITY
Coleen H. Sullins
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, the United States Marine Corps has permission as outlined below to
impact 6.064 acre of wetlands and 2341 linear feet of intermittent streams associated with the construction of the
Marine Special Operations Command Complex, a modern multi-purpose machine gun range and service
roads in Onslow County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2007-0245
LOCATION: Camp LeJeune
COUNTY Onslow
BASIN/ SUB BASIN White Oak, 030502
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands and surface
waters as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation* I
z. 7 n rti.
?.?..
2054 Linear feet of Intermittent Streams Not required for 401 Water Quaint' C,e F ??a+
*Mitigation requirements described here are not required for the 401 Water Quality Certification; however, this
summary is provided for billing purposes for stream mitigation that may be required for the 404 Permit. In
correspondence dated October 3, 2007, the EEP indicated that mitigation credits of up to 13,000 feet of stream
mitigation and 5 acres of riparian wetland mitigation would be conducted by the EEP if necessary pursuant to
conditions of the 401 Water Quality Certification and 404 Permit. Other forms of stream and wetland mitigation
required for the 401 Certification are described in that authorization.
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands and/or Stream Restoration Funds per NCAC 2R.0503. If you choose this option, please sign
this form and mail the form along with a copy of your 401 Certification to the Ecosystem Enhancement Program at
the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION
THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 20070245MARSOC(Onslow)EEP
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www,ncwaterquality.org
N ehCarolina
Noaturally