20151162 Ver 2_Approval Letter_20170512

11Vurer Resour
May 12, 2017
United States of America
Department of the Army
Attn: Mr. Gregory Bean
Directorate of Public Works
2175 Reilly Road, Stop A
Fort Bragg, NC 28310
ROY COOPER
—r
MICHAEL S. REGAN
I hP_
S. JAY JIMMERMAN
DWR # 15-1162 v2
Cumberland County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Ft Bragg Pope 21" Special Tactics Squadron (AFSOC TMKH003003)
USACE Action ID. No. SAW -2005-01340
Dear Mr. Bean:
Attached hereto is a copy of Certification No. 4045 issued to Mr. Gregory Bean and U. S.
Department of the Army, dated May 12, 2017. This Certification replaces the Certification issued
on January 20, 2016. Modification of this Certification was requested by the applicant to reflect a
revised site plan that results in less wetland impact. Please note that you should get any other
federal, state or local permits before proceeding with the subject project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, 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 of 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 may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] 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 OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], 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.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
y{�g 919 807 6300
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U. S. Department of the Army
DWR# 15-1162 v2
Individual Certification #4045
Page 2 of 7
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
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. If you have any questions, please contact Chad Turlington at 910-433-
3320 or [e-mail] or Jennifer Burdette at [phone] or
[e-mail].
Sincerely,
tt
Karen Higgins, Supervisor
'' 401 & Buffer Permitting Branch
cc: Ms. Teresa Bullard, USACE-Wilmington District -ECP -PE, 69 Darlington Avenue,
Wilmington, NC 28403
USACE Wilmington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR FRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 151162v2FtBraggPope2lstSpecialTacticsSquadron(Cumberland)_401_IC_MOd.docx

U. S. Department of the Army
DWR# 15-1162 v2
Individual Certification #4045
Page 3 of 7
CERTIFICATION #4045 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC
02H .0500, to Mr. Gregory Bean and U. S. Department of the Army, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on November 5, 2015 and subsequent information on January 11, 2016, by
Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on October
9, 2015, and a modification request received by the Division on May 11, 2017.
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 Approved
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(c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.51 (acres)
0 (acres)
2. Stormwater Management Plan
You are required to provide one copy of the stormwater management plan (SMP) approval
letter from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 &
Buffer Permitting Branch (1617 Mail Service Center, Raleigh, NC 27699-1617) before any
impacts authorized in this certification occur. The project must be constructed and maintained
in compliance with the approved SMP. After the approval letter is submitted to the Division,
the SMP may not be modified without prior written authorization from DEMLR. If the SMP is
modified in the future, then you shall provide an approval letter for the modifications to the
DWR 401 & Buffer Permitting Branch prior to the commencement of the modifications. [15A
NCAC 02H .0506(c)(5)]

U. S. Department of the Army
DWR# 15-1162 v2
Individual Certification #4045
Page 4 of 7
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 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]
4. Sediment and Erosion Control
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 NPDES 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.
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.
5. 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

U. S. Department of the Army
DWR# 15-1162 v2
Individual Certification #4045
Page 5 of 7
delegated program has released the specific area within the project. [15A NCAC 02H .0501
and .0502]
6. Construction Stormwater Permit NCG010000
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:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. 15A NCAC 02H .0506(c)(5)]
7. Work in the D
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(c)(3)]
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
9. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506 (c)(2)]
10. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0231]

U. S. Department of the Army
DWR# 15-1162 v2
Individual Certification #4045
Page 6 of 7
11. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
12. Continuing Compliance
Mr. Gregory Bean and U. S. Department of the Army 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 .0200] 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.
Before modifying the Certification, the Division shall notify Mr. Gregory Bean and U. S.
Department of the Army 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 Mr.
Gregory Bean and U. S. Department of the Army in writing, shall be provided to the U.S. 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. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable 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
Certification and is 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]
14. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
15. 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 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .05061

U. S. Department of the Army
DWR# 15-1162 v2
Individual Certification #4045
Page 7 of 7
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 12th day of May. 2017
� f n
r�
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAHAab
4045