20080928 Ver 1_Approval Letter_20081112

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Marine Corps Base Camp Lejeune
ATTN: Mr. Carl Baker
Deputy Public Works Officer
Public Works Division
Camp Lejeune, NC 28542
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
November 12, 2008
Re: Modernization of K-2 Ranges, Phase One, Onslow County
Ut to the New River [030502,19-(15.5), SC, NSW]
DWQ Project # 20080928
USACE Action ID. No..2007 3423 067
APPROVAL of 401 Water Quality Certification with Additional Conditions - REVISED
Dear Mr. Baker:
Attached hereto is a copy of Certification No. 3765 issued to Mr. Carl Baker, Deputy Public Works
Office for the Public Works Division of the United States Marine Corps Base Camp Lejeune, dated
November 12, 2008. This Certification replaces the Certification issued on October 31, 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.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/Ym
Attachments: Certificate of Completion
7Y,
9?Coleen Sullins
cc: Martin Korenek, Environmental Conservation Branch
Brad Shaver Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Karl Hammers, DLR, Wilmington Regional Office
Anne Deaton, DMF, P.O. Box 769, Morehead City, NC 28557
Doug Huggett, DCM
File Copy
Matt Matthews, DWQ Branch Manager
Filename: 080928CampLejeuneModemizationOfK2Ranges(Onslow)401_IC-Revised
Mailing Address Phone [phone] Location None hCarolina
1617 Mail Service Center Fax [phone] N. Salisbury St. Nahma!lty
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwateraualitv.ore Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Marine Corps Base Camp Lejeune
Page 2 of 5
November 12, 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. Carl Baker, Deputy Public Works Office for the Public
Works Division of the United States Marine Corps Base Camp Lejeune to mechanically clear, cut and fill
14.47 acres of jurisdictional wetlands and 496 linear feet of intermittent stream and temporarily impact
37.59 acres of jurisdictional wetlands in the Cape Fear River Basin, associated with the phase one
modernization of the K-2 ranges in Onslow County, North Carolina, pursuant to an application filed on the
6th day of June of 2008 and revised application dated August 11, 2008.
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:
Type of Impact Amount Approved nits Plan Location or Reference
404/401 Wetlands P1 - 2.71 acres Fig 7. Preferred project:
P2 5.58 Acres
P3 6.19 acres
A total of 14.48 acres of
permanent impacts
PI 1.63 acres
P2 14.12 acres
21.84 acres
A total of 37.59 acres of
temporary impacts
Stream PI 112 linear feet Fig 7. Preferred project:
P2 384 linear feet
A total of 496 linear feet of
intermittent stream impacts
Buffers N/A
Marine Corps Base Camp Lejeune
Page 3 of 5
November 12, 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 404/40 1 Permit 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 without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream 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 Land Resources or locally delegated program has released the project.
5. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at htW. Ah2o. enr. state. nc. us/su/Forms Documents. htm.
Continuing Compliance:
6. Mr. Carl Baker, Deputy Public Works Office for the Public Works Division of the United States
Marine Corps Base Camp Lejeune 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
Marine Corps Base Camp Lejeune
Page 4 of 5
November 12, 2008
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. Carl Baker, Deputy Public Works Office for the Public
Works Division of the United States Marine Corps Base Camp Lejeune 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. Carl Baker, Deputy Public Works Office for the Public Works
Division of the United States Marine Corps Base Camp Lejeune 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;
Mitigation:
7. Compensatory Mitigation by using credits from the Greater Sandy Run Area (GSRA) wetlands
mitigation bank to offset the proposed wetland impacts
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you are using credits from the Greater Sandy Run Area (GSRA) wetlands
mitigation bank to meet this mitigation requirement. This has been determined by the DWQ to be
a suitable method to meet the mitigation requirement.
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream N/A (feet) WOK 19 (15.5)
Wetlands 14.47 acres WOK 19 15.5
Waters N/A (acres) WOK 19 (15.5)
Road Crossings.
8. Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Other conditions:
9. Construction Plans
Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
10. Protective Fencing
The outside wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
Marine Corps Base Camp Lejeune
Page 5 of 5
November 12, 2008
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities.
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
CHS/cbk/Ym
This the 12th day of N
DIVIS 9N OF WATI
t
oleen Sullins
3765
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature
Agent's Certification
I;
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed bya Certified Professional
.
I, , as a duly registered Professional (i.e., Engineer,_
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permitee hereby state -that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date