HomeMy WebLinkAbout20070245 Ver 6_Approval Letter_20170911IN
Miter Resauf c es
N v HIONVEN 1 AL UO A Li TY
September 11, 2017
USMC-Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
Public Works Design Civil Branch
1005 Michael Road
Camp Lejeune, NC 28542
R, 0 Y C P I R
S JA'i'
D W R # 07-0245 v6
Onslow County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
MARS,OC P1219
USAGE Action ID. No. SAW -2007-286067
Attached hereto is a copy of Certification No. 3659 issued to Neal Paul (Public Works Design Civil
Branch) and USMC-Camp Lejeune, dated September 11, 2017. This Certification is in addition
to the Certification issued to you on September 21, 2011 (12007-0245 v4) and October 9, 2015
(2007-0245 v5). All other conditions in Certification #3659 issued on September 21, 2011 and
October 9, 2015 remain in effect. The Certifications issued on May 4, 2017 (12007-0245 v1), May
24, 2007 (#2007-0245 v1), March 18, 2008 (#2007-0245 v2), October 5, 2010 (12007-0245 v3)
were replaced with the Certification issued September 21, 2011.
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 General Statute, 1508 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 http://www.ncoah.com or by calling the OAH
Clerk's Office at (919) 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 OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
Slate of North Carolina ' Enviromnental Qualil) I Water Resources
1617 Mail Service Center 1 Raleigh, North Carolina 27099-1617
9198076300
LISIVIC-MARSOC P1219
DWR# 07-0245 v6
Individual Certification #3659
Page 2 of 9
The petition may be faxed to the OAH at (919) 431-3100, 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.
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 Department of Environmental Quality:
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. Contact Robb Mairs at 910-796-7215 or robb.mairs ncdenr.gov if
you have any questions or concerns.
Sincerely,
ry
Karen Higgins, Supervlisl"'�
401 & Buffer Permitting Branch
cc: Richard Harmon, AMSC Foster Wheeler (via Richard.Harmon@amecfw.com)
Brad Shaver, USAGE Wilmington Regulatory Field Office
Todd Bowers, EPA (via bowers.todd@epa.gov)
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 070245v6MARSOC—ConnectorRoad(onslow)_401_IC—Mod.docx
USMC'MAK5O[P12l9
DWR#07-0245m5
|ndiwidua�Certification #36S9
Page 3of9
CERTIFICATION #365,9 is issued in conformity with the requirements of Section 401, Public Laws
92-5OOand 95-2l7ufthe United States and subject tnNorth [arofinal'sRegulations imI5ANCAC
O2H.0S00and I5A0CACO28.Q2Q0,toNeal Paul (Public Works Design Civil Branch) and USM[-
CanlpLejeune, xvhohaveauthurizationfOrtheinmpactslistedbe|om4asdescribedvvitbinyour
application received bythe fJ.C.Division afWater Resources /0vision\nnJune l9,2Ul7 and
subsequent information received omAugust 28,2OI7,and byPublic Notice issued bythe U.S.
Army Corps of Engineers and received by the Division on November 17, 2006.
The State ofNorth Carolina certifies that this activity will not violate the applicable portions Qf
Sections 8Q1,3O2,3D3,3U8,3Q70fthe Public Laws 92-5UOand PL95-2I7ifconducted im
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions Rstedimthe certification below.
Conditions of Certification:
Impacts Approved
The following impacts are hereby approved provided that all ofthe conditions Ofthe
Certification are met. Noother impacts are approved, including incidental impacts. [15A
a Cumulative wetland impacts now equals 4[5I7acres and 1,447&neor/eetoystreams
Z. Compensatgry Mitigation
Mitigation for this project hasbeenprowidedperthepreviowscgrtUicatkonS. Mitigation must
be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the Bachelors Delight Mitigation Bank to meet this
mitigation requirement. Until the Bachelors Delight Mitigation Bank receives and clears your
payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment tothe Bachelors Delight Mitigation Bank tomeet the following
Amount Approved (Units)
Plan Location or Reference
Stream
NA
NA
404/401 Wetlands
1A
2484 SF (0.057 ac)
Sheet 7 of 114 (attached)
a Cumulative wetland impacts now equals 4[5I7acres and 1,447&neor/eetoystreams
Z. Compensatgry Mitigation
Mitigation for this project hasbeenprowidedperthepreviowscgrtUicatkonS. Mitigation must
be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the Bachelors Delight Mitigation Bank to meet this
mitigation requirement. Until the Bachelors Delight Mitigation Bank receives and clears your
payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment tothe Bachelors Delight Mitigation Bank tomeet the following
USIVI[-MARSO[PQ19
DlWR#0-0245v6
Individual Certification #3G59
Page 4 of 9
3. The Permittee shall ensure that the final design drawings adhere tothe permit and tOthe
permit drawings submitted for approval. [15ANCA[82H.05O7(c)and 15ANCACO2M.05O8
4. Construction Plans
Any final construction plans for this project momStinc]udeorref2reoCe1he application and
plans approved by the Division under this authorization letter and certU;cat|un. The
applicant will also berequired tOevaluate all acquired permits t0assure that they are
consistent and all relative impacts are accounted for and shown onthe construction plans.
[15A NCAC 02H.0502 (b) and 15A NCAC 02H.0506 (4)]
5. Project Compliance
The permittee shall require its contractors and/or agents to comply with the terms and
conditions ofthis permit inthe construction and maintenance ofthis project, and Sh3U
provide each of its contractors and/or agents associated with the construction or
maintenance ofthis project xvith acopy ofthis Certification. Acopy ofthis Certification,
including all conditions shall beavailable atthe project 5ite during the construction and
maintenance pfthis project. [l5ANCACOZN.U5U7/c\and I5ANCACO2H.O506/bUZ\and
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint ofthe impacts depicted inthe application for this project. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall beperformed sothat no
violations ufstate water quality standards, statutes, orrules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of
this certification. [l5AMCA[O2H.U5Q1and .O502]
7. 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 ofthe NPDESCVnstruction Stormnvvater Permit issued to the site and the
Compensatory Mitigation
River and Sub -
Required
basin Number
White Oak
Wetlands
0.2 (acres)
03020302
3. The Permittee shall ensure that the final design drawings adhere tothe permit and tOthe
permit drawings submitted for approval. [15ANCA[82H.05O7(c)and 15ANCACO2M.05O8
4. Construction Plans
Any final construction plans for this project momStinc]udeorref2reoCe1he application and
plans approved by the Division under this authorization letter and certU;cat|un. The
applicant will also berequired tOevaluate all acquired permits t0assure that they are
consistent and all relative impacts are accounted for and shown onthe construction plans.
[15A NCAC 02H.0502 (b) and 15A NCAC 02H.0506 (4)]
5. Project Compliance
The permittee shall require its contractors and/or agents to comply with the terms and
conditions ofthis permit inthe construction and maintenance ofthis project, and Sh3U
provide each of its contractors and/or agents associated with the construction or
maintenance ofthis project xvith acopy ofthis Certification. Acopy ofthis Certification,
including all conditions shall beavailable atthe project 5ite during the construction and
maintenance pfthis project. [l5ANCACOZN.U5U7/c\and I5ANCACO2H.O506/bUZ\and
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint ofthe impacts depicted inthe application for this project. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall beperformed sothat no
violations ufstate water quality standards, statutes, orrules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of
this certification. [l5AMCA[O2H.U5Q1and .O502]
7. 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 ofthe NPDESCVnstruction Stormnvvater Permit issued to the site and the
USIVIC-MARSOC P1219
D # 07-0245 v6
Individual Certification #3659
Page 5 of 9
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.
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.
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.
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 04B .0124 Design
Standards in Sensitive Watersheds.
Protective Fencing
8. 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)]
9, 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]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
U5M[-hNARS0CPI218
DWR#0-0245v6
individual Certification #3859
Page 6 of 9
11. Construction Stormwater Permit NCGO10000
An NPDE5 Construction St0rnmvvater Permit is required for construction projects that disturb
one /1\nrmore acres ofland. This Permit allows stomnvvatertubedischarged during land
disturbing construction activities asstipulated inthe conditions 0fthe permit. If your
project is covered bythis permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements isrequired. Acopy 0fthe general permit
(NCG010000), inspection log sheets, and other information may be found at:
. [I5/\NC4.0O2H .0506/b\/51 and
I2.A copy of this Water CueUbv Certification shall be maintained on the construction site at all
times. |naddition, the Water Quality Certification and all subsequent modifications, ifany, shall
be maintained with the Division Engineer and the 8n -site project nnanager. K15A WC/\CO2H
13. Work in the Dry
All work in or adjacent to stream waters shall be conducted sothat the flowing stream does
not come incontact with the disturbed area. Approved best management practices from the
most current version Qfthe NCSediment and Erosion Control Manual, orthe NCDOT
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
14. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured nrcuring concrete and waters ofthe state, Water
that inadvertently contacts uncured concrete shall not bedischarged tQwaters ofthe state
due tothe potential for elevated pHand possible aquatic life/fish kills. [15ANCACO2B.02801
15. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
Culverts required for this project sha!l beinstalled insuch amanner that the original Strearm
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cn055-S2[tiOn dimensions, pattern and longitudinal profile)
must bemaintained above and below locations ufeach culvert.
Placement ofculverts and other structures inwaters, streams must be below the elevation of
the streemnbedbyone /1\foot for all culverts with adiameter greater than 48inches, and Z0
percent Qfthe culvert diameter for culverts having ediameter less than 48inches, toallow
low flow passage of water and aquatic life.
USIVIC-MARSOC P1219
DWR# 07-0245 v6
Individual Certification #3659
Page 7 of 9
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
16. Heavy equipment shall be operated from the banks rather than in the stream channel in
order to minimize sedimentation and reduce the introduction of other pollutants into the
stream. [15A NCAC 02H.0506(b)(3)]
17. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. [15A NCAC 02H.0506(b)(3)]
18. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
19. 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(b)(2) and (c)(2)]
20. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
21. Any riprap required for proper culvert placement, stream 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. t15A NCAC 02H .0506(b)(2)]
U3MC-MAR3O[P1ZI9
DVVK#U7-0245v6
Individual Certification #3659
Page 8uf9
22. Any riprap used for stream 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 ofdebris ortoxic pollutants. Riprapshall not beinstalled inthe streammbedexcept in
specific areas required for velocity control and to ensure integrity nfbank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
ZI A one-time application offertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but iSrestricted tonncloser than lOfeet from top ofbank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. 15ANCACO28.0231
24. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
25. ContinuingCompliance
Neal Paul (Public Works Design Civil Branch) and USK4C-[amnpLejeune 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 OfState and Federal law. [I5APJC4CO2B.02001 If the
Division determines that such standards or laws are not being nn8t (including the failure to
sustain 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 Neal
Paul (Public Works Design Civil Branch) and WSM[-[anopLejeune and the U.S.Army Corps Of
Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing inaccordance with 15AN[A[02H.0504. Any new arrevised
conditions shall be provided to Neal Paul (Public Works Design Civil Branch) and USMC-Camp
Lejeune in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any
Permit issued pursuant tnSection 4O4ofthe Clean Water Act, and shall also become
conditions ofthe 4O4Permit for the project.
2fiThis approval lsfor the purpose and design described lnyour application and as described in
the Public Notice. The plans and specifications for this project 8reincorpora1ed6«refenenCe
and are anenforceable part Qfthe Certification. |fyou change your project, yournustnntif«
the Division and you may be required to submit a new application package with the
appropriate fee. !fthe property iasold, the new owner must begiven @ copy ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification beissued intheir name. [l5AN[A[82H.05O1and
USMC-MARSOC P1219
DWR# 07-0245 v6
Individual Certification #3659
27. 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/`swpZws/401/certsandpermits/applylforms).
[15A NCAC 02H .0502(f)]
28. This certification grants permission to the director, an authorized representative of the
Director, or DEQ 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 LAMA 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.0506]
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 ill' day of September 2017
. I
�XIU-AA-) cfl
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAHIrlm
3659