HomeMy WebLinkAbout20171235 Ver 1_Approval Letter_20171130Water Resources
ENVIRONMENTAL QUALITY
November 30, 2017
USMC-Camp Lejeune
Attn: Mr. Neal Paul, Deputy Public Works Officer
Public Works Design Civil Branch
1005 Michael Road
Camp Lejeune, NC 28542
ROY COOPER
MICHAEL S. REGAN
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LINDA CULPEPPER
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DWR # 17-1235
Onslow County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Site Design for SR10 and BZO Ranges
USACE Action ID. No. SAW -2017-02000
Dear Mr. Paul:
Attached hereto is a copy of Certification No. 4156 issued to Neal Paul (Public Works Design Civil
Branch) and USMC-Camp Lejeune, dated September 11, 2017. 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 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 (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).
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.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
USMC-Camp Lejeune
DWR# 17-1235
Individual Certification #4156
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
Page 2 of 7
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,
4*A��
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Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Joseph Avolis, Avolis Engineering, PA (via avolisengineering@embargmail.com)
Brad Shaver, USACE Wilmington Regulatory Field Office
Jessi Baker, Camp Lejeune- Environmental Management Division
Todd Bowers, EPA (via bowers.todd@epa.gov)
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 171235SiteDesignSR10&BZO(Onslow)_401_IC.docx
USMC-Camp Lejeune
DWR# 17-1235
Individual Certification #4156
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4156 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 and 15A NCAC 02B .0200, to Neal Paul (Public Works Design Civil Branch) and USMC-
Camp Lejeune, who have authorization for the impacts listed below, as described within your
application received by the N.C. Division of Water Resources (Division) on September 28, 2017 and
by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on
October 3, 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:
Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02B .0506(c)]
2. Compensatory Mitigation
Mitigation for this project has been provided per the previous certifications. The additional
impacts incurred by this certification shall be mitigated with 3.74 acres of bottomland
hardwood from the Greater Sandy Run Area (GSRA) Mitigation Bank. Until the proof of debit to
the mitigation bank has been provided to this Office, no impacts specified in this Certification
shall occur.
Amount Approved (Units)
Plan Location or Reference
Stream
NA
NA
404/401 Wetlands
45,283 SF (1.03 ac)
Sheet EX -1 (attached)
Wetlands
49,939 SF (1.15 ac)
1"= 400'
67,833 SF (1.56 ac)
TOTAL impact
163,055 SF (3.74 ac)
2. Compensatory Mitigation
Mitigation for this project has been provided per the previous certifications. The additional
impacts incurred by this certification shall be mitigated with 3.74 acres of bottomland
hardwood from the Greater Sandy Run Area (GSRA) Mitigation Bank. Until the proof of debit to
the mitigation bank has been provided to this Office, no impacts specified in this Certification
shall occur.
Compensatory Mitigation
River and Sub -
Required
basin Number
White Oak
Wetlands
3.74 (acres)
03020302
USMC-Camp Lejeune
DWR# 17-1235
Individual Certification #4156
Page 4 of 7
3. 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. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate
fee. [15A NCAC 02H .0501 and .0502]
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the impacts (including temporary impacts) as authorized under this Certification. [15A NCAC
02H .0501 and .0502]
5. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
[15A NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. [15A NCAC 02B .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the 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. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams 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 NCSediment and Erosion Control Manual, or the NC DDT
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(b)(3) and (c)(3)]
10. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200
and 15A NCAC 02B.0231]
11. If concrete is used during 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. [15A
NCAC 02B .02001
USMC-Camp Lejeune
DWR# 17-1235
Individual Certification #4156
Page 5 of 7
12. No temporary impacts are allowed beyond those included in this Certification. All temporary
fill and culverts shall be removed and the impacted area shall be returned to natural conditions
within 60 calendar days after the temporary impact is no longer necessary. The impacted
areas shall be restored to original grade, including each stream's original cross sectional
dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall
be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
13. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North
Carolina Department of Transportation Best Management Practices for Construction and
Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of
this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)j
14. 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. [15A NCAC 02H .0506(b)(2)]
15. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those
required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply
Watershed, and Trout Buffer regulations.
16. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands
to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A
NCAC 02B .0211 (12)]
17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
18. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
USMC-Camp Lejeune
DWR# 17-1235
Individual Certification #4156
Page 6 of 7
19. Mr. Neal Paul (Public Works Design Civil Branch) and MCD 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 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. Neal Paul
(Public Works Design Civil Branch) and MCD Camp Lejeune 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. Neal Paul (Public Works Design Civil Branch) and MCD
Camp Lejeune 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.
20. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on
the DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
21. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
22. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action respecting
the determination of riparian or littoral rights or other rights to water use. No consumptive
user is deemed by virtue of this Certification to possess any prescriptive or other right of
priority with respect to any other consumptive user regardless of the quantity of the
withdrawal or the date on which the withdrawal was initiated or expanded.
23. 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)]
24. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
USMC-Camp Lejeune
DWR# 17-1235
Individual Certification #4156
Page 7 of 7
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 .0506]
This the 30th day of November 2017
�OLJI.klV�� ,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/r/m
Attachment: Sheet EX -1
4156