20090793 Ver 1_Approval Letter_20090722

P
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 22, 2009
DWQ Project #090793
Cumberland County
Ms. Linda G. Rogers, Acting Chief
Environmental Flight
43 CES/CEV
560 Interceptor Road
Pope Air Force Base, North Carolina 28308
Subject: Approval of 401 Certification with Additional Conditions
Former Skeet Range Site, (TS 692), Lead Contaminated Soil Investigation
Dear Ms. Rogers:
Your have our approval, in accordance with the attached conditions and those listed below, to mechanically clear,
excavate, and restore 0.12 acre of wetlands for the purpose of conducting remediation activities at the subject site near the
Combat Control School at Pope Air Force Base. This work is to be completed in accordance with the PCN dated June 17,
2009, signed by Lt. Col. Aaron K. Benson, Base Civil Engineer, Pope AFB, and with the supplemental information dated
July 20, 2009, received by the Division of Water Quality on July 21, 2009. After reviewing your application, we have
decided that the proposed impacts are covered by General Water Quality Certification Number 3696 (GC 3696). The
Certification allows you to use Nationwide Permit 38 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state, or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, or Water Supply
Watershed requirements. Also, this approval to proceed with your proposed project or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your project, you must
notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all conditions. This approval
requires you to follow the conditions listed in the attached certification and any additional conditions listed below.
Approved Impacts
The following impacts are hereby approved, as indicated in your application, as long as all of the other specific and
general conditions of this certification are met. No other impacts are approved, including incidental impacts.
Excavation/filling of 0.12 acre of wetland per approved plans.
225 Green St., Ste. 714
Fayetteville, North Carolina 28301 One
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748
NothCarolina
Internetwm.h20.enr,state.nc.us
An Equal Opportunity l Af rniative Action Employer ;Vaturally
Ms. Linda G. Rogers
July 22, 2008
Page 2
Additional Conditions
1. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
2. 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.
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.
4. 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.
The perrnittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State and Federal law. If DWQ 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, DWQ may reevaluate and modify this
certification.
6. A copy of this Water Quality Certification shall be posted on the construction site at all times.
7. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion
Form" to notify DWQ when all work included in the 401 Certification has been completed.
8. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters beyond those
associated with this permit without appropriate modification.
9. 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.
Ms. Linda G. Rogers
July 22, 2007
Page 3
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.
10. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing. This letter
completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please contact Ken Averitte at [phone].
Sincerely,
4L?? I- qi?w?
Coleen H. Sullins
CHS/ka
Attachments (General Certification and Certificate of Completion form)
cc: US Army Corps of Engineers, Wilmington District Office
Mr. Richard Spencer, US Army Corps of Engineers, Wilmington Field Office
Ian McMillan, 401 Wetlands Unit
Laurie Dennison, 401/Wetlands Unit
Central Files
FRO File Copy
Cumb.PopeAFB.SkeetRange.090793.401.doc