HomeMy WebLinkAbout20190047 Ver 1_Approval Letter_20190214DocuSign Envelope ID: 77EO488A-183A-4F25-8EED-EOD820637B8C
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
February 4, 2019
DWR Project # 2019-0047
Onslow County
USMC-Camp Lejeune
Attn: Neal Paul -Deputy Public Works Officer
Public Works Design Civil Branch
1005 Michael Road
Camp Lejeune, NC 28542
Subject Property: Weil Point Upgrades- Frenchs Creek -New River, Onslow County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Paul,
You have our approval, in accordance with the attached conditions and those listed below
to allow for the construction of an articulated -concrete mat, measuring approximately 30
feet in length by 30 feet in width revetment, which would be located approximately 15.5
feet to 28.3 feet below the normal high water (NHW) boundary. The project also includes
the construction of a free-standing offshore rip -rap sill, which includes associated backfill
of approximately 0.04 acres of open water area for estuarine habitat, within Frerichs Creek
at Marine Corps Base Camp Lejeune, as described in your application received by the N.C.
Division of Water Resources (DWR) on January 8, 2019, and subsequent information
received on January 23, 2019. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Numbers 4132 (GC4132) and
4175 (GC4175).
This Certification allows you to use the Nationwide Permit 36 and Nationwide Permit 54
when issued by the U.S. Army Corps of Engineers. 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, and stormwater regulations. 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 Permit. This Certification can also be found on line at:
http: //portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits.
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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA
D"w t a E.0 --t.1 uwnq 910.796.7215
DocuSign Envelope ID: 77E0488A-183A-4F25-8EED-EOD820637B8C
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. If total
fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h).
This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as 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 approval letter and General 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}.
2. Any final construction plans for this project must include or reference the
application and plans approved by the Division under this authorization letter and
certification. The applicant will also be required to evaluate all acquired permits to assure
that they are consistent and all relative impacts are accounted for and shown on the
construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H.0506 (4)] The applicant
shall require his contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this
Certification.
3. A pre -construction meeting must be held with the Division prior to the start of the project
phases so that the contractors and/or agents fully understand the conditions associated with this
certification. [15A NCAC 02H .0507 (c) and 15A NCAC 02H.0502 (e)]
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 213.0220. Appropriate sediment and erosion control practices
must be used to meet this standard. Turbidity curtains shall be used as appropriate.
Please notify this Office if any turbidity issues arise at 910.796.7215
S. 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)]
DocuSign Envelope ID: 77E0488A-183A-4F25-8EED-EOD820637B8C
6. Appropriate measures should be installed prior to any land clearing activities to
protect waters and wetlands from turbidity and/ or sedimentation. These measures
should be routinely inspected and properly maintained, and excavated materials should be
contained outside the wetland boundary. Excessive silt and sediment loads can have
numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H.0506
(b) (3) and (c) (3)]
7. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification.
8. The permittee shall require its contractors and/or agents to comply with the terms
of this permit in the construction and maintenance of this project, and shall provide each of
its contractors and/or agents associated with the construction or maintenance of this
project a copy of this certification. A copy of this certification including all conditions shall
be available at the project site during the construction and maintenance of this project.
[15A NCAC 02H.0507 (c) and 15A NCAC 02H.0506 (b)(2) and (c)(2)]
9. Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all 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 the Division determines that such standards or
laws are not being met, including 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, than the Division may reevaluate and modify this General Water Quality
Certification. [15A NCAC 02H .0507(d)]
10. All mechanized equipment operated near surface waters or wetlands will be
regularly inspected and maintained to prevent contamination of waters and wetlands from
fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional
Office at 910.796.7215 and after hours and on weekends call (800) 858-0368.
Management of such spills shall comply with provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC
0213 .0200 (3)(0, and GS 143 Article 21A].
11. Fueling, lubrication and general equipment maintenance should not take place
within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A
NCAC 02H.0506 (b)(3) and (c)(3) and 15A NCAC 0213.0200 (3)(0].
DocuSign Envelope ID: 77EO488A-183A-4F25-8EED-EOD820637B8C
12. 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).
13. 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 and/or authorized
agent is required to return a completed certificate of completion form to the NCDEQ DWR
401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699 within ten days of project completion. The certification of completion is
available at:
http: //portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
Violations of any condition herein set forth may result in revocation of this
Certification and may result in criminal and/or civil penalties. The authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the 404
or CAMA Permit.
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). 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.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. 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 8:00 am and 5:00 pm, 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.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
DocuSign Envelope ID: 77E0488A-183A-4F25-8EED-EOD820637B8C
Bill Lane, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of
the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR
Wilmington Regional Office at 910.796.7215 or Robb.MairsOncdenr.gov.
Sincerely,
DocuSigned by:
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E3ABA14AC7DC434...
Morella Sanchez King, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4132 and GC 4175
Brad Shaver - USACE Wilmington Regulatory Field Office -Electronic Copy
Jessi Baker - NEPA Program Manager- Camp Lejeune- Electronic Copy
DWR 401 & Buffer Permitting Branch file -LF
Daniel Govoni- NCDCM Morehead City Office -Electronic Copy
Avolis Engineering, P.A.- Electronic Copy
WiRO