P1564 final signed MEF P 1564 NW 14.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT

WILMINGTON REGULATORY OFFICE

69 DARLINGTON AVENUE

WILMINGTON NORTH CAROLINA 28403

April 15, 2024

Regulatory Division

SAW-2021-01450

Sent Via email: jessi.baker@usmc.mil

Jessi Baker USMC-Camp Lejeune Environmental Management Division 1005 Michael Road Camp Lejeune, NC 28547

Dear Ms. Baker:

This letter is in response to the Pre-Construction Notification (PCN) you submitted to the Wilmington District, Wilmington Regulatory Field Office on December 15, 2023, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number SAW-2021-01450 and is known as P 1564 U Connector Road.

This file number should be referenced in all correspondence concerning this project.

A review of the information provided indicates that the proposed work would include the a new connector road resulting in 53’ of stream loss through the permanent pipe placement, 52’ of permanent stream impact through the placement of rip rap dissipater pads (not a stream loss if set at stream bed elevation), 14’ of temporary stream impact through dewatering during construction, and 0.004 of an acre of permanent wetland impact. The project area for this determination includes a 4.65 acre(s) area which is illustrated on the enclosed site plans/maps. The project/review area is located in drainage toward Beaverdam Creek, at Latitude 34.678860 and Longitude -77.334640; in Camp Lejeune, Onslow County, North Carolina.

We have determined that the proposed work is authorized by Nationwide 14 pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.C § 1344).

The proposed work must be accomplished in strict accordance with the general permit conditions, any regional conditions, the special conditions listed in this letter, the application materials, and the enclosed plans. The plans of record are entitled Fig 5.0 Overview, Fig 5.1 Impact site 1, and Fig 5.1 Impact Site 2 dated November 2023. If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised PCN must be submitted to this office for written approval before work is initiated. Any violation of permit conditions or deviation from your submitted plans may subject the permittee to enforcement action.

This verification is valid until March 14, 2026, unless prior to this date the subject NWP(s) is suspended, revoked, or is modified such that the activity no longer complies with the terms and conditions of this NWP. If you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP.

Project Specific Special Conditions:

1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility transfer form.

The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization.

2. Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered Species Act (ESA). The permittee understands and agrees that all work associated with the clearing and removal of trees and removal or modification of culverts must be completed prior to the effective date of the final listing in the Federal Register. Work associated with the aforementioned activities not completed by that time must cease and the permittee must contact the Corps’ Project Manager, Brad Shaver to determine if additional coordination with the United States Fish and Wildlife Service is required under Section 7 of the Endangered Species Act prior to continuing work.

3. As specified in in the Individual 401 Water Quality Certification (DWR# 20231717) as well as in Regional Condition 9 of Nationwide 14 attached, placement of culverts and other structures shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48”. The authorized structure is greater than 48” therefore the one-foot burial must be applied.

4. The permittee will ensure that the construction design plans for this project do not deviate from the authorized permit plans. Any deviation in the construction design plans will be brought to the attention of the Corps of Engineers, Wilmington Regulatory Field Office prior to any active construction in waters or wetlands.

5. The permittee shall require its contractors and/or agents to comply with the terms and conditions 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 with a copy of this permit, and any authorized modifications. A copy of this permit including the authorized plans and conditions, shall be available at the project site during construction and maintenance of this project.

6. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands, or shall any activities take place that cause the degradation of waters or wetlands. In addition, except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within, into, or out of waters or wetlands or to reduce the reach of waters or wetlands.

7. This permit does not authorize temporary placement or double handling of excavated or fill material or construction equipment within waters or wetlands outside the permitted area.

This NWP verification does not preclude the necessity to obtain any other Federal, State, or local permits, licenses, and/or certifications, which may be required.

If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Brad Shaver, Project Manager of the Wilmington Regulatory Field Office at 910-251-4611, by mail at the above address, or by email at brad.e.shaver@usace.army.mil. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.mil/customer-service-survey/.

Sincerely, Brad Shaver Project Manager

Enclosures

Cc (w/enclosures) Mackenzie Richards, Kimley-Horn (via Mackenzie.richards@kimley-horn.com) Jason Hartshorn, Kimley-Horn (via jason.hartshorn@kimley-horn.com)

Brad Shaver

Digitally signed by Brad Shaver Date: 2024.04.18 13:57:25 -04'00'

Figure 5.0: Permit Impact Drawings - Overview Map P1564 Connector Road: Wallace Creek to Holcomb Boulevard

Jacksonville, Onslow County, NC November 2023

Legend

Permanent Stream Impacts

Temporary Stream Impacts

Permanent Wetland Impacts

Jurisdictional Streams (SAW-2021-01450)

Jurisdictional Wetlands (SAW-2021-01450)

P1564U Project Area

0 300150 Feet

Holc om b B lv d

Impact Site 1: Stream S2 Perpendicular Road Crossing/Culvert Installation Permanent Stream Impacts = 105 LF (0.025 ac.)

Temporary Stream Impacts = 14 LF (0.003 ac.)

Impact Site 2: Wetland W3 Grading for Drainage

Permanent Wetland Impacts = 0.004 ac.

S2

W3

Figure 5.1: Permit Impact Drawings - Impact Site 1 Map

Jacksonville, Onslow County, NC November 2023

Legend

Permanent Stream Impacts

Temporary Stream Impacts

Jurisdictional Streams (SAW-2021-01450)

P1564U Project Area

0 5025 Feet

Impact Site 1: Stream S2 Perpendicular Road Crossing/Culvert Installation Permanent Stream Impacts = 105 LF (0.025 ac.)

Temporary Stream Impacts = 14 LF (0.003 ac.)

Impact Site 2: Wetland W3 Grading for Drainage

Permanent Wetland Impacts = 0.004 ac.

S2

Figure 5.1: Permit Impact Drawings - Impact Site 2 Map

Jacksonville, Onslow County, NC November 2023

Legend

Permanent Wetland Impacts

Jurisdictional Wetlands (SAW-2021-01450)

P1564U Project Area

0 5025 Feet

Holc om b B lv d

Impact Site 2: Wetland W3 Grading for Drainage

Permanent Wetland Impacts = 0.004 ac.

W3

Compliance Certification Form

File Number: SAW-2021-01450 County: Onslow

Permittee: USMC-Camp Lejeune, Jessi Baker

Project Name: P 1564 U Connector Road

Date Verification Issued: 4/15/2024

Project Manager: Brad Shaver

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS

Wilmington District Attn: Brad Shaver

Wilmington Regulatory Field Office 69 Darlington Ave

Wilmington, NC 28403 or brad.e.shaver@usace.army.mil

Please note that your permitted activity is subject to a compliance inspection by a U. S.

Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work, and mitigation (if applicable), authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit including any general or specific conditions.

Date Authorized Work Started: ___________ Completed: ___________

Describe any deviations from permit (attach drawing(s) depicting the deviations):

*Note: The description of any deviations on this form does not constitute approval by the Corps.

Signature of Permittee Date

US Army Corps of Engineers – Wilmington District Compensatory Mitigation Responsibility Transfer Form

Permittee: Jessi Baker Action ID: SAW 2021 01450 Project Name: P 1564 U Connector Road County: Onslow

Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee’s responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors.

Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.

Permitted Impacts and Compensatory Mitigation Requirements

Permitted Impacts Requiring Mitigation*: 8 digit HUC and Basin: 03020302 Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non Riverine Non Riparian Coastal *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.

Compensatory Mitigation Requirements: 8 digit HUC and Basin: 03020302 Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non Riverine Non Riparian Coastal

Mitigation Site Debited: WLS Turtle Creek Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).

Section to be completed by the Mitigation Sponsor

Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at themitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACEWilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements.

Mitigation Sponsor Name:

Name of Sponsor’s Authorized Representative:

Signature of Sponsor’s Authorized Representative Date of Signature

USACE Wilmington District – MRTF Page 2

Conditions for Transfer of Compensatory Mitigation Credit:

Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the

Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions.

Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by theNorth Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.

Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee’s responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form.

If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case by case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this formmust be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument.

Comments/Additional Conditions:

This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.army.mil).

Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.

USACE Project Manager: Brad Shaver USACE Field Office: Wilmington Regulatory Field Office

US Army Corps of Engineers 69 Darlington Ave Wilmington

Email: brad.e.shaver@usace.army.mil

April 18, 2024 Wilmington District Project Manager Signature Date of Signature

Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil.

Brad Shaver Digitally signed by Brad Shaver Date: 2024.04.18 13:58:28 -04'00'