20001195 Ver 12_Approval Letter_20100914

9
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 14, 2010
Mr. Jerry Orr
Charlotte-Douglas International Airport
P.O. Box 19066
Charlotte, NC 28219
Re: Charlotte-Douglas International Airport, Mecklenburg County
DWQ #20001195, Ver. 12; USACE Action ID. No. 2006-32531
Ut to Coffey Creek [030834, 11-137-4, C]
APPROVAL of 401 Water Quality Certification with Additional Conditions - MODIFICATION
Dear Mr. Orr:
Attached hereto is a copy of Certification No. 3581 issued to Jerry Orr of Charlotte-Douglas International
Airport, dated September 14, 2010. This Certification replaces the Certification issued on May 13,
2010. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam
Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/ijm
Attachments: Certificate of Completion
Since ely,
Coleen H. Sullins
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
USACE Asheville Regulatory Field Office
Alan Johnson, DWQ, Mooresville Regional Office
DLR, Mooresville Regional Office
File Copy
HDR Engineering, Inc., Eric Mularski, 440 S Church St., Charlotte NC 28202
Filename: 001195V erl2CharlotteDougl asInternationalAi rport(MecWenburg)401_IC_MOD
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:/Iportal.ncdenr.org/web/wq/ws
An Equal opportunity 1 Affirmative Action Employer
Charlotte-Douglas International Airport
Page 2 of 6
September 14, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Jerry Orr of Charlotte-Douglas International Airport to
fill 1.148 acres of 404/jurisdictional wetlands, 21,818 linear feet of stream (149 linear feet of perennial
stream impact associated with this modification request), and 7.522 acres of open waters (ponds), in the
Catawba River Basin, associated with a modification to the proposed impacts along West Boulevard, in
Charlotte, Mecklenburg County, North Carolina, pursuant to an undated and unsigned
application/modification filed on the 6 h day of July of 2010 and received by the DWQ on July 6, 2010, and
by Public Notice issued by the USACE on July 1, 2010, and received by the DWQ on July 6, 2010, and by
additional information received on August 11, 2010.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is for the purpose and design submitted in the application materials and as described in the
Public Notice. If the project is changed, prior to notification a new application for a new Certification is
required. If the property is sold, the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions of this Certification. Any new owner
must notify the Division and request the Certification be issued in their name. Should wetland or stream
fill be requested in the future, additional compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in
stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and
a new application for 401 Certification may be required. Compliance with the conditions listed below is
required.
Conditions of Certification
Impacts Approved
1. The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification are met. No other impacts are approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404 Wetlands 1.148 (acres) A lication and Narrative
Stream 21,818 (linear feet) [149 Application and Narrative
linear feet perennial stream
impact associated with this
modification request]
Open Waters (ponds) 7.522 (acres) Application and Narrative
Sediment and Erosion Control
2. 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:
Charlotte-Douglas International Airport
Page 3 of 6
September 14, 2010
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.
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.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream 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 Land Resources or
locally delegated program has released the project;
5. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
http:11h2o.enr.state.nc.us/su/Forms Documents.htm.
Continuing Compliance
Mr. Jerry Orr and Charlotte-Douglas International Airport, 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 law and federal law. 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 to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Jerry Orr and/or Charlotte-Douglas International Airport
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503
Charlotte-Douglas International Airport
Page 4 of 6
September 14, 2010
and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or
revised conditions shall be provided to Mr. Jerry Orr and/or Charlotte-Douglas International Airport
in writing, shall be provided to the United States 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.
7. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot-org/doh/operations/BMP _ manuaUdownload/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
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. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the
Certiftcate of Completion form.
Charlotte-Douglas International Airport
Page 5 of 6
September 14, 2010
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwettands/documents/wet buf compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
9. Mitigation:
Compensatory Mitigation Using the City of Charlotte Restoration Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the City of Charlotte Restoration Bank to meet
the stream restoration requirement. This method has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. Until the City of Charlotte Restoration Bank
has received your payment, no impacts specified in this Authorization Certificate shall occur.
The EEP should be contacted at (919) 716-19215 if you have any questions concerning payment
into a restoration fund. You have 60 days from the date of this approval to make this payment.
Type of Impact Compensatory Mitigation Re wired River and Sub-basin Number
Stream (perennial) 149 (linear feet) I Catawba/03050103
*Previously compensated mitigation includes 0.25 acres 404/wetland and 548 linear feet of stream (401
WQC dated May 13, 2010)
10. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
11. 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 is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
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 or CAMA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Charlotte-Douglas International Airport
Page 6 of 6
September 14, 2010
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This the 14`h day of September 2010
DIV ION OF W T LITY
Coleen H. Sullins
CHS/ijm
3581