HomeMy WebLinkAbout20110156 Ver 1_Approval Letter_20120201�A'
NCN
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Charles Wakild P E
Director
February 1 2012
Mr John Sprmgthorpe
Mount Airy — Surry County Airport Authority
PO Box 6607
Mount Airy NC 27030
Re Mount Airy Surry County Airport Runway Extension Surry County
Rutledge Creek (03 0703 12 72 10 C)
Stoney Creek (030703 12 72 12 C)
Division #2011 0156 USACE Action ID No SAW 2010 01397
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Sprmgthorpe
Dee Freeman
Secretary
Attached hereto is a copy of Certification No 3880 issued to Mr John Springthorpe and Mount Airy
Surry County Airport Authority dated February 1 2012 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
Sinc ly kkk
harles Wakild P E
Attachments Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc Becky Fox EPA 1307 Firefly Road Whittier NC 28789
U S Army Corps of Engineers Raleigh Regulatory Field Office Wilmington District USACOE
Ed Smail LPA Group (via email)
Sue Homewood Division Winston Salem Regional Office
DLR Winston Salem Regional Office
File Copy
Filename 110156MtArrySurryCountyAirportExtension (Surry)401_IC
Wetlands Buffers Stormwater Compliance and Permitting (Webscape) Unit
1650 Mad Service Center Raleigh North Carolina 27699 1650
Phone 919 807 63001 FAX 919 807 6494
Internet http //portal ncdenr org /weblwq/ws
An Equal Opportunity l Affirmative Action Employer
Mr John Sprmgthorpe and Mount Airy Surry County Airport Authority
Page 2 of 5
February 1 2012
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 (Division)
Regulations in 15 NCAC 2H Section 0500 to Mr John Sprmgthorpe and Mount Airy Surry County
Airport Authority have permission to fill impact or otherwise impact 0 70 acres of 404 /wetland and 3 638
linear feet of stream associated with the proposed runway expansion project at the site which is located
within the Yadkin River Basin The site is located north of NC Highway 52 off of Holly Springs Rd near
Mount Airy Surry County North Carolina pursuant to an application dated February 9 2011 and received
by the Division on February 15 2011 and by Public Notice by the U S Army Corps of Engineers issued on
the 2nd day of March of 2011 and additional information received by the DWQ on March 24 2011 April 6
2011 June 9 2011 September 8 2011 October 11 2011 October 17 2011 December 5 2011 and
December 21 2011
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 only valid 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 Division shall be notified in
writing and a new application for 401 Certification may be required For this approval to be valid
compliance with the conditions listed below is required
Conditions of Certification
1 Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met No other impacts are approved including
incidental impacts
Type of Impact
Amount Approved nits
Plan Location or Reference
Phase 1- 404/Ripanan
Wetlands
0 34 (acres) wetland
Application and Public Notice
Phase 1 Stream (perennial)
2 020 linear feet of stream
Application and Public Notice
Phase 2 Stream (perennial)
667 linear feet of stream
Application and Public Notice
Phase 3- 404/Ripanan
Wetlands
0 36 (acres) wetland
Application and Public Notice
Phase 3 Stream (perennial)
951 (linear feet) of stream
Application and Public Notice
Total
0 70 acres wetland
3 638 linear feet of stream
Mr John Sprmgthorpe and Mount Airy Surry County Airport Authority
Page 3 of 5
February 1 2012
2 Mitigation must be provided for the proposed impacts as specified in the tables below
Type of Impact
Compensatory Mitigation Required
River and Sub basin Number
Stream - Phase 1
3 709 linear feet)
vadkin/03040101
Stream — Phase 2 and Phase 3
1 618 (linear feet)
Yadkin/03040101
3 The Division acknowledges that you wish to provide the Cooks Creek Mitigation Site as mitigation
for the Phase 1 (Holly Spring Rd Relocation) requirement This has been determined to be a suitable
method to meet these mitigation requirements The Cooks Creek Mitigation Site transverses Surry
County Parcel IDs 4999 00 70 3387 4999 00 71 3368 4999 00 81 1130 and 4998 00 89 8977
4 The Cooks Creek Mitigation Site shall be constructed in accordance with the plan dated December
19 2011 As Builts for the restoration and enhancement segments shall be submitted to the North
Carolina Division of Water Quality 401 Wetlands Unit within 30 days of the completion of the
construction If the parameters of construction and/or success criteria as outlined in the December
19 2011 mitigation plan are not met then the Mount Airy Surry County Airport Authority shall
supply additional stream mitigation for the 3 709 linear feet of impacts All channel relocations will
be constructed in a dry work area and will be completed and stabilized prior to diverting water into
the new channel Documentation of permanent conservation mechanism for the Cooks Stream
Mitigation Site must be submitted to the Division prior to the initiation of any impacts approved by
this certification Upon completion of the Cooks Creek Stream Restoration Mitigation Plan the
restored stream channels shall be inspected and monitored in accordance with the Monitoring
Requirements set forth in Section 8 0 of the Cooks Creek Mitigation Site Compensatory Stream
Mitigation Plan dated December 19 2011
5 The Division acknowledges that you wish to make a payment to the Stream Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet Phase 2 and Phase 3
mitigation requirements for this project This has been determined by the Division to be a suitable
method to meet these mitigation requirements Until the EEP receives and clears your check (made
payable to DENR — Ecosystem Enhancement Program Office) no impacts within Phase 2 and Phase
3 specified in this Authorization Certificate shall occur The EEP should be contacted at (919) 733
5205 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 For accounting purposes, this Authorization
Certificate authorizes payment into the Stream Restoration Fund to meet the following
compensatory mitigation requirement
6 The outside buffer wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer
wetland or water prior to any land disturbing activities to ensure compliance with the limits approved
by this Certification
7 For Phase 2 and Phase 3 of this project final Construction Plans shall be submitted to the Division at
least 90 days prior to any impacts to jurisdictional waters The Permittee shall submit a permit
modification request if jurisdictional impacts increase beyond those approved in this certification as a
result of final design no impacts shall occur during the review of any permit modification requests
Type of Impact
Compensatory Mitigation Re uired
River and Sub basin Number
Stream — Phase 2 and Phase 3
1618 (linear feet)
I Yadkin/03040101
6 The outside buffer wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer
wetland or water prior to any land disturbing activities to ensure compliance with the limits approved
by this Certification
7 For Phase 2 and Phase 3 of this project final Construction Plans shall be submitted to the Division at
least 90 days prior to any impacts to jurisdictional waters The Permittee shall submit a permit
modification request if jurisdictional impacts increase beyond those approved in this certification as a
result of final design no impacts shall occur during the review of any permit modification requests
Mr John Sprmgthorpe and Mount Airy Surry County Airport Authority
Page 4 of 5
February 1 2012
8 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 and
if applicable comply with the specific conditions and requirements of the NPDES Construction
Stormwater Permit issued to the site
a 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
b 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
c Reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of
1971
d Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times
No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the
footprmt of the impacts depicted in the 404/401 Permit Application including incidental impacts 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 Approved plans and specifications for this project are
incorporated by reference and are enforceable parts of this permit
10 Sediment and erosion control measures shall not be placed in wetlands or waters Exceptions to this
condition require application submittal to and written approval by the Division of Water Quality If
placement of sediment and erosion control devices in wetlands and waters is unavoidable then 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 downstream
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 specific area within project
11 All work in or adjacent to stream waters 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 NC Sediment and Erosion Control Manual or the NC DOT Construction and Maintenance
Activities Manual such as sandbags rock berms cofferdams and other diversion structures shall be
used to minimize excavation in flowing water Exceptions to this condition require application
submittal to and written approval by the Division of Water Quality
12 Mr John Springthorpe and Mount Airy Surry County Airport Authority 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
Mr John Sprmgthorpe and Mount Airy Surry County Airport Authority
Page 5 of 5
February 1 2012
such standards and requirements in accordance with,15A NCAC 2H 0507(d) Before modifying the
Certification the Division shall notify Mr John Spnngthorpe and Mount Airy Surry County Airport
Authority and the US Army Corps of Engineers provide public notice in accordance with 15A
NCAC 2H 0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504
Any new or revised conditions shall be provided to Mr John Springthorpe and Mount Airy Surry
County Airport Authority in writing shall be provided to the United States Army Corps of Engineers
for reference in any Pennit issued pursuant to Section 404 of the Clean Water Act and shall also
become conditions of the 404 Permit for the project
13 For the Relocation of Holly Springs Road (Phase 1) portion of this project the stormwater
management plan approved by this office consists of six grassed swales and one dry detention basin
and all associated stormwater conveyances the grading and drainage patterns depicted on plan sheets
dated December 1 2011 No changes to the grassed swales or the dry detention basin shall occur
without written authorization from the Division of Water Quality The stormwater devices shall have
permanent maintenance accesses and at least a 10 foot drainage easement on each side to allow for
the ability to maintain the structures and to perform corrective actions The stormwater easements
shall be recorded to provide protection of the structures from potential alterations by future property
owners
14 A final written stormwater management plan for each future phase (including a BMP Supplement
Form for each proposed BMP and all required items at the scales specified in the Required Items
Checklist) shall be submitted to the DWQ Webscape Unit (1650 Mail Service Center Raleigh NC
27699 1650) for review and approval The stormwater management plan must be designed to treat
the runoff from the entire built upon area in each phase in accordance with the version of the 401
Stormwater Requirements on the place of the date of the submittal The stormwater management
plan must be approved by the DWQ before any land disturbance associated with that phase may
occur Before any future permanent building the coffesponding stormwater management plan as
approved by the DWQ must constructed and operational
15 All mechanized equipment operated near surface waters should be inspected and maintained often to
prevent contamination of stream waters from fuels lubricants hydraulic fluids or other toxic
materials Concrete is toxic to aquatic life and should not be allowed to come in contact with surface
waters until cured
16 Sediment and erosion control measures should be installed prior to any land clearing or construction
These measures should be routinely inspected and properly maintained 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
17 This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal State or Local approvals
18 Upon completion of all permitted impacts included within the approval and any subsequent
modifications the applicant shall be required to return the certificate of completion attached to the
approval One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650
Mail Service Center Raleigh NC 27699 1650
19 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
Mr John Springthorpe and Mount Airy Surry County Airport Authority
Page 6 of 5
February 1 2012
This Certification shall expire on the same day as the expiration date of the corresponding 404
Permit The conditions in effect on the date of issuance of Certification shall remain in effect for the
life of the protect, regardless of the expiration date of this Certification
If this Certification is unacceptable to you you have the right to an adjuaicatory hearing upon written
request within sixty (60) days following receipt of this Certification This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 If
modifications are made to an original Certification you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification Unless
such demands are made this Certification shall be final and binding
This the Is' day of February 2012
Div on OF WA ER LITY
Charles Wakild P E
3 880
CW/kah/ym
KUZMA
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild P E Dee Freeman
Governor Director Secretary
North Carolina Division of Water Qua] ty
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H 0500 Mr John Sprmgthorpe and Mount Airy Surry County Airport Authority
have permission to fill impact or otherwise impact 0 70 acres of 404 /wetland, and 3 638 linear feet of stream
associated with the proposed runway expansion project at the site which is located north of NC Highway 52 off of
Holly Springs Rd near Mount Airy Surry County North Carolina All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached Permit transmittal letter THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS
COMPENSATORY MITIGATION REQUIREMENTS ECOSYSTEM ENHANCEMENT PROGRAM
EEP Project Name Mt Airy — Surry County Airport
DWQ PROJECT # 20110156
LOCATION Mount Airy
COUNTY Surry
BASIN/ SUB BASIN Yadkm/03040101
As required by 15A NCAC 2H 0500 and the conditions of this Certification you are required to compensate for the
above mitigable impacts through the restoration creation enhancement or preservation of wetlands surface waters
and riparian buffers as outlined below pnor to conducting any activities that impact or degrade the waters of the
state
Note Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R 0503(b)
Impacts
Mitigation
1 618 Linear Feet of Stream
1 618 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R 0503 If you choose this option please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form PLEASE NOTE THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH N C 27699 1652
(919) 716 0476
Filename 110156MtAirySurryCountyAirportExtension (Surry)401_IC_EEP
Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center Raleigh North Carolina 27699 1650
Phone 919.807 63001 FAX 919 807 6494
Internet http //portal nodenr org /web /wqlws
An Equal Opportunity 1 Affirmative Action Employer