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Home My WebLink About20001195 Ver 14_Approval Letter_20120420FA RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Govemor Director April 20 2012 Mr Jerry Orr Charlotte Douglas International Airport P O Box 19066 Charlotte NC 28219 Dee Freeman Secretary Re Charlotte Douglas International Airport, Mecklenburg County DWQ #20001195 Ver 14 USACE Action ID No 2008 03090 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 April 20 2012 This Certification replaces the Certification issued on September 14, 2010 In addition you should get any other federal state or local permits before you go ahead with your protect 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 CW /iJm Attachments Certificate of Completion 7 Sincer lil A d, Charles Wakild cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303 USACE Asheville Regulatory Field Office Alan Johnson DWQ Mooresville Regional Office DLR, Mooresville Regional Office File Copy Clement Riddle Clearwater Environmental Inc 224 South grove Street Suite F Hendersonville NC 28792 Filename 001195Verl4CharlotteDouglasl ntcrnationalArrport (Mecklenburg)40l_IC_MOD 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 ncdenr org /web /wqlws An Equal Opportunity 1 Affirmative Action Employer Charlotte Douglas International Airport Page 2 of 6 Apn120 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 i inited States and subleet to the North Carolina Division of W.iter Quiliiv (DWQ) Regulations in 15 NCAC 2H Section 0500 to Mr Jerry Orr of Charlotte Douglas International Airport to 61766 linear feet of stream in the Catawba River Basin associated with a modification to the previously issued DA Permit to impact a stream channel associated with the reconfiguration of airport entrance and parking expansion area on Little Rock Road and Josh Birmingham Parkway in Charlotte Mecklenburg County North Carolina pursuant to an application/modification filed on the 2 °d day of March of 2012 and received by the DWQ on March 6 2012 and by Public Notice issued by the USACE on March 14 2012 and received by the DWQ on iviaich 14 2012 and by addii njal inforniation received on Auril 19 2012 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 wasting 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 Stream 766 (linear feet) 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 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 Charlotte Douglas International Airport Page 3 of 6 April 20 2012 shall be maintained on all construction sites borrow sites and waste pile (spoil) protects including contractor owned or leased borrow pits associated with the protect c For borrow pit sites the erosion and sediment control measures must be designed installed operatvd aiiQ inattita ncu it dvvordanve WIL11 the most re%,er very ai, Of L116 Port i CarOana 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 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 NCGO10000 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 protect 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 monitonng record keeping and reporting requirements are required A copy of this permit and monitoring report forms may be found at &W 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 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 Charlotte Douglas International Airport Page 4 of 6 April 20 2012 7 Culvert Installation All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures f*om the most carren N ersion of NCDOT Cor,.traction and Maintenarce Oct v t es man ial (http //www ncdot org/doh/operationsBMP manuaUdownloadBMP 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 lotigibidinal profile) must be maintained above and below locationq 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 removea 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 Certificate of Completion form 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 /ncwetlands /documents /wet buf compl pdf The text of the sample deed notification may be modified as appropriate to suit to this project Charlotte Douglas International Airport Page 5 of 6 Apr 120 2012 9 Miti ation 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 Citv 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 tbi-. approval to make this payment Type of Impact Compensatory Mitigation Re uired River and Sub basin Number Stream (perennial) 766 (Imear feet) I Catawba/03050103 10 Stormwater Management Plan Implementation Procedures • 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 Wetlands Buffers Stormwater Compliance and Permitting (WeBSCaPe) 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 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 Charlotte Dougtac International Airport Page 6 of 6 April 20 2012- Raleigh NC 27699 6714 Telephone (919) 431 3000 Facsimile (919) 431 3100 cop) of be pe uop 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 petitio*i is filed this Certification shalt be final and binding This the 20`4 day of April : 7z NO W LITY 2 Charles Wakild CW /ym 3581