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HomeMy WebLinkAbout19970153 Ver 1_COMPLETE FILE_19970220To Date Time 9 Z? AM ? PM WHILE YOU WERE ® T M -re I le f? K . ?/i Sort of ) 7g6" `t7?6` Phone Vv-A Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL !/IaJi ?dy J???S?oiit Message rv ?PG'F i h Gfj? a n f rrp ? 'ef dKS-e Operator AMPAD REORDER EFFICIENCY' #23-006 IMPORTANT To Date Time WHILE YOU WERE OUT M of Phone AREA CODE NUMBER EXTENSION Message Signed TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources 4? State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director AIT4 ?EHNR May 23, 1997 Johnston County DWQ Project # 970153 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Royal H. Dixon, Jr. AirportManager Johnston County Airport 3149 Swift Creek Road Smithfield, NC 27577 Dear Mr. Dixon: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in an additional 0.06 acres of wetlands or waters for the purpose of constructing an access road at Johnston County Airport, as you described in your application dated 13 February 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This certification allows you to use Nationwide Permit Number 18 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specked in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 211 .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. As Mr. Dorney of my staff discussed with Mr. Carroll Triplett, several issues need to be addressed regarding wetland mitigation for this project: 1. monitoring will be required for at least one additional year; 2. success criteria in the annual reports shall be determined as trees/acre in addition to % survival; 3. soil data (hue, color and chroma) are needed as described in our Certification (#2746) issued June 23, 1992; 4. Was the river birch reported in the annual reports planted or self-seeding; 5. DWQ shall be noted of any additional site visits with the U.S. Army Corps of Engineers to inspect the mitigation site; and 6. an additional 0.36 acres of wetland will be debited from the existing on-site creation effort (total of 18.36) acres of wetlands required by DWQ to be created). If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper Page 2 DWQ Project #970153 May 23, 1997 which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dorney Central Files Len Jernigan; Needham & Jernigan Carroll Triplett; W.K. Dickson Sincerely, eston Howard, Jr, P.E./? 970153.1tr e 1 Q ,? 1 1 FI, M7- wajI,4-* ell 0, 0'( '3 to -- a? d? QQVA S ? c/ ?' 1 S +,cssess r •. State of North Carolina IT Department of Environment, TkX?FA Health and Natural Resources 4 • • Division of Water Quality James Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 14, 1997 Johnston County DWQ Project # 970153 Dr. Norman B. Grantham, Jr., Chairman Johnston County Airport Authority 3149 Swift Creek Road Smithfield, NC 27577 Dear Dr. Grantham: On May 3, 1991, the Johnston County Airport Authority applied for a 401 Water Quality Certification to impact 10.8 acres of wetlands. In our earlier approval, the Authority was required to create 18.0 acres of wetlands to compensate for the initial impacts. On June 23, 1992, the Division of Water Quality (DWQ) issued Certification No. 2746. We have reviewed the monitoring reports dated January 1995, October 1995 and October 1996. We are unable to determine whether 18.0 acres of wetlands were created from the reports. Total mitigation requirements for this project and previous authorizations now total 18:18 acres of created wetlands. Please provide written correspondence by April 29, 1997, that 18.18 acres of created wetlands have been established on your mitigation site. Since there have been problems with the mitigation, DWQ is now requiring 5 years of monitoring reports sent to DWQ as also required by the COE. On February 20, 1997 we received a request to modify our existing Certification. Until we receive additional information, we are requesting (by copy of this letter, that the U.S. Army Corps of Engineers place your project on administrative hold and not take action on the proposed modification. We will also place this project on hold and our processing time will not start until this additional information is received. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, Howard, Jr. P.E. - Attachment cc: =Engineers Engineers Raleigh Field Office Mar<;Tsohn;Dorimey Central Files 970153.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 500% recycled/10% post consumer paper Johnston County Airport: 314 S Swift r-reek Road Smithfield, NC 27977 (819) 934-0992 - n , April 21, 1997 Mr. A. Preston Howard, Jr. P.E. Division of Water Quality NC Department of Environment, Health and Natural Resources 4401 Reedy Creels Road Raleigh, North Carolina 27607 Re: Johnson County Airport Smithfield, North Carolina MALSR Project NCDOA No. 9.9431980 Action ID 199505368 Dear Mr. Howard: APR 2 4199/1 W.K. DICKSON-CA, We acknowledge receipt of your letter dated April 14, 1997 regarding the status of wetland mitigation efforts at the airport. These projects are funded with grants from the North Carolina Department of Transportation, Division of Aviation (NCDOA). Two unrelated projects at the airport have been constructed in wetland areas. The first project required the mitigation of approximately 10 acres, This work was performed under COE Action 11) 199200932. This effort was completed in 1994 and approximately 22.28 acres were created. Monitoring efforts of the site have been continuous and annual reports produced. The most recent report was dated October 1996. On January 15, 1997 we met with members of the NCDOA. COE and our engineer and sought to demonstrate to the COE that the site had met the requirements of the permit. The NCDOA desires to close out this project but this cannot be accomplished until the work is accepted by the COE. The COE was steadfast in their position the site be successful for three (3) consecutive years and stated they would not be in a position to accept the work until this condition had been satisfied. post-It'brand fax transmittal memo 7671 ?t o1 011945 11 40 9 TO* d 800' ON 6S:6 Z6' ST fipW 2KV-98z-208' QN 131 ' ONI' OO '8 NOSAJIQ ?I' m Mr, A. Preston Howard, Jr. P.E. 4121197 Page 2 The COE did agree to review the results of the 1997 monitoring effort at about the same time next year and If the site is performing above expectations would entertain a regrJest at that time to accept the work. The COE will require at least one (1) more year of monitoring. The second project involved the construction of an airport approach lighting system. The work was performed under COE Action 10.199505368 and DEM # 55893. A request for modification of this permit was submitted to your office in February 1997. The COE has approved this request for modification and the COE's approval, Action ID 199700398 is enclosed for your information. If separate approval of this modification is required by your agency please notify me. We are prepared to close out this project but will not if your agency is not in agreement with the COE's decision. If you have any questions, please contact me. Very truly yours, JOHNSTON COUNTY AIRPORT F 7 H. Dixon, Jr. Airport Manager enclosures cc: Mr. John Caldwell, NCI)OA Ms. Jean Benton-Manuele, Corps of Prigineers Mr. Carroll R. Triplett, W K Dickson & Co., Inc. b r Z0' d 800' ON i S:6 ?-6`SZ fipW 2KV-98Z-208" oN 131 ' DNI' 00 '8 NOSADIQ ?. m 95035.30O ell) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Ifs. 199700398 County .iohnst n GENERAL PERMIT ('REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Agent_lohnston Co..unty Airpor Address Attn: Mr. Norman 13. Uranrnarn. it I matrman. 3 t49 SWifl Creek Road Smithfield North Carolina 27577 Telephone No. (919) 934-0992 Size and Location of project (waterway, road name/number, town, etc.) 100.14- acres located on the cast side of 8wi,4 C'me.1 _Road.G i• 101) and otilbe south side of U.S. Highwgy 70- 8usiness, ap rox3tntltely 2.5 miles west of Srnith veld, North Carolina The property is located 1kdl4cglat tie, and below the headwaters of Swift Creek = - -.---__.--- __. Description of Activity j cbanized landclearing and filling of O.O6 acre of bottom land_htardwgod rQreS#_ 91AQ permanent placCneht if a. access. road,. prctYiQualX permitte in September 1995 as a tempo g e g toad, 'this road will serve as a means to acce h i&W4g attuet? t if maintenance and ace lll_04S4.0t' nn ssibla aircraft disaster to remove victims and/or contain _X-Sectlon 404 (Clean Water Act, 33 INC 1344) only. -Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10- ... _ _18 ._----Nationwide Permit Number. Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General/Nationwide permit verification does not relieve the undersigned permittee arthe responsibility to obtain any other required Federal. State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. By signature below, the permittee certifies an understanding and acceptance of all terms and conditions of this permit. Regulatory Project Manager Signature; Date 19 Mar 1997 Expiration Date 19 Mar 1999 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. S?0'd 800'aN ZS:6 Z6`SS 6PH !29ZV-98Z-£08'0N -131 'ONI'00 18 NOSADIQ 'N'M State of North Carc J Ala Department of environment. Health and Natural Resources plvislon of Water Quality Jvrnes E. Hunt, Jr., Governor Jonathm 13. HowAS, secretary A. Preston Howard, Jr„ P.E., Director Dr. Norman 0. Grantham, Jr., Chaitnlan Johnston County Airport Authority 3149 Swift C*eek Road Smithfield, NC 27577 Dear Dr. aranthann ID EHNF4 April 14, 1997 Johnston County DWQ Pealed 0 970153 on May 3, 1991, the Johnston County Airport Authority applied for a 401 Water Quality Certification to impact to.$ acres of wetlands. in our earlier approval, the Authority was regtllred to create 19.0 acres of wetlands to compensate for the initial lntpacts. On June 23, 1992, the Division of Water Quality (DWQ) issued Certification No. 2746. We have reviewed The monitoring reports slated January 1995, October 1995 and October 1996. We are tttfabte' to determine whether ISO acres of wetlands were created fr4tn the reports. Total mitigation requirements for thlt project and previous outhoritadom now total 18.18 acres of create! wetlands. Please provkle written con"poltdenco by April 29. 1997. That 18.18 acres of created wetlands have been established rat your mitigation site. Sined there have been problems with the mitigation, DWQ is now requiring 5 years of monitoring reports sent to bWQ as ale4 required by the 0013. On February 20,1947 we received a request to modify our existing Certification. Until we receive additiwtnl infornminn, we are requesting (by copy of this letter. that the U.S. Array Corps of Engineers place your project on administrative hold and not take action out the proposed modification. We will also place this project on hold and our processing time will not start until thla additional inktmation is tecelved. If you have any questions, please telephone John Domey at 919-733-1786, Sincerc+ly, Attachm" t tot Cups Of Enginrera Raleigh Field Office Mr. John Uorz,oy 910153.1tr Central Miles Division of Water Quality • Environmental SctenaAS Brunch Er+vironmontai Sclances drench, 4401 Reedy Creek nd., Raleigh, N027607 Telephone 919.7331786 FA!733.9959 An Eqal OppoituntyAMrmstiveA on Empoyef - 50% recyo10110% post consumer paper b0'd 800'oN ZS:6 Z61ST 6pW i9Zb-98Z-S?08'ON X31 '9NI'09 18 NOSNDIQ 'N*M State of North Carolina Department of Environment, ALT.K;WA Health and Natural Resources e Division of Water Quality A"I James B. Hunt, Governor p E H N F1 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 21, 1997 Johnston County DWQ Project # 970153 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Dr. Norman B. Grantham, Jr., Chairman Johnston County Airport Authority 3149 Swift Creek Road Smithfield, NC 27577 Dear Dr. Grantham: You have our approval, in accordance with the attached conditions and those listed below, to change the previously approved temporary fill to a permanent impact in 0.06 acres of wetlands or waters for the purpose of airport expansion at Smithfield, N.C., as you described in your application dated 13 February 1997. After reviewing your pppl' we have decided that this fill is covered by General Water Quality Certification Number 3106. This &ication allows you to use Nationwide Permit Number 18 when it is issued bLane7wapplication. Corps of Engineers. This approval is only valid for the purpose and design that you described in lication except as modified below. If you change your project, you must notify us and you may be required to send uwean is for puaject n tern // 2H.0506 (h1J6)-and-(7)-For this approval to be valid, you must follow the conditions listed in the attached ification arfd any additional conditions listed below. On May 3, 1991, the Johnston County Airport Authority applied for a 401 Water Quality Certification to impact 10.8 acres of wetlands. The Authority proposed to create 18.0 acres of wetlands to compensate for these impacts. On June 23, 1992, the Division of Water Quality (DWQ) issued Certification No. 2746. We have reviewed the monitoring reports. We are unable to determine whether 18.0 acres of wetlands were created from the reports. Total mitigation requirements for this project and previous authorizations now total 18.18 acres of created wetlands. Please provide written correspondence by April 20, 1997, that 18.18 acres of created wetlands are available from your mitigation site. Water Quality Certification #2746 dated 23 June 1992 is hereby modified to require 5 years of monitoring reports sent to DWQ as also required by the COE. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, A. Preston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Domey Central Files 970153.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled) post consumer paper Johnston County Airport 314S* Swift Creek Road Smithfield, NC 27577 (S 19) 934-0952 February 13, 1997 Mr. John Dorney 41 5 3 Water Quality Planning Division of Environmental Management NC Department of Environment, Health and Natural Resources PO Box 29535 Raleigh, North Carolina 27626-0535 Re: Johnson County Airport Smithfield, North Carolina MALSR Project NCDOA No. 9.9431950 Action ID 199505368 Dear Mr. Dorney: The Johnston County Airport Authority is making application to the Corps of Engineers to modify an existing permit, Action ID NO. 199505368. The modification regards a contractor's temporary haul road used to construct this project. Conditions have changed from the time the initial permit application and we need to retain the haul road. We understand a new permit application is needed. Enclosed for your consideration is the nationwide application form and we request coverage under section 18 of the application for this project. If you have any questions, please contact me. Very truly yours, Roy H. Dixon, Jr. enclosures ?N c cc: Mr. John Caldwell, NCDOA Z °a Ms. Jean Benton-Manuele, Corps of Engineers Mr. Carroll R. Triplett JO STON COUNTY AIRPORT RoAirport Manager z c, Johnston county Airport 07 ID A b .? 31 4 S, Swift Creek Road Smithfield, NC 27577 (S 1 S) S 34-OSS2 February 13, 1997 Ms. Jean Benton-Manuele Wetland Biologist US Army Corps of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615-6814 Re: Johnson County Airport Smithfield, North Carolina MALSR Project NCDOA No. 9.9431950 Action ID 199505368 Dear Ms. Benton-Manuele: During a meeting with Mr.' Ken Jolley on January 15, 1997 we discussed our recent request regarding the contractor's temporary haul road used to construct this project. Conditions have changed from the time of our initial permit application and we need to retain the haul road. We understand a new permit application is needed. Enclosed for your consideration is the nationwide application form and we request coverage under section 18 of the application for this project. If you have any questions, please contact me. Very truly yours, JOHNSTON COUNTY AIRPORT oyOH. Dixon, Jr. Airport Manager enclosures cc: Mr. John Caldwell, NCDOA Mr. John Dorney, NCDEM Mr. Wyatt Brown, NCDEM Mr. Carroll R. Triplett P, .% Johnston county Airport 31 4 S' Swift Creek Road Smithfieid. NC 27577 (S 1 S) =34-OSS2 January 2, 1997 Ms. Jean Benton-Manuele Wetland Biologist US Army Corps of Engineers 6512 Falls of the Neuse Road Raleigh, North Carolina 27615-6846 Re: Johnson County Airport Smithfield; North Carolina MALSR Project NCDOA No. 9.9431950 Action ID 199505368 Dear Ms. Benton-Manuele: Y4? T?C?C/FNCFs We have almost completed the installation of an approach lighting system at our airport. Progress on the work was hampered by the heavy rainfall during the summer. Hurricane Fran caused extensive flooding at the airport and the contractor's work area was especially hard hit. The permit to construct this light system issued by your office requires that the contractor's haul road be removed when the work is complete. This lighting system will require routine monthly inspections and maintenance and our responsibilities here at the airport will be greatly reduced if were allowed to retain this haul road. The contractor has stabilized the road with aggregate and the slopes have been grassed. Other additional measures to control erosion were installed during its construction. The site has been well maintained throughout the project. I have enclosed photographs of the area that were made in November. As you can see, the site has been minimally impacted and is well maintained. We respectfully request the special condition of the permit that requires the removal of the road be waived and the road be allowed to remain in place. A meeting in your office has been tentatively scheduled for January 15, 1997 and we would like to meet with you at that time to discuss this matter further. .e 14% Ms. Jean Benton-Manuele 1/2/97 Page 2 If you have any questions prior to this meeting, please contact me. Very truly yours, JOHNSTON COUNTY AIRPORT ?i `?'o'? Rdyal H. DExon, Jr Airport Manager enclosures cc: Mr. John Caldwell, NCDOA Mr. John Dorney, NCDEM Mr. Carroll R. Triplett JOHNSTON COUNTY AIRPORT SMITHFIELD, NORTH CAROLINA MEDIUM INTENSITY APPROACH LIGHT SYSTEM (MALSR) NORTH CAROLINA DEPARTMENT OF TRANSPORTATION GRANT NO. 9.9431950 US ARMY CORPS OF ENGINEERS ACTION ID NO. 199505368 WKD NO. 95035.30 PHOTO DATE: NOVEMBER 25, 1996 k , k; h PAGE 1 OF 2 NEW APPROACH LIGHT LANE LOOKING NORTH JOHNSTON COUNTY AIRPORT SMITHFIELD, NORTH CAROLINA MEDIUM INTENSITY APPROACH LIGHT SYSTEM (MALSR) NORTH CAROLINA DEPARTMENT OF TRANSPORTATION GRANT NO. 9.9431950 US ARMY CORPS OF ENGINEERS ACTION ID NO. 199505368 WKD NO. 95035.30 PHOTO DATE: NOVEMBER 25, 1996 NEW APPROACH LIGHT LANE LOOKING SOUTHWEST .rv?A_ ? at.;. ..? : ? 1 ?,A .+.w:.rx,a;.?. ' i•? ?ti3. °?, • °'. - .... ?..r,:-,? -!- .?. ?. a?e_? ;.ir.._;._..X,y-=?....+ rat =; NEW APPROACH LIGHT LANE LOOKING N PAGE 2OF2 F " f 97 0153 DtM ID: ACTION ID: 113:9505368 Nationwide Permit Requested (Provide Nationwide Permit ft 18 JOINT FORM FOR ??SSO Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 A= CESAW CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Boy. 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PREV E 1. Owners Name: Johnston Country Airport Authority 2. Owners Address: 3149 Swift; Creek Road, Smithfield, NC 27577 3. Owners Phone Number (Home): N/A (Work): (919)934-0992 4. If Applicable: Agent's name or responsible corporate official, address, phone number. Dr. Norman B. Grantham, Jr., Chairman Johnst-on rnnnt-y Ai r; nrt- Anhhnri t-y 3149 Swift Creek Road, Smithfield, NC 27577 Location of work (MUST ATTACH MAP). County: John s t; on Nearest Town or City: Smithfield, NC Specific Location (Include road numbers, landmarks, etc.): 2.5 miles west of Smithfield, NC West; of U.S. Route 70 ott S.R. 1501. 6. Name of Closest Stream/River. 7. River Basin: Swift Creek Neuse 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X] 9. Have any Section 404 permits been previously requested for use on this property? YES k] NO [ ] Ifyes,explain. 4t•iaat•ed wetlands associated with runway extension nrojorh- 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project sits: 0.46 acres 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: .06 acres (permanent access road)(18) Drained: .00 acres Flooded: nn a rac (exi c1 rig f1ond pjaig Excavated: .00 acres Total Impacted: .06 acres 12. Description of proposed work (Attach PLANS-8 1/2" X 11 "drawings only): Perm is s i o rr requested to maintain and not remove a temporary construction access road from prior permit.- See Attachment A for justification of need. 13. Purpose of proposed work: See Attachment A. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. FAA Order 6850.2A goverris the design of standard approach light; systems. Design requires the placement of towers at the locations' 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ] NO [X] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to'contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO:ryJ RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. Delineation performed by Dr. Leon Jernigan (919)894-7882. D. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? Agricultural & R e s i d e n t i a l F. If applicable, what is proposed method of sewage disposal? N/A Owner's Signature Date Dr. Norman B. Grantham, Jr., Chairman Additional Notes: 1. U.S.F.W.S. was contacted regarding the existing permit. 2. SHPO was contacted previously and an archeological irrvestigatio of the site did mot reveal the presence of any significant; archeological or historical findings. 3. Wetland delineation map does include known wetland areas within the specific project site. The areas have been delineated in the field and their locations approximately noted. This specific area has riot; been field surveyed and platted. NOTIFICATION FORM INFORMATION SHEET Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification i. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE- ?UIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.) -ertain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows: NWP 5 (only for discharges of 10 to 25 cubic yards) NWP 7 NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot) NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special aquatic sites) NWP 17 NW? 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include a delineation of the affected special aquatic site, including wetlands) .NWP 21 (must include a delineation of affected special aquatic sites, including wetlands) NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites, including wetlands) NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources) NWP 37 NWP 38 (must include a delineation of affected special aquatic sites, including wetlands) or activities that may be authorized by the above listed nationwide permits that require notification, the .pplicant shall not begin work a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by the District Engineer, or b. If notified that an individual permit may be required, or c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer and no notice has been received from the District Engineer, and required state approvals have been obtained. Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if the activity will affect the coastal area Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written :oncurrence is received from the District Engineer. The time periods described above do not apply. Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the aotification form, do not apply. B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION. Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification. They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40. Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4, NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36, and N%P 37. The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10 cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-thud acre fill of waters or wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications. C. NOTIFICATION/APPLICAT: 4 PROCEDURES. The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of Environmental Management as specified above. The permittee should make sure that all necessary information is provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper. Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may be affected by the proposed project. U.S. FISH AND WILDLIFE SERVICE RALEIGH FIELD OFFICE P.O. Box 33726 Raleigh, NC 27636-3726 Telephone (919) 856-4520 NATIONAL MARINE FISHERIES SERVICE HABITAT CONSERVATION DIVISION Pivers Island Beaufort, NC 28516 Telephone (919) 728-5090 Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic Preservation Office regarding the presence of historic properties that may be affected by the proposed project. STATE HISTORIC PRESERVATION OFFICE N.C. DIVISION OF ARCHIVES AND HISTORY 109 East Jones Street Raleigh, NC 27601 Telephone (919) 733-4763 Information obtained from these agencies should be forwarded to the Corps. t NATIONWIDE PERMIT 1 18: MINOR DISC3ARGES. AUTHORIZES DISCHARGES OF DREDGE OR FILL MATERIAL INTO ALL WATERS OF THE U.S. UP TO 25 CUBIC YARDS THAT WILL NOT CAUSE THE LOSS OF MORE THAN 1/10 ACRE OF A SPECIAL AQUATIC SITE, INCLUDING WETLANDS. SECTIONS 10 AND 404. STATUS IN NORTH CAROLINA: ISSUED. NATIONWIDE CONDITIONS: STANDARD GENERAL CONDITIONS AND THE FOLLOWING SPECIFIC CONDITIONS: 1. THE DISCHARG-Z, INCLUDING ALL ATTENDANT FEATURES, BOTH TEMPORARY AND PERMANENT, IS PART OF A SINGLE AND COMPLETE PROJECT AND IS NOT PLACED FOR THE PURPOSE OF STREAM DIVERSION. 2. ACREAGE LIMITATION INCL'U'DES THE FILLED AREA PLUS SPECIAL AQUATIC SITES THAT ARE ADVERSELY AFFECTED BY FLOODING AND SPECIAL AQUATIC SITES THAT ARE DRAINED SO THAT THEY WOULD NO LONGER BE A WATER OF THE U. S. AS A RESULT OF THE PROJECT. 3. FOR DISCHARGES EXCEEDING 10 CUBIC YARDS OR THE DISCHARGE IS IN A SPECIAL AQUATIC SITE, INCLUDING WETLANDS, A 30-DAY NOTIFICATION TO THE DISTRICT ENGINEER IS REQUIRED. FOR DISCHARGES IN SPECIAL AQUATIC SITES, INCLUDING WETLANDS, THE NOTIFICATION MUST INCLUDE A DELINEATION OF AFFECTED SPECIAL AQUATIC SITES, INCLUDING WETLANDS. REGIONAL CONDITIONS: NONE. 401 CERTIFICATION DETERMINATION: GENERAL CERTIFICATION ISSUED, BUT CONDITIONED AS FOLLOWS: 1. WRITTEN CONCURRENCE IS REQUIRED FROM THE NCOEM FOR PROPOSED DISCHARGES OF GREATER THAN 10 CUBIC YARDS OF FILL MATERIAL OR IN ANY AMOUNT IF LOCATED IN SPECIAL AQUATIC SITES INCLUDING WETLANDS CR IF LOCATED IN PRIMARY NURSERY AREAS (PNA) AND OUTSTANDING RESOURCE WATERS (ORW). 2. IF WRITTEN CONCURRENCE IS NOT ISSUED BY THE NCDEM WITHIN 45•DAYS FROM RECEIPT OF A COMPLETE APPLICATION BY THE DIVISION'S 401 CERTIFICATION OFFICE IN RALEIGH, THEN 401 CERTIFICATION IS DEEMED TO BE ISSUED AS LONG AS THE APPLICANT FOLLOWS ALL OTHER CONDITIONS OF THIS GENERAL CERTIFICATICN UNLESS ADDITIONAL INFORMATION IS REQUESTED IN WRITING BY THE DIRECTOR OR HIS DESIGNEE. 3. ESTABLISHED SEDlYiENT AND EROSION CONTROL PRACTICES ARE UTILIZED TO PREVENT VIOLATIONS OF THE APPROPRIATE TURBIDITY WATER QUALITY STANDARD (50 NTUS IN STREAMS AND RIVERS NOT DESIGNATED AS TROUT BY NCOEM; 25 NTUS IN ALL SALTWATER CLASSES AND ALL LAKES AND RESERVOIRS; AND 10 NTUS IN TROUT WATERS). 4. MEASURES SHALL BE TAXEN TO PREVENT LIVE OR FRESH CONCRETE FROM COMING' INTO CONTACT WITH WATERS OF THE STATE UNTIL THE CONCRETE HAS HARDENED. 5. ADDITIONAL SITE-SPECIFIC CONDITIONS MAY BE ADDED TO PROPOSED PROJECTS TO ENSURE COMPLIANCE WITH ALL APPLICABLE WATER QUALITY AND EFFLUENT STANDARDS. 6. CONCURRENCE FROM NCDEM THAT THIS CERTIFICATION APPLIES TO AN INDIVIDUAL PROJECT SHALL EXPIRE THREE YEARS FROM THE DATE OF THE COVER LETTER FROM NCDEM. CONSISTENCY DETERMINATION: CONSISTENT IN COASTAL AREA SUBJECT TO THE FOLLOWING CONDITIONS: 1. IF THE PROPOSED ACTIVITY IS WITHIN-THE NORTH CAROLINA COASTAL AREA, THE APPLICANT MUST RECEIVE WRITTEN CONCURRENCE FROM THE NCDCM THAT THE ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. 2. SHOULD ALL OR PART OF THE DEVELOPMENT ACTIVITY BE LOCATED WITHIN AN AREA OF ENVIRONMENTAL CONCERN (AEC) AS DESIGNATED BY THE NORTH CAROLINA COASTAL RESOURCES COMMISSION, A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT IS REQUIRED FROM THE NCDCM UNLESS THE APPLICANT IS A FEDERAL AGENCY. IF THE APPLICANT IS A FEDERAL AGENCY AND ALL OR PART OF THE DEVELOPMENT ACTIVITY IS LOCATED WITHIN AN AEC, A CONSISTENCY DETERMINATION PURSUANT TO 15 CFR 930 MUST BE PROVIDED TO THE NCOCM AT LEAST 90 DAYS BEFORE THE ONSET OF THE PROPOSED ACTIVITY. r NATIONWIDE PERMIT # 33: TEMPORARY CONSTRUCTION, ACCESS, AND DEWATERING. AUTHORIZE TEMPOR?LRY STRUCTURES AND DISCHARGE, INCLUDING COFFERDAMS, NECESSARY FOR CONSTRUCTION ACTIVITIES OR ACCESS FILLS OR DEWATERING OF CONSTRUCTION SITES PROVIDED THE ASSCCIATED PERMANENT ACTIVITY WAS PREVIOUSLY AUTHORIZED BY THE CORPS OF ENGINEERS OR THE U.S. COAST GUARD, OR FOR BRIDGE CONSTRUCTION ACTIVITIES NOT SUBJECT TO FEDERAL REGULATION. DOES NOT AUTHORIZE TEMPORARY STRUCTURES OR FILL ASSOCIATED WITH MINING ACTIVITIES OR THE CONSTRUCTION OF MARINA BASINS WHICH HAVE NOT BEEN AUTHORIZED BY THE CORPS. SECTIONS 10 AND 404. STATUS IN NORTH CAROLINA: 'ISSUED. NATIONWIDE CONDITIONS: STANDARD GENERAL CONDITIONS AND THE FOLLOWING SPECIFIC CONDITIONS: 1. APPROPRIATE. MEASURES MUST BE AiC,N TO MAINTAIN NEAR NORMAL DOWNSTREAM FLOWS AND TO-MINIMIZE FLCC07NG. 2. FILL MUST BE OF MATERIALS AND PLACED IN A MANNER THAT WILL NOT BE ERODED BY EXPECTED HIGH FLOWS. 3. TEMPORARY FILL MUST BE ENTIRELY REMOVED TO UPLAND AREAS FOLLOWING COMPLETION OF THE CONSTRUCTION ACTIVITY AND THE AFFECTED AREAS RESTORED TO THE PRE-PRCJECT CONDITIONS. 4. COFFERDAMS C.NNCT BE USED TO DEWATER WETLANDS OR OTHER AQUATIC AREAS SO AS TO CHANGE THEIR USE. 5. STRUCTURES LEFT IN PLACE AFTER COFFERDAMS ARE REMCVED REQUIRE•A SECTION 10 PERMIT IF LOCATED IN NAVIGABLE RATERS OF THE U.S. 6. A 30-DAY NOT=FICAT:CN TO THE DISTRICT ENGINEER IS REQUIRED. THE NOTIFICATION MUST INCLUDE A RESTCR?,TION PLAN OF REASONABLE MEASURES TO AVOID AND MINIMIZE IMPACTS TO AQUATIC RESOURCES. 7. THE DISTRICT ENGINEER WILL ADD SPECIAL CONDITICNS, WHERE NECESSARY, TO ENSURE THAT ADVERSE ENVIRCNMENTAL IMPACTS ARE MINIMAL. SUCH CONDITIONS MAY INCLUDE LIMITING THE TEMPCRARY WORK TO THE MINIMUM NECESSARY, REQUIRING SEASONAL RESTRICTIONS, MODIFYING THE RESTORATION PLANE AND REQUIRING ALTERNAT.VE CONSTRUCTION METHODS (E.G., CONSTRUCTION MATS IN WETLANDS WHERE PRACTICABLE). REGIONAL CONDITIONS: 1. THE REQUIRED RESTORATION PLAN MUST DESIGNATE A TIME TABLE, FOR RESTORATION ACTIVITIES. 2. ALL FILL MATERIAL MUST BE REMOVED IMMEDIATELY UPON THE COMPLETION OF ITS INTENDED USE AND THE AREA RESTORED TO ITS NATURAL VEGETATION. 401 CERTIFICATION DETERMINATION: GENERAL CERTIFICATION ISSUED, BUT CONDITIONED AS FOLLOWS: 1. WRITTEN CONCURRENCE IS REQUIRED FROM THE NCDEM. 2. ESTABLISF---D SEDIMENT AND EROSION CONTROL PRACTICES ARE UTILIZED TO PREVENT VIOLATIONS OF THE APPROPRIATE TURBIDITY WATER QUALITY STANDARD (50 NTUS IN STREAMS AND RIVERS NOT DESIGNATED AS TROUT BY NCDEM; 25 NTUS IN ALL SALTWATER CLASSES AND ALL LAKES AND RESERVOIRS; AND 10 NTUS IN TROUT WATERS). 3.' ADDITIONAL SITE-SPECIFIC CONDITIONS MAY BE ADDED TO PROPOSED PROJECTS TO ENSURE COMPLIANCE WITH ALL APPLICABLE WATER QUALITY AND EFFLUENT STANDARDS. 4. CONCURRENCE FROM NCDEM THAT THIS CERTIFICATION APPLIES TO AN INDIVIDUAL PRCJECT SHALL EXPIRE THREE YEARS FROM THE DATE OF THE COVER LETTER FROM NCDEM. r Attachment A Corps of Engineers Permit, Action ID: 199505368 Johnston County Airport Smithfield, North Carolina The Johnston County Airport Authority was granted permission to construct an approach lighting system under this permit classification on September 7, 1995. The project required the construction of an access road through a wetland area. Approximately 0.06 acres were filled for the access road. A condition of the approved permit required removal of the access road upon completion of the project. Circumstances unforeseen when the original application was submitted now requires the Airport Authority to request the access road be allowed to remain in place and not be removed. The access road should not be removed for the following reasons: 1. The approach lights will require routine maintenance. This was already known but the severity of the terrain was not known before the road was constructed. Routine maintenance will involve replacement of lamps in the light fixtures and ordinary maintenance of the electrical wiring. When major repairs are needed, access to the site by a bucket truck and crane will be required. This will not be possible without the road. 2. Statistically, the area within the immediate approach to an airport is most prone to experience aircraft disaster. The road will permit ready access of emergency vehicles to this area in the event of a crash. Victims can be more readily aided and spills by contaminants can be more easily controlled. 3. The contractor had to stabilize the road with crushed stone and all the area leading up to the road and surrounding the road has been seeded and stabilized. Removal of the road may cause more of a problem with erosion than if the road is not removed. 4. 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