19970093 Ver 3_Approval Letter_20100813

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Bever Eaves Perdue Coleen H. Sullins
Governor; Director
August 13, 2010
Darlene Waddell
h Carolina Global TransPark Authority
Jetport Road, Suite A
ton, NC 28504
Dee Freeman
Secretary
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and
Neuse Buffer Rules with ADDITIONAL CONDITIONS for the railroad spur extension from existing NCRR
main line to the Spirit Aerosystems building location within the North Carolina Global TransPark in Lenoir
County, TIP U-2928.
NCDWQ Project No. 19970093 v.3
Ms. Waddell:
red hereto is a modification of Certification No. 3184 issued to The Global TransPark Authority initially issued
7, 1998 and subsequent modification issued November 12, 2009.
can be of further assistance, do not hesitate to contact us.
Sincerely,
oleen H. Sullins
;or Director
Attachments
cc: Tracey Wheeler, US Army Corps of Engineers, Washington Field Office
Ron Ferrell, PBS&J-EcoScience, Raleigh
Neil Lassiter, PE, Division 2 Engineer
Jay B. Johnson, Division 2 Environmental Officer
Robert Belvin, NC Division of Land Quality, Washington Regional Office
Marc Hamel, NCDOT Rail Division
Garcy Ward, NCDWQ Washington Regional Office
File Copy
Transportation permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet http://h2o.enr.state.ne.us/nme0andsi
Equal opportunity i Affirmative Action Employer
NorthCarofina
Naturally
?'.
iModification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and
Neuse Buffer Rules with ADDITIONAL CONDITIONS
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 (NCDWQ) Regulations in 15 NCAC 2H
.0500 and 15A NCAC 213 .0233 . This certification authorized the NCDOT to impact an additional 0.12 acres (4,960
square feet) of jurisdictional wetlands (for a project total of 6.93acres). The project shall be constructed pursuant to the
modification dated received August 12, 2010. This authorization does not allow any additional impacts to streams or
Neuse riparian buffers. The authorized impacts are as described below:
I Wetland Impacts in the Neuse River Basin

Site

Fill (ac) Fill

(temporary)
ac
Excavation
(ac)
Mechanized
Clearing (ac)
Hand Clearing
(ac)
Total Wetland
Impact (ac) Impacts
requiring

Mitigation
INII'IALPERMI TED,"ACTS
1 0.01 0 0 0.01 0 0.02 0.02
2 0.01 0 0 0.01 0 0.02 0.02
3 0.01 0.02 0 0 0 0.03 0.01
4 0.01 0 0 0.01 0 0.02 0.02
5 0.01 0 0 0.01 0 0.02 0.02
6 0.03 0 0.01 0.01 0 0.05 0.05
7A 0.46 0 0 0.22 0 0.68 0.68
7B 0 0 0.12 0.04 0 0.16 0.16
8 0.92 0 0 0.38 0 1.3 1.3
9 0.24 0 0 0.1 0 0.34 0.34
10 0.07 0 0 0.04 0 0.11 0.11
11 0.3 0.12 0 0 0,14 2 0.56 0.44
12 1.1 0 0.31 0.69 0 2.1 2.1
13 0.08 0 0 0.01 0 0.09 0.09
14A 0 0 0.01 0.01 0 0.02 0.02
14B 0 0 0.03 0.02. 0 0.05 0.05
15 0.34 0 0.54 0.26 0 1.14 1.14
16t 0 0 0 0 0 0 0
17 0 0 0.04 0.02 0 0.06 0.06
18 0.01 0 0 0.01 0 0.02 0.02
19 0 0 0.01 0.01 0 0.02 0.02
TOTAL: 3.60 0.14 1.07 1.86 0.14 6.81 6.67

'"ACTS-,PERMIT
.?. .-. ;..-r:.;• .. ,;:.'.?, NEW-
TED
313 0.01 550 ft2 0.00 0.00 0.00 0.00 0.01 550 ft2 0.01 550 ft2
7B 0.00 0.00 0.00 0.00 <0.01 150 ft2 <0.01 150 ft2 0.00
7C <0.01 10 ft 2) 0.00 0.00 0.00 0.09 4,000 ft2 0.09 4,010 ft2) <0.01 10 ft2
12 0.00 0.00 0.06 0.00 0.00 0.00 0.00
14C <0.01 250 ft2 0.00 0.00 0.00 0.00 <0.01 250 ft2 <0.01 250 ft2
TOTAL: 0.02 810 ft2 0.00 0.00 0.00 0.10 4,150 ft2 0.12 4,960 ft2 0.02(810 ft2
St `4
TOTAL: 3.62 0.14 1.07 1.96 0.24 6.93 6.69
Total Wetland Impact for Project: 6.93acres (an increase of 0.12 acres)
Subsequent to receiving the pennit application, Site 16 was re-verified by the USACE and determined not to
be a wetland. Therefore, although the impacts are shown and discussed in the permit application, no
wetland impacts occurred and no mitigation will be required for this site.
'Although area under bridge will be hand cleared, GTP requested DWQ to consider this a permanent impact per USAGE.
c

The application provides adequate "assurance that the discharge of fill material into the waters of the Neuse River Basin in
conjunction with the proposed development 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
rind conditions hereinafter set forth.
i
i
'['his approval is only valid for the purpose and design that you submitted in your modified application dated received
,,August 12, 2010. All the authorized activities and conditions of certification associated with the original Water Quality
Certification dated April 7, 1998 and subsequent modification issued November 12, 2009 still apply except where
uperceded by this certification. Should your project change, you are required to notify NCDWQ and submit a new
;application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is
thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory
mitigation as described in 15A NCAC. For this approval to remain valid, you are required to comply with all the
?=ditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with
your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water
Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding
Corps,of Engineers Permit.
ndition(s) of Certification;
1. All other conditions written into previous Water Quality Certifications dated April 7, 1998 and November 12,
2009 for this project still apply.
2. This modification is applicable only to the additional proposed activities.
3. The initial 401 Water Quality Certification (WQC) application for this project is dated July 10, 1997 and was
approved April 7, 1998. During the permitting negotiations in 1998 it was decided that the GTP would offer all
mitigation for the potential loss of 871 wetland acres without a provision for functional basis as part of the
credit/debit process. The initial 401 WQC has remained active and an extension was granted on October 13,
2008. Therefore, in keeping with the April 7, 1998 and the October 13, 2008 401 WQC, no mitigation ratios are
proposed as part of this certification. Instead, credits (at a 1:1 ratio) will be deducted from the remaining credits
available to the Global TransPark in the Stonyton Creek, Dover Bay, and Frog Hollow Mitigations Sites as
outlined below:
Compensatory mitigation for impacts to 0.02 acres riverine wetlands is required. We understand that you have
chosen to debit credits from the Stonyton Creels Conservation area. According to the NCDWQ's records, this
site has gone through the final NCDWQ approval process to determine the amount of credits that will ultimately
be available. Nonetheless, based on information provided to the NCDWQ, it appears at this time that there will
f be sufficient credits once final approval is given to meet the required mitigation for impacts approved with this
f WQC. However, should there be insufficient credits upon final approval of the sites the GTP will be required to
obtain the necessary credits by other means.
Remaining anticipated wetland credits available to the Global TransPark after considering all previous requests
for impacts/mitigation, including impacts associated with this modification, is shown below:
'r
Wetland Impact Summatyl
Activity Riverine Non-Riverine Total
Credits Allowed in April 7, 1998 W QC 106.40 764.50 870.90
Runway Extension/Access Taxiway 10/21/1998) 22.70 -- 22.70
Crescent Road R-2719BA (lo/2I/199s -- 5.91 5.91
ALSF (lo/2i/t998) 12.40 12.40
Hardstand(7non999) -- 8.60 8.60
Caz o Building (5/I/20oi) 0.42 0.42
Utility Line Construction 9/18/2001) 2.17 2.17
Ston ton Creek Restoration Site' (8/21/2002 -- 0.00
Runway clearin / rubbin (9/4/2002) 13.50 13.50
John Mewbome Road Relocation (5/15/2003 3.00 3.00
Glideslo a Grading and ALSF Road 10/15/2003) -- 53.00 53.00
Access Taxiway 7/30/2004 0.24 0.24
Institute Road' (2/28/2005 -- 0.00
Spirit Aeros stems Roads 9/16/2008 & 3/12/2009) 0.04 -- 0.04
Airport Secrui Fence no date provided) -- 1.40 1.40
John Mewbome Road Culvert no date provided) 0.003. -- 0.003
Caro Apron/Access Road no date provided) 0.23 -- 0.23
Rail Spur (U-2928) Impacts (11/12/2009) 0.89 5 5.78 5'b 6.67
Total of Previous) Permitted Impacts 24.10 106.18 130.28
TOTAL IMPACTS FOR THIS W QC MODIFICAT 0.02 0.00 0.02
Total Impacts (through this WQC) 24.12 106.18 130.30
REMAINING CREDITS 82.28 658.32 740.60
'the table has been updated based on venncatlon of information and mtormanon provided to U WO on August
2010. As such, this table differs from that presented in the November 12, 2009 WQC.
`Dates shown are the date of application
Impacts to 1.1 acres of wetlands were mitigated through creation of the SCRS, resulting in no net impacts
° Institute Road, although permitted, was never built and no impacts occurred
s Impacts were adjusted based on error in initial calculation
s Initial Impact was 8.11 acres, but was reduced to 5.82 based on latest USACE wetland verification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory 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 13th day of August 2010
DIVISION OF WATER QUALITY
/t Coleen H. Sullins
Director
WQC No. 3184