19970093 Ver 1_Approval Letter_19980407 (2)

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State of North Ca.Olina
pepartment of Environment
and Natural Resources
Division of Water Quality
Janies B:fHunt, jr., Govemor
Wayne McDevitt,' Secretary
A. Preston Howard, Jr;, P.E., Director
Mr. Bill Powell
Global TransPark Authority
PO Box 27406
Raleigh NC 27611-7406
Dear Mr. Powell:
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NC04DENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAMRAL RESOURCES
April 7, 1998
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Global:TransPark development
WQC Project # 970093; COE #199202851
Lenoir County
Attached hereto is a copy of Certification No. 3184 issued to Global TransPark
Authority dated April 7, 1998. ` .
If we can be of further assistance, do' not hesitate to contact us.
Attachments!
Since
A. Preston Howard J? P.S.
970093.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Mr. John Parker, Division of Coastal Management
Central Files
Forrest Westall, DWQ Asheville Regional Office
Mary Ann Harrison, Neuse River Foundation .

Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX w 733-9959
An Equal Opportunity Affirmative Acton Employer • 50% recycled110% post consumer paper
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! 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 Global Transpark Authority resulting in 871 acres of wetland and stream impact in
Lenoir County pursuant to an application dated July 10, 1997 along with the
corresponding Environmental Impact Statement to develop the Global TransPark which
will be a complex of transportation, manufacturing and commercial facilities within the
Cargo Airport and Permit Area_
The application provides adequate assurance that the discharge of fill material into
the waters of Stonyton Creek and other tributaries of the Neuse River 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 and conditions
hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice. If you change your project, you must
notify us and send us a new application for a new certification. If the properri 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. For this approval to be valid, you must
follow the conditions listed below. In addition, you must 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.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining
Manual" (available from the Division of Land Resources in the DEHNR Regional or
Central Offices) shall be utilized to prevent exceedances of the appropriate turbidity
water quality standard (50 NTUs in all fresh water streams and rivers not designated
as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10
NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;

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4. Should the Global TransPark Authority locate waste or borrow sites in wetlands,
compensatory mitigation is required since it is a direct impact from road construction
activities.
5. The GTP Authority must prepare a written, annual report to DWQ to be sent no
later than 1 February of each year or by such other date as required by the U.S. Army
Corps of Engineers. This report shall describe all efforts during that year of the
Authority or any of its designees within the GTP Permit Area with respect to a)
avoidance and minimization efforts for wetland or stream impact, b) the amount of
wetlands and streams filled and c) mitigation efforts undertaken and their success.
Three copies of this report shall be provided to DWQ for evaluation of compliance
with the conditions of this certification. This reporting requirement shall end only
upon written agreement from DWQ that all permitted impacts to wetlands and
surface waters have taken place and all mitigation success criteria have been
achieved. Any remedial actions required by DWQ to achieve compliance with the
mitigation success criteria shall be adequately addressed in a separate report from the
Authority sent within three months of DWQ's request:
6. The Authority shall develop a water quality monitoring plan and submit seven
copies of it to DWQ for written approval. The plan shall be submitted no later than
six months of the date of issuance of the 404 Permit. This plan shall address
physical, chemical and biological monitoring of streams within'the GTP Permit Area
and the Dover Bay mitigation area and include baseline (predisturbance) monitoring:
7. The Neuse River Nutrient Sensitive Waters Management Strategy Rules (notably
the riparian area rule [15A NCAC 2B. 0233] and the stormwater rules j15A NCAC
2B .02353 must'be complied with within the GTP Permit Area. An accounting of
this compliance shall be provided to DWQ in the GTP Authority's annual report (see
condition 1). The GTP Authority is encouraged to impose more stringent provisions;
however, buffer and stormwater management provisions no less stringent that those
described in the Neuse River Nutrient Sensitive Waters Management Strategy Rules
must be adhered to in the GTP Permit Area.
8. All stormwater management facilities and ponds shall be sited in locations that
are consistent with the Neuse River Nutrient Sensitive Waters Management Strategy
Rules and other DWQ policies concerning in-stream stormwater management
facilities and ponds.
9. Airport runways, taxiways and required safety directional equipment are hereby
defined as "airport facilities" in to context of the Neuse River Nutrient Sensitive
Waters Management Strategy Rules. These facilities may therefore be located within
stream buffer zones. All other airport-related facilities and all associated
development must be located at least 50 feet from the top of bank of all intermittent
and permanent streams in the GTP Permit Area except for road crossings, railroad
crossings, bridges and utility crossings.
10. This Certification does not remove the responsibility of the GTP Authority or
17. A failure to implement a comprehensive and effective stormwater management
program in accordance with the NPDES permit issued for this project shall result in
the revocation of this certification.
Violations of any condition herein set forth shall 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
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,
P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 71° day of April 1998
DIVISION OF WATER QUALITY
A. Preston Howard, Jr. E.
WQC # 3184

City of Kinston from meeting any nutrient loading requirements of the NPDES,
stormwater management or any other regulatory program.
11. The GTP Authority shall make payment to the N.C. Wetlands Restoration
Program in accordance with the fee schedule found at 15A NCAC 2R.0402 for the
difference of acres of riparian wetland impact versus acres of riparian wetland
restoration or creation implemented by the GTP Authority. The GTP.Authority shall
make payment to the NCWRP for all riparian wetland impacts which are not
mitigated by the GTP Authority. Payment will be made to the NCWRP once the
final impacts have been determined and funds have been appropriated to the GTP
Authority by the NC General Assembly. Payment must be received by the NCWRP
prior to riparian wetland impacts for the difference of acres between riparian wetland
impact versus acres of riparian wetland restoration or creation. Failure of the
General Assembly to appropriate these mitigation funds will not absolve the GTP
Authority of this mitigation requirement.
12. Failure by the GTP Authority to secure or comply with a comprehensive and
effective stormwater management program for the NPDES stormwater permit shall
result in revocation of this Certification. Efforts to comply with this stormwater
permit shall be described in the annual report sent to DWQ (See condition 1).
13. If GTP Authority mitigation lands or properties necessary to achieve compliance
with this certification are transferred to another entity,. successful implementation of
the mitigation plan to address water quality issues associated with compliance with
this certification shall remain the responsibility of the GTP Authority. In the event of
such a transfer, the GTP Authority will retain easements.necessary.to comply with
the conditions of this Certification and to ensure that DWQ has access to the
mitigation sites.
14. The "Draft Detailed Mitigation Plan -NC Global TransPark° dated January
1997 shall be followed. Any changes to this plan shall require written DWQ
approval. The GTP Authority shall submit a statement that funding for the
implementation of the mitigation plan, including payment to the NCWRP, has been
included in the request for appropriations from the NC General Assembly.
15. The DWQ will not issue any additional 401 Water Quality Certifications to the
GTP Authority or any other entity for impacts to wetlands or surface waters within
the GTP Development Zone unless the GTP Authority is in full compliance with all
conditions of this certification.
16. Nutrient loadings from the completed project shall not exceed pre-project levels
as confirmed by the results of the approved water quality monitoring program
specified in condition 6 of this certification. Remedial actions will be taken by the
GTP Authority to reduce nutrient loadings from the project that exceed pre-project
levels prior to the implementation of additional phases of this project.