20000628 Ver 1_COMPLETE FILE_20000515

Memo
TO: Alan Klimek
FROM: John Dorney
RE: Summary of RDU - Park and Ride Lot Number 3
Wake County
DWQ 00-0628
DATE: July 28, 2005
Your voicemail to Cyndi Karoly asked for a summary of the 401/Buffer review for
the RDU - Park and Ride Lot Number 3. Below is a short summary and chronology for
this project. If you have additional questions, please call me at 733-9646.
1. Chronology
Application received
Meeting to discuss stormwater-related issues
Letter from RDU regarding stormwater issues
Meeting to discuss stormwater-related issues
Letter from DWQ regarding stormwater-related issued
Letter from RDU withdrawing application
2. Summary of the File
May 15, 2000
June 13, 2000
June 16, 2000
July 28, 2000
August 1, 2000
August 9, 2000
RDU applied to impact 143 linear feet of stream and its associated buffer for an
expanded Park and Ride Lot # 3 on May 15, 2000. The project proposed a second
entrance road to the parking lot and an expanded parking lot (about one-half larger).
The entrance road would impact the stream while the expanded parking lot was on an
upland site. RDU applied for a Nationwide Permit 14 from the US Army Corps of
Engineers that was issued pending issuance of the 401 Certification.
The only issue with respect to the project was stormwater management. DWQ
staff stated that the 401 Certification and Neuse River buffer rules required stormwater
management for the new impervious surface. RDU attorneys (Charles Case and Craig
Bromby) contended in their June 16 letter that the parking lot expansion was a separate
project from the access road. They also contended that DWQ had no right to condition a
401 Certification to include stormwater management which included BMPs designed to
meet 85% TSS removal standard. Finally, they contended that the Neuse buffer rules
did not allow DWQ to issue a conditional approval of the access road. DWQ staff
contended that the access road and parking lot expansion were the same project, that
DWQ does have the responsibility to condition 401 Certifications and Neuse River buffer
approvals for stormwater management and that DWQ staff have used the 85% TSS
criterion as a design standard for many years throughout DWQ.
The meeting on July 28 was held to discuss RDU and DWQ's positions. At that
meeting were John Dorney and Bob Zarzecki from DWQ and Miriam Gillikson
(environmental permitting officer for RDU), Charles Case and Craig Bromby from RDU.
At the meeting, RDU staff agreed to provide calculations for stormwater management
using level spreaders with stream buffers with stormwater management basins for the
parking lot. There was also considerable discussion about the points of contention that
RDU had stated earlier. The DWQ letter of August 1, 2000 stated the regulatory citation
for considering the access road and expanded parking as part of the same project and
the regulatory citation for stormwater management. The letter also stated that the
proposed ponds and protected buffers would likely achieve the 85% TSS removal design
standard and requested the calculations. The final letter from RDU which withdrew the
project based on "time constraints and administrative issues to relocate employee
parking to an alternative location...". The letter also states that RDU believes that DWQ
did not "provide a sufficient answer to the legitimate inquiries made by the Authority to
clarify the legal limits of DWQ's authority on this matter."
I have copies of the application, meeting notes and correspondence if it would be
helpful.
Cc: Cyndi Karoly
Tom Reeder
Debbie Edwards
2
0811.8/2005 E38:13 9197:399612 PAGE 01
GENERAL MAJOR VARIANCE
From the Neuse, Tar-Pamlico, Randleman and Catawba Riparian Buffer.
Protection Rules for expansions of and improvements to AIRPORT
FACILITIES that meet the conditions stated below.
Version 5.2, dated April 3, 2002
This General Major Variance ("GMV") from the Riparian Buffer Protection, Rules
in the Neuse (15A NCAC 2B .0233), Tar-Pamlico ( 5A NCAC 2B .0259), Randleman
(15A NCAC 2B .0250), and Catawba (15A NCAC .0243) River Basins (collectively,
the "Buffer Rules"), is hereby issued by the Water Committee (WQC) of the
N.C. Environmental Management Commission (EM ) for impacts to protected riparian
buffers as long as the conditions prescribed below are met.
Conditions:
This GMV applies to any project (a "Covered Airport Project') at or involving an
Airport Facility, as defined below. An applicant (the "Applicant") for a variance
for a Covered Airport Project under this GMV must submit to the Division of
Water Quality (DWQ) three copies of the DWQ General Major Variance
Application Form (the "GMV Form") that describes how the GMV will be met.
The GMV Form will require that the Applicant submit the following information
from the relevant. Buffer Rules: 15A NCAC 2B .0233(9)(a)(i)-(iii), 15A NCAC
2B .0259(9)(a)(i)-(iii), 15A NCAC 2B .0249(2-) and 15A NCAC 2B
.0243(9)(a)(i)-(iii). As indicated the GMV Form, the Applicant need not submit
information on the practical alternatives provisions of those rules except as
required by an application for a 401 Water Quality Certification. A completed
version of the most recent version of the joint Corps of Engineers and Division of
Water Quality Preconstruction Application Form can be submitted in satisfaction
of the requirement for a GMV Forrn-
2. Where a Coveted Airport Project is subject to the requirements of the "No
Practical Alternatives" test under the Water Supply rules (15A NCAC 2B .0214-
.0216) ("Water Supply )rules") or the 401 Water Quality Certification rules (15A
NCAC 211.0500) ("401 Rules"), or both of them, then the evaluation of whether
there are practicable alternatives to impacts to wetlands, streams and buffers for
such shall be performed under the "No Practicable Alternatives" provisions of
those rules that apply. The determination as to the "No Practical Alternatives,"
when issued for either of these rules, shall constitute compliance with the "No
Practical Alternatives" test in the Buffer Rules [15A NCAC 2B .0233(8),
.0259(8),.0243(8) and.0250(2)(e) (the "No Practical Alternatives Provisions")].
For these purposes, this determination shall apply to the project as a whole, even
if there are portions of the project that are not subject to the requirements of the
"No Practical Alternatives" test under the Water Supply rules (15A NCAC 2B
AUG-10-2-005 14ED 06:42- TEL:[phone] NAME:DWQ-WETLANDS P
09/10/2005 08:13 9197339612 PAGE 02
.0214-.0216) or the 401 Water Quality Certification rules (15A NCAC 2H.0500),
or both of them.
Where a Covered Airport Project is not subject to the requirements of the "No
Practical Alternatives" test under the Water Supply Rule or the 401 Rules, such
project is hereby deemed to meet the No Practicable Alternatives Provisions of
the buffer rules, and an authorization certificate for buffer rule approval will be
issued for those projects if conditions 4 througb 8 of this GMV are met. If only
buffer rule approval is required, then DWQ may not add additional conditions to
the authorization certificate other than those required to comply with Conditions
4 through 8.
4. Compensatory buffer mitigation will be performed as required by the buffer rules
for Covered Airport Projects. This compensatory mitigation shall not be required
to be done at the Airport Facility, but shall (to the extent practicable) be
performed at locations as close as feasible to the Airport Facility. On-site.
mitigation shall, notwithstanding the foregoing, be required only to the extent
allowed by FAA Requirements (as defined below). or other applicable federal
statutes or rules. Mitigation plans must be approved in writing by the DWQ prior
to construction of the mitigation and no later than one year after'the date of the
approval of the project under this GMV.
5. Any Covered Airport Project for which a 401 Water Quality Certification is not
required must be designed by the applicant to minimize any adverse impacts to
Zone 1 of an affected buffer to the greatest extent practicable, consistent with
FAA. Requirements.
6. Any Covered Airport Project for which a 401 Water Quality Certif cation is not
required must be designed by the applicant to include on-site stormwater
management controls, to the extent required by the Buffer Rules and are
otherwise practicable, consistent with the FAA Requirements. Before any Dew
additional impervious surface associated with the Covered Airport Project is
utilized after construction , the stormwater management facilities shown in the
FAA filing must be constructed and operational and the approved stormwater
management plan implemented. If the applicant is required to obtain a
Sedimentation and Erosion Control Permit or a CAlv1A Major Permit, then a
Stormwater Permit may be required from the DWQ.
7. The requirements of Conditions 5 and 6 are satisfied if the applicant, in any
appropriate applications seeking FAA approval or review of the Covered Airport
Project, includes a reference to the application to this GMV and the relevant
buffer rules. In addition, the applicant must include a certification and
explanation that the applicant, in designing the Covered Airport Project, has
sought to comply with those requirements to the greatest extent practicable,
consistently with FAA Requirements.
AUG-10-2005 WED 06:43 TEL:[phone] NAME:DWQ-WETLANDS P. 2
08110/2005 08:13 9197339612
R
PAGE 03
8. The applicant must receive written approval from the DWQ based on the
submittal of the GMV Form for Airport Facilities acknowledging that these
conditions have been met before any impacts occur to the riparian buffer. If a
written response is not sent from DWQ within sixty (60) days from the receipt of
a complete application for the GMV at the Office of the Director in Raleigh; N.C.,
then the application shall be deemed approved.
9. If these conditions cannot be met, or if the variance is issued with conditions
unacceptable to the applicant, the applicant may request that the appbcatiombr a
GMV be forwarded (along with any response from DWQ) to the EMC, which
shall consider and act on the application for an Individual Major or Minor
Variance from the Buffer Rules. This GMV shall expire on September 12, 2006
unless it is renewed before that time by the EMC. Approvals issued under this
GMV shall continue to be valid after that time, unless an expiration date is
included in the Authorization Certificate.
Definitions:
For purposes of this GMV, the following definitions shall apply:..
A.u "Airport Facility" shall mean all properties, facilities, buildings, structures,
and activities that satisfy or otherwise fall within the scope of one or more of the
definitions or uses of the words or phrases `air navigation facility,' `airport," or `airport
protection privileges' under G.S. 63-1; the definition of `aeronautical facilities' in G.S..
63-79(1); the phrase `airport facilities' as used in G, S. 159-48(b)(1); the phrase
`aeronautical facilities' as defined in G.S. 159-81 and G.S. 159-97; and the phrase
`airport facilities and improvements' as used in Article V, Section 13, of the North
Carolina Constitution, which shall include, without limitation, any and all of the
following: airports, airport maintenance facilities, clear zones, drainage ditches, fields,
hangars, landing lighting, airport and airport-related offices, parking facilities, related
navigational and signal systems, runways, stomawater outfalls, terminals, terminal sloops,
and all appurtenant areas used or suitable for airport buildings or other airport facilities,
and all appurtenant rights-of-way; restricted landing areas; any structures, mechanisms,
lights, beacons, marks, communicating systems, or other instrumentalities or devices used
or useful as an aid, or constituting an advantage or convenience to the safe taking off,
navigation, and landing of aircraft, or the safe and efficient operation or maintenance of
an airport or restricted landing area; easements through, or other interests in, air space
over land or water, interests in airport hazards outside the boundaries of airports or
restricted landing areas, and other protection privileges, the acquisition or control of
which is necessary to ensure safe approaches to the landing areas of airports and
restricted landing areas, and the safe and efficient operation thereof; and any combination
of any or all of such facilities. Notwithstanding the foregoing, the following shall not be
included in the definition of "Covered Airport Facilities" and therefore these projects
shall be required to satisfy the "No Practical Alternatives" test of the buffer rules (when
ALIG-10-2005 WED 06:43 TEL:[phone] NAME:DWQ-WETLANDS P. 3
09/10/2095 00:13 919733951'
PAGE 04
applicable) as well as other conditions of this: (a) satellite parking facilities; (b) retail
and commercial development outside of the terminal area, such as rental car facilities;
and (c) other associated secondary development, such as hotels, industrial facilities, free-
standing offices and other similar buildings, so long as these facilities are not directly
associated with the operation of the airport, and are not operated by a unit of government
or special governmental entity such as an airport authority.
"FAA Requirements" shall include statutes regarding the Federal Aviation
Administration ("FAA"), including Chapters 445, 447, 449, 471 and 475 of Title 49 of
the United States Code and other such federal laws as govern FAA's regulation, funding,
or oversight of airport design, construction, and operation; Parts 77, 107, 141, 150, 1'51,
157, 169, 170, and 171 of Title 14 of the Code of Federal Regulations; document and
order entitled "Field Formulation of the National Plan of Integrated Airport Systems"
(5090.3C); "Airport Environmental Handbook" (Order 5050.4A); "Wildlife Hazard
Management at Airports; all applicable FAA airport circulars (including, without
limitation, 150/5070-6A, 150/5300-13, 150/5325-4A, 150/5320-5B, 150/5370-10A,
150/5200-33, 150/5340-4C, 15015340-24, 150/5320-15, and all other similar FAA
circulars); and all similar FAA requirements and publications, as well as subsequebt
versions of all of the listed documents.
Signed:
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission.
Effective Date:
AUG-10-2005. WED 06:44 TEL:[phone] NAME:DWQ-WETLANDS P. 4
I?
IZR D U RALEIGH-DURHAM AIRPORT AUTHO ITY
P. O. Box 80001, RDU Airport, North Carolina 27623 / 919-840-2100
Telefax / 919-840-0175
JOHN C, BRANTLEY DURHAM WAKE COUNTY DURHAM COUNTY RALEIGH
AIRPORT DIRECTOR KENNETH D. GIBBS, SR. JAMES B. HYLER, JR. LIONELL PARKER ROBERT WINSTON
VICE CHAIRMAN TREASURER CHAIRMAN
ROBERT D. TEER, JR. RAY SPARROW W. STEPHENS TOLER DAVID T. CLANCY
SECRETARY
August 9 2000
Mr. John Dorsey
NC DENR/Division of Water Quality, Wetlands Unit AUG `
1621 Mail Service Center
Raleigh, NC 27669-1621 Re: Notice of Withdrawal of 401 Water Quality Certification Application for the Planned Employee
Access Road for Park and Ride Lot 3, Raleigh-Durham International Airport
Dear Mr. Dorncy:
This letter notifies the Division of Water Quality (DWQ) that the Raleigh-Durham Airport Authority
(Authority) withdraws formally its application for 401 Certification submitted on May 15, 2000, for a
planned project to construct an employee access road to the existing remote Park and Ride Lot 3 (PNR3)
at the Raleigh-Durham International Airport. The Authority made an administrative decision based on
time constraints and administrative issues to relocate employee parking to an alternate location in lieu of
using the northwest portion of the existing PNR3 lot for this purpose.
On June 14, 2000, the Authority received a Nationwide Permit No. 14 for the project as applied for from
the Corps. Although the Authority discussed the NWP 14 with DWQ staff on several occasions and
submitted a letter regarding the project to you on June 16, the Authority did not receive a written response
from DWQ until August 1. Moreover, it is disappointing that the response provided by DWQ did not
provide a sufficient answer to the legitimate inquiries made by the Authority to clarify the legal limits of
DWQ's authority on this matter.
The Authority understands DWQ's stated purpose of protection of downstream water quality and supports
that purpose consistent with its obligations to the public and its employees in the most efficient and
effective manner possible. In order to protect water quality while increasing parking inventory to meet
demands, the Authority redesigned the ongoing expansion of PNR3 multiple times to avoid impacts to the
Neuse River riparian buffer protection areas. The actual expansion is approximately 15 percent smaller
than initially intended, but it will, to some degree, serve to meet immediate and acute demands for
parking without impacts to buffer zones of streams subject to the Neuse Rules. Removal of the planned
access road eliminates an allowable activity (road crossing) under the Neuse Rules; however, the
Authority chose to eliminate the access road project based on administrative considerations and the need
to meet acute demands for passenger and employee parking within a restrictive schedule.
The Authority appreciates the time and effort that you and members of DWQ staffinvested in your work
on this project. The Authority anticipates that no further submittals for review by DWQ are necessary due

g` /G 00
Cali wc 5vtsc)'(194
Mr. John Dorney
August 9, 2000
Page 2 of 2
to withdrawal of the 401 application. If you have any questions, please call me at 840-2100, extension
238 or email me at [e-mail].
Sincerely,
//? 6114-4;744c-
Miriam Gilkinson, PE
Environmental Officer
cc: Dave Powell, RDU AA
Tom Quesenberry, RDU AA
Charles Case, Hunton & Williams
Craig Bromby, Hunton & Williams
File
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
August 1, 2000
Ms. Miriam Gilkinson
Environmental Officer
Raleigh-Durham Airport Authority
Post Office Box 80001
RDU Airport, N.C. 276023
Dear Ms. Gilkinson:
Re: RDU Park & Ride Lot access road
Wake County
DWQ# 000628
F?W'A
1
?
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
In response to your letter of June 16. 2000 and our meeting on July 28, 2000, DWQ staff has reviewed your
request to consider the access road as a separate project and thereby not required stormwater management from the
parking lot. We have determined that the access road and expansion of the parking lot are part of the same project for
the following reasons:
1. The application for 401 Certification states that the across road and parking lot are linked in items
13 and 14 on the application form.
2. Our rules (15A NCAC 2H .0506 and 15A NCAC 2B .233) require DWQ to certify that the entire
project will protect downstream water quality.
3. The Neuse buffer rules (15A NCAC 2B .0233) require the runoff of sheetflow through the protected
stream buffers.
You also asked whether the design standard of 85% TSS removal is justifiable. As you know our rules instruct us
to protect downstream water quality standards. DWQ's design standard for stormwater management has been 85% TSS
removal for many years for a variety of regulatory programs. From this experience we believe that this design standard
protects downstream water quality standards. In addition the design community is very familiar with these designs.
Finally utilization of a different design standard would have DWQ open to charges of being arbitrary and capricious.
We expect that the goal of 85% TTS removal can be achievable by use of your proposed ponds and protected
stream buffers. Please provide calculations as to predicted removal rate of these ponds and the design you propose to
achieve sheetflow.
Until this information is provided, this project will remain on hold due to incomplete information. As you are
aware this project was applied for on May 15, 2000. You met with DWQ staff on June 13, 2000 and were instructed to
design stormwater management for this entire project. DWQ is ready to promptly issue the approvals for this project
upon receipt of the above information so you can complete this project in a timely manner.
Please call me at [phone] if you have any questions.
Since
John Dorney
10
Cc: Steve Mitchell, DWQ Raleigh Regional Office ,
Raleigh Field Office, Cotes of Engineers
Central Office
File Copy
Craig Bromby, Hunton & Williams
Charles Case, Hunton & Williams
Wetlands/401 Unit* 4401 Reedy Creek Road *Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/ 10% post consumer paper
RDU Authority
Subject: RDU Authority
Date: Mon, 31 Jul 2000 07:44:53 -0400
From: "Todd St. John" <[e-mail]>
Organization: DWQ Wetlands Unit
To: "john.domey" <[e-mail]>, "bob.zarzecki" <[e-mail]>
John, I was riding my bike Friday and my oxygen deprived brain came up
with what i feel is the best way to explain our stormwater requirements
to RDU:
15A NCAC 2H .0506 (b)(6) and (c)(5) require that the Director determine
that an activity "provides protection for downstream water quality
through the use of on-site stormwater control measures". In order to be
consistent with the rest of DWQs programs (and for simplicity's sake) we
have decided that providing BMP(s) that are considered to remove 85% TSS
is generally acceptable to meet the requirement of the Rule. (Currently,
the WQC for NW 39 includes language that requires specific BMPs in
certain situations to better protect downstream water quality
standards.)
However, if an applicant wants to prove that its proposed stormwater
controls provide provide the necessary protection of downstream water
quality standards to the Directors satisfaction, they may do so through
a process previously established by DWQ called the PEP (Preliminary
Evaluation Period) process. This process allows an applicant to propose
new or innovative means of stormwater control. Basically the applicant
must establish that the proposed BMP can protect downstream water
quality standards by citing previous studies. The applicant will also be
required to show that the BMP actually performs adequately by water
quality sampling. If the BMP does not performed as proposed the
applicant will have to retrofit its stormwater control with an
acceptable BMP.
Todd St. John, P.E.
Environmental Engineer II
DWQ
Wetlands Unit
I of 1 7/31/00 8:18 AM
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RDU
Telefax / 919-840-0175
JOHN C. BRANTLEY
AIRPORT DIRECTOR
DURHAM
KENNETH D. GIBBS, SR
VICE CHAIRMAN
ROBERT D. TEER, JR.
WAKE COUNTY
JAMES B. HYLER, JR
RAY SPARROW
June 16, 2000
Mr. John Dorney
NC DENR/Division of Water Quality, Wetlands Unit
DURHAM COUNTY
LIONELL PARKER
TREASURER
W. STEPHENS TOLER
- i'
RALEIGH
ROBERT WINSTON
CHAIRMAN
DAVID T. CLANCY
SECRETARY
AN 2 0 no
1621 Mail Service Center TlETLgN G1tIJS?
Raleigh, NC 27669-1621 %?rFR Ot)ALITY,,:,
Re: Request to Reschedule the Meeting to Discuss Planned Employee Access Road for Park and Ride
Lot 3, Raleigh-Durham International Airport
Dear Mr. Donley:
The Raleigh-Durham Airport Authority currently is expanding its remote Park and Ride Lot 3 to
increase the parking inventory in the lot from 2,000 to approximately 3,700 spaces. The Authority also
plans to build a new employee access road to the lot. On Tuesday, June 13, Authority staff met with Bob
Zarzecki to discuss matters associated with the access road project. Unfortunately, you were unable to
attend that meeting as planned. Therefore, Authority staff still wish to meet with you directly to discuss
those issues that we feel are not yet resolved.
In an email Bob sent to you following our discussion with him, he summarized the background of
the employee access road project. The Authority intends to construct this road from National Guard
Drive to the existing parking lot in order to segregate traffic streams entering the parking lot into bus
traffic, passenger traffic, and employee traffic. Segregation will improve traffic patterns, thereby
decreasing queuing times and mitigating air quality impacts of vehicular traffic. Construction of the
employee access road as originally designed would impact approximately 70 feet of a stream remotely
tributary to the Neuse, and would involve "fill" (i.e., a pipe) in a jurisdictional stream, thus requiring a
404 permit and 401 Certification. DWQ staff informed the Authority that they intend to treat the access
road and the parking lot as a single project. On that basis, DWQ staff intend to incorporate into the 401
water quality certification for the access road conditions regarding stormwater controls in the expansion
site. The Authority questions the grounds on which DWQ staff intend to combine the two projects, as
well as DWQ staff use of 2H .0506(b) to incorporate stormwater controls with explicit performance
standards.
Separate Projects. Expansion of the parking lot and construction of the access road are separate
and independent projects both temporally and spatially. The Authority anticipates completion of the
expansion project, which began in March 2000, by the Thanksgiving holiday. The Authority will not
start the access road project, however, before November. Furthermore, the goals of the two projects are
distinct. The Authority intends to increase parking capacity to help meet demands of passengers and
employees, and the Authority intends to build the employee access road to segregate traffic. Due to the
distinctly different goals of the two projects, the differing schedules of construction whereby the parking
lot expansion project precedes, and will proceed independent of, the access road, these are not linked or
interdependent projects. Moreover, the parking lot expansion will be complete before the Authority
VIA
4 0 11?1/u
RALEIGH-DURHAM AIRPORT AUTHORITY
P. O. Box 80001, RDU Airport, North Carolina 27623 / 919-840-2100
Mr. John Dorney
June 16, 2000
Page 2 of 3
commences the access road project, thus the access road will be the only project reviewed under the 404
permit application and the only project that the DWQ has been asked to certify under Section 401.
Tile Authority and its environmental legal counsel do not believe that DWQ staff lawfully can
attempt to regulate the parking lot expansion project by incorporating conditions in a 401 Certification of
the access road, which is a separate project. There is no valid justification to link the two projects for 404
purposes, and 401 Certification is limited to the project being licensed under Section 404. As DWQ has
stated on numerous occasions, a 401 Certification is not a permit in and of itself. Thus, DWQ is without
authority to impose on the parking lot expansion project conditions based in 2H .0506(b). The parking lot
expansion project is not a project that involves the discharge of dredged or fill material to a water of the
United States. Therefore, under the terms of 2H .0506 the 401 Certification has no application to the
parking lot expansion project. The rule states that the Director shall issue a certification upon
determining that existing uses are not removed or degraded by a discharge to surface waters. It is
improper to assume that potential impacts to the stream from the parking lot expansion are "cumulative"
to the 404-regulated discharge, because those impacts are independently regulated under the rules
pertaining to erosion and sediment control as well as the stormwater discharge rules.
Stormwater Controls as a Condition of a 401 Certification. Not only is it improper for DWQ
to link the two projects together, but it is improper for DWQ to require performance standards not
supported by the rules. The conditions that DWQ ostensibly will impose in a 401 Certification for the
access road project involve construction of stormwater ponds as a part of the parking lot expansion
project. For the expansion project, the Authority is constructing sediment basins for erosion control, not
wet detention basins for stormwater control. However, the Authority intends to leave the basins in place
to serve to meter out stormwater flow. Authority staff could not determine that the authority exists in the
water quality rules to impose the stormwater conditions contemplated by DWQ staff. Even though
Authority staff object to the linking of the two projects, Authority staff have, on multiple occasions,
requested that DWQ staff provide a citation in the water quality rules that grants DWQ staff the authority
to require performance standards for stormwater controls and, in particular, a removal efficiency of 85%
TSS. In response to these requests, DWQ staff finally cited 2H .0506 (b). DWQ staff reliance on 2H
.0506(b) confirms our view that DWQ staff are overstepping the limits of their authority in this matter.
The Authority and its environmental legal counsel do not believe that this section supports the broad
interpretation applied by DWQ staff. Furthermore, when queried as to the basis of the requirement for
85% TSS removal, DWQ staff told Authority staff that it is a value applied by DWQ for consistency with
other rules. "Consistency" is not a proper basis for imposing numeric stor nwater controls pursuant to 2H
.0506. Nowhere in Section 401 or in the 2H .0506 is "consistency" authorized as a legitimate criterion for
imposing this requirement.
Neuse Rules. A segment of a remote tributary to the Neuse River is located in the footprint of
the planned employee access road and is subject to the Neuse Rules. However, the planned employee
access road is a road crossing, an "allowable" project following determination of no practical alternatives.
15A NCAC 2B .0233 (6). The Authority is contemplating redesigning the access road to eliminate the fill
in the stream, using a bottomless culvert. With the redesign, the access road no longer would require a
permit under Section 404; it would still be subject to the provisions of 15A NCAC 213 .0233. Bob
Zarzecki provided an email indicating that you said stormwater controls would be required even if a
bottomless culvert is used in lieu of piped crossing, due to impacts to the buffer. The Authority
understands that a road crossing with no practical alternatives is an allowable activity. The Authority and
its environmental legal counsel do not believe that the Neuse Rules grant DWQ the Authority to impose
conditions on a Neuse Authorization Certificate.
Mr. John Dorney
June 16, 2000
Page 3 of 3
The Authority has gone to great lengths to make sure that the parking lot expansion does not
encroach into the Neuse buffer. Therefore, there are no buffer effects regulated at 2B .0233 associated
with the parking lot expansion. To claim that any potential effects are cumulative to the access road
suggests that the parking lot expansion is inseparable from the access road, which it clearly and
demonstrably is not. Use of the Neuse Rules to link the projects and require stormwater controls is not an
authorized exercise of DWQ jurisdiction. If the Authority were to redesign the project using a bottomless
culvert, the access road project would fall into the category of an "allowable" project under 2B .0233 and
would no longer be subject to 2H .0506.
The Authority asks that you consider these points and review the joinder of the two projects into
a single project. The Authority asks that you reevaluate the contemplated stormwater conditions in the
401 Certification within the authority granted by 2H .0506. With regard to the possible redesign to
include a bottomless culvert, the Authority requests that DWQ not attempt unlawfully to expand the
scope of its rules and compel the Authority to further alter its projects. After you have a chance to review
this letter, Authority staff and its environmental legal counsel wish to meet with you to discuss these
items. We will call you next week to reschedule our meeting of June 13.
If you have any questions, please email me at [e-mail] or call me at (919) 840-
2100, extension 238.
Sincerely,

Miriam Gilkinson
Environmental Officer
cc: Dave Powell, RDU AA
Tom Quesenberry, RDU AA
Charles Case, Hunton & Williams
Craig Bromby, Hunton & Williams
File

June 16, 2000
Mr. John Dorney
NC DENR/Division of Water Quality, Wetlands Unit
1621 Mail Service Center
Raleigh, NC 27669-1621
Re: Request to Reschedule the Meeting to Discuss Planned Employee Access Road for Park and
Ride Lot 3, Raleigh-Durham International Airport
Dear Mr. Dorney:
The Raleigh-Durham Airport Authority currently is expanding its remote Park and Ride Lot 3 to
increase the parking inventory in the lot from 2,000 to approximately 3,700 spaces. The Authority also
plans to build a new employee access road to the lot. On Tuesday, June 13, Authority staff met with Bob
Zarzecki to discuss matters associated with the access road project. Unfortunately, you were unable to
attend that meeting as planned. Therefore, Authority staff still wish to meet with you directly to discuss
those issues that we feel are not yet resolved.
In an email Bob sent to you following our discussion with him, he summarized the background of
the employee access road project. The Authority intends to construct this road from National Guard
Drive to the existing parking lot in order to segregate traffic streams entering the parking lot into bus
traffic, passenger traffic, and employee traffic. Segregation will improve traffic patterns, thereby
decreasing queuing times and mitigating air quality impacts of vehicular traffic. Construction of the
employee access road as originally designed would impact approximately 70 feet of a stream remotely
tributary to the Neuse, and would involve "fill" (i.e., a pipe) in a jurisdictional stream, thus requiring a
404 permit and 401 Certification. DWQ staff informed the Authority that they intend to treat the access
road and the parking lot as a single project. On that basis, DWQ staff intend to incorporate into the 401
water quality certification for the access road conditions regarding stormwater controls in the expansion
site. The Authority questions the grounds on which DWQ staff intend to combine the two projects, as
well as DWQ staff use of 2H .0506(b) to incorporate stormwater controls with explicit performance
standards.
Separate Projects. Expansion of the parking lot and construction of the access road are separate
and independent projects both temporally and spatially. The Authority anticipates completion of the
expansion project, which began in March 2000, by the Thanksgiving holiday. The Authority will not
start the access road project, however, before November. Furthermore, the goals of the two projects are
distinct. The Authority intends to increase parking capacity to help meet demands of passengers and
employees, and the Authority intends to build the employee access road to segregate traffic. Due to the
distinctly different goals of the two projects, the differing schedules of construction whereby the parking
lot expansion project precedes, and will proceed independent of, the access road, these are not linked or
interdependent projects. Moreover, the parking lot expansion will be complete before the Authority
Mr. John Dorney
June 16, 2000
Page 2 of 3
commences the access road project, thus the access road will be the only project reviewed under the 404
permit application and the only project that the DWQ has been asked to certify under Section 401.
The Authority and its environmental legal counsel do not believe that DWQ staff lawfully can
attempt to regulate the parking lot expansion project by incorporating conditions in a 401 Certification of
the access road, which is a separate project. There is no valid justification to link the two projects for
404 purposes, and 401 Certification is limited to the project being licensed under Section 404. As DWQ
has stated on numerous occasions, a 401 Certification is not a permit in and of itself. Thus, DWQ is
without authority to impose on the parking lot expansion project conditions based in 2H .0506(b). The
parking lot expansion project is not a project that involves the discharge of dredged or fill material to a
water of the United States. Therefore, under the terms of 2H .0506 the 401 Certification has no
application to the parking lot expansion project. The rule states that the Director shall issue a
certification upon determining that existing uses are not removed or degraded by a discharge to surface
waters. It is improper to assume that potential impacts to the stream from the parking lot expansion are
"cumulative" to the 404-regulated discharge, because those impacts are independently regulated under
the rules pertaining to erosion and sediment control as well as the stormwater discharge rules.
Stormwater Controls as a Condition of a 401 Certification. Not only is it improper for DWQ
to link the two projects together, but it is improper for DWQ to require performance standards not
supported by the rules. The conditions that DWQ ostensibly will impose in a 401 Certification for the
access road project involve construction of stormwater ponds as a part of the parking lot expansion
project. For the expansion project, the Authority is constructing sediment basins for erosion control, not
wet detention basins for stormwater control. However, the Authority intends to leave the basins in place
to serve to meter out stormwater flow. Authority staff could not determine that the authority exists in the
water quality rules to impose the stormwater conditions contemplated by DWQ staff. Even though
Authority staff object to the linking of the two projects, Authority staff have, on multiple occasions,
requested that DWQ staff provide a citation in the water quality rules that grants DWQ staff the authority
to require performance standards for stormwater controls and, in particular, a removal efficiency of 85%
TSS. In response to these requests, DWQ staff finally cited 2H .0506 (b). DWQ staff reliance on 2H
.0506(b) confirms our view that DWQ staff are overstepping the limits of their authority in this matter.
The Authority and its environmental legal counsel do not believe that this section supports the broad
interpretation applied by DWQ staff. Furthermore, when queried as to the basis of the re uiq rement for
85% TSS removal, DWQ staff told Authority staf at it is a value applied by DW for consistency with
oth . "Consistency" is not a proper basis for imposing numeric stormwater controls pursuant to
2H .0506. Nowhere in Section 401 or in the 2H .0506 is "consistency" authorized as a legitimate
criterion for imposing this requirement.
Neuse Rules. A segment of a remote tributary to the Neuse River is located in the footprint of
the planned employee access road and is subject to the Neuse Rules. However, the planned employee
access road is a road crossing, an "allowable" project following determination of no practical
alternatives. 15A NCAC 2B .0233 (6). The Authority is contemplating redesigning the access road to
eliminate the fill in the stream, using a bottomless culvert. With the redesign, the access road no longer
would require a permit under Section 404; it would still be subject to the provisions of 15A NCAC 2B
.0233. Bob Zarzecki provided an email indicating that you said stormwater controls would be required
even if a bottomless culvert is used in lieu of piped crossing, due to impacts to the buffer. The Authority
understands that a road crossing with no practical alternatives is an allowable activity. The Authority
and its environmental legal counsel do not believe that the Neuse Rules grant DWQ the Authority to
impose conditions on a Neuse Authorization Certificate.
The Authority has gone to great lengths to make sure that the parking lot expansion does not
encroach into the Neuse buffer. Therefore, there are no buffer effects regulated at 2B .0233 associated

Mr. John Dorney
June 16, 2000
Page 3 of 3
with the parking lot expansion. To claim that any potential effects are cumulative to the access road
suggests that the parking lot expansion is inseparable from the access road, which it clearly and
demonstrably is not. Use of the Neuse Rules to link the projects and require stormwater controls is not
an authorized exercise of DWQ jurisdiction. If the Authority were to redesign the project using a
bottomless culvert, the access road project would fall into the category of an "allowable" project under
2B .0233 and would no longer be subject to 2H .0506.
The Authority asks that you consider these points and review the joinder of the two projects into
a single project. The Authority asks that you reevaluate the contemplated stormwater conditions in the
401 Certification within the authority granted by 2H .0506. With regard to the possible redesign to
include a bottomless culvert, the Authority requests that DWQ not attempt unlawfully to expand the
scope of its rules and compel the Authority to further alter its projects. After you have a chance to
review this letter, Authority staff and its environmental legal counsel wish to meet with you to discuss
these items. We will call you next week to reschedule our meeting of June 13.
If you have any questions, please email me at [e-mail] or call me at (919)
840-2100, extension 238.
Sincerely,
Miriam Gilkinson
Environmental Officer
cc: Dave Powell, RDU AA
Tom Quesenberry, RDU AA
Charles Case, Hunton & Williams
Craig Bromby, Hunton & Williams
File
RE: [Fwd: RDU Airport Park-n-Ride Lot #31
Subject: RE: [Fwd: RDU Airport Park-n-Ride Lot #31
Date: Tue, 13 Jun 2000 12:47:37 -0700
From: miriam gilkinson <[e-mail]>
To: 'Bob Zarzecki' <bob. zarzecki@nemail. net>
thanks for your follow up. we'll talk it over here and get back to you.
miriam
-----Original Message-----
From: Bob Zarzecki [ ]
Sent: Tuesday, June 13, 2000 3:46 PM
To: miriam gilkinson
Cc: John Dorney
Subject: [Fwd: RDU Airport Park-n-Ride Lot #3]
Miriam,
John Dorney stated to me that stormwater would be required for
Park-n-Ride Lot #3 (only for the proposed expansion section, not the
existing area) due to impacts proposed by the access road. This
stormwater would also be required if a bottomless culvert is used in
place of piped crossing, due to the buffer impacts.
Please let me know what you decide to do (piped crossing, open-bottom
culvert crossing or avoid crossing) prior to July or we will need to
formally place the project On-Hold.
- Bob Zarzecki
1 of 1 6/13/00 3:51 PM

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Division of Water Quality
MEMO From:
To:
Subject:
Date:
6rn elm
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NCDENR
North Carolina Department of Environment and Natural Resources
PO Box 29535, Raleigh, North Carolina 27626-0535 / Phone: [phone]
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INCORPORATED
4709 COLLEGE ACRES DRIVE
SUITE 2
WILMINGTON, NORTH CAROLINA 28403
ENVIRONMENTAL CONSULTANTS
TEL [phone]
FAX [phone]
®O 0 6 Z 8 czrwIIm0aol.com
PAYMENT
RECEIVED 12 May 2000
Mr. John Dorney
N.C. DENR .. T._.
Division of Water Quality
Wetland/ 401 Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
LANDS
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WATER Jar.:::-.._
RE: Submittal of a pre-construction notification application`for impacts associated with an
employee access road crossing to Park and Ride Lot #3 off National Guard Drive at the
Raleigh-Durham International Airport in Wake County, North Carolina.
Dear Mr. Dorney:
Enclosed for your review is a pre-construction notification application for impacts associated with
the above-described project. We are requesting authorization for project-related unavoidable fill
associated with the road crossing of a non-wetland roadside drain. A check (No. 6212) for $200, as
required, is included with this letter to accompany the application. Please confirm receipt of the fee
and indicate who will be our contact for this project. A copy of the application has also been sent
to Steve Mitchell (NC DWQ) and Todd Tugwell with the U.S. Army Corps of Engineers who both
have reviewed the site.
Please contact us with any questions, comments, or if you require any additional information. We
appreciate your assistance with this project.
Sincerely,
CZR INCORPORATED
Samuel Cooper
Project Manager
CP# 1810
cc: Miriam Gilkinson - Ralcigh-Durham Airport Authority
140 INTRACOASTAL POINTE DRIVE • SUITE 301 • JUPITER, FLORIDA 33477-5064
TEL [phone] • FAX [phone] • czrjup(gaol.com
DWQ ID: CO LPS TION ID:
NATIONWIDE PERMIT REQUESTED (PPMOWNATIONWIDE PERMIT #): 14 or Individual
p00f 28
PRE-CONSTRUCTION NOTIFICATION APPLICATION
PAYMENT
FOR NATIONWIDE PERMITS THAT REQUIRE:
RECEIVED
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT.
1. OWNERS NAME: Raleigh-Durham International Airport c/o Miriam Gilkinson
2. MAILING ADDRESS: Raleigh-Durham Airport Authority, P.O. Box 80001
SUBDIVISION NAME:
CITY: RDU- Airport STATE: North Carolina ZIP CODE: 27623
a
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): New access road to Park and Ride Lot #3 off National Guard Drive
3. TELEPHONE NUMBER (HOME): (WORK): 919-840-2100
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: CZR Incorporated Attn: Samuel Cooper 4709 College Acres Drive, Suite 2
Wilmington, NC 28403 910 392-9253
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Wake, NC NEAREST TOWN OR CITY: Morrisville, NC
This site has been identified on a portion of the USGS topographic map (Appendix A-Figure 0.
SPECIFIC LOCATION (INCLUDE ROAD, NUMBERS, LANDMARKS, ETC.): Approximate 500-foot long
proposed access road that would connect with National Guard Drive about 2,000 feet east of the
intersection of Aviation Parkway and National Guard Drive.
6. IMPACTED OR NEAREST STREAM/RIVER: impacts to a first order drain to an unnamed tributary
to Haleys Branch RIVER BASIN: Neuse
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH
QUALITY WATERS (HOW), OUTSTANDING RESOURCE WATER (ORW), WATER SUPPLY (WS-I, OR WS-
II)? YES[ ] NO [ X ] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ J NO [ X
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ X ] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
Action ID. 199300014 and 198200031 for other sites on the property (Appendix B -
Attachment 1)
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ X ) NO [ I IF YES, DESCRIBE ANTICIPATED WORK: possible other expansion projects
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 2.8 pro*ecV site
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLAND LOCATED ON PROJECT SITE: none
10a. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
EXCAVATION:
OTH ER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: none
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 143' - jurisdictional, but not "important stream" FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): 2 FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: 0.5-1.0 FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: See Appendix A - Figure 2
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? A stormwater pond is not required for the access road.
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11 " DRAWINGS ONLY): Construction of an
access road to include earthwork, mechanized land clearing and grading, fill, and excavation
activities. Equipment to be used may include bulldozer, track hoe, loader pans and trucks. See
Appendix A-Figure 3.
13. PURPOSE OF PROPOSED WORK: Proposed road would serve as an important access corridor to
serve the expanded Park and Ride Lot #3 parking facility. Other needed access roads from National
i
Guard Drive are proposed at the other (southwest) end of the parking lot. Safety concerns prevent
the access roads from being constructed closer together; thus, the proposed access roads are in the
only practical locations. There is a strong need for additional parking to keep up with the growth
associated with the airport. Passenger traffic increased nearly 24 percent during 1999, which was
three times the average annual rate of growth since 1995.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
The expansion of Park and Ride Lot #3 and associated access roads is positioned to utilize higher
elevation, upland areas. The alignment of the proposed access road was designed to avoid impacts
to wetlands. Fill to a small wetland area adjacent to National Guard Drive was avoided by the design
of a retaining wall lust west of the project area and redesign of the turning lane The alignment
resulted in avoiding wetlands and minimizing impacts to all Section 404 jurisdictional areas. No
wetlands will be impacted by the proposed project.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE
PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: 30 March 2000 (Appendix B-Attachment 2) (ATTACH
RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT
AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
30 March 2000 (Appendix B-Attachment 3)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND?
YES [ X ] NO [ ] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES [ ] NO [ X ] (less than 500 linear feet of disturbance to perennial stream channel)
J
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO[ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH
THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO
MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003,
TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS
ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT. See plat signed 1 November 1999 (Appendix B - Attachment 4). Areas adjacent to
the site were approved/signed-off on 5 August 1994 and re-certified in 1999 by the Corps of
Engineers.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. No wetlands would be impacted; however, photographs of the drain are found in
Appendix C.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. - No wetlands occur within the project
site. Wetland data forms accompanied both previous plats approved by the Corps of Engineers.
ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. not required
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Current land is in a state of
natural vegetation between existing parking lot and National Guard Drive. Proposed protect
is consistent with planned use.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? not applicable
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. - (Appendix 13-
Attachment 5)
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (/N THE TWENTY COASTAL COUNT/ES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
jlm6w/ &*t' ;,w Gz
/AGENTS SIGNATURE
aA?ayfl
DATE
(AGENT'S SIGNATURE VALID ONLY IF
AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.))
LOCATION MAP
PROPOSED ACCESS ROAD TO PARK AND RIDE - LOT 3
RALEIGH-DURHAM INTERNATIONAL AIRPORT
q.p SCALE: N.T.S. APPROVED BY: DRAWN BY: KPC
DATE: 5/8/2000 FILE: PARK-RIDE1
CP#1810
4709 COLLEGE ACRES DRIVE
SUITE 2
SOURCE: USCS-CARY,H.C. TOPOGRAPHIC QUAD. PHOTO REVISED it R WILMINGTON, NORTH CAROLINA 29403 TEL 9 1987xEO?.NATIONAL GUARD DRNE IS NOT SHOWN ON THE INCo FAX 91%392-91 9 FIGURE 1
CULVERT/FILL/RIP-RAP L
- RIP-
i TOE-OF-SLOPE CRAP
PROPOSED
ACCESS ROAD I
I t
II I I I
I
li ? I II
48'
NATIONAL GUARD
DRIVE (EXISTING) I I I I? i
1 2 3 I I ?_
i
POINTS:
1. UPSTREAM POINT WHERE DRAIN MERGES WITH WETLAND.
2. UPSTREAM END OF SEGMENT SUBJECT TO NEUSE RIVER BUFFER RULES.
3. DOWNSTREAM END OF SEGMENT SUBJECT TO NEUSE RIVER BUFFER RULES.
4. CULVERT AND MERGE POINT OF ROADSIDE DRAIN WITH DOWNSTREAM DRAIN
THAT IS SUBJECT TO NEUSE RIVER BUFFER RULES.
1-4 SECTION 404 JURISDICTIONAL DRAIN, NON -WETLANDS
(NOT AN "AQAUTIC RESOURCE OR IMPORTANT DRAIN").
IMPACTS TO SECTION 404 JURISDICTION AREAS
PROPOSED ACCESS ROAD TO PARK AND RIDE - LOT
RALEIGH-DURHAM INTERNATIONAL AIRPORT
SCALE: AS SHOWN APPROVED BY: DRAWN BY: KPC
DATE: 5/8/2000 FILE: PARK-RIDE1
0 60 120 CP#1810
4709 COLLEGE ACRES DRIVE
ZR SUITE 2
SCALE RV FEET IRCORPORATED wlunncTO"' "o"TELG9Af0%3s2-29628 FIGURE 2
pppYLURif FAX [phone]
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LEGEND:
PROJECT BOUNDARY

NATIONAL GUARD DRIVE

//tee / / / d
PROPOSED WORK DRAWING
rzll?
0 80 140
SCALE IN FEET
SOURCE: PARSONS BR04CKERHAUFF OUADE & DOUGLAS, INC.
PROPOSED ACCESS ROAD TO PARK AND RIDE - LOT
RALEIGH-DURHAM INTERNATIONAL AIRPORT
SCALE: AS SHOWN APPROVED BY: DRAWN BY: KPC
DATE: 5/8/2000 FILE: PARK-RIDE3
Z 4709 COLLEGE ACRES DRIVE CP#1810
SUITE 2
e?ONAT[0 WILMINGTON, NORTH L:1100L/A3922s 53 FIGURE 3
pyMp ,? pp?gyv/iNA FAX [phone]
Attachment 1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
wREPLvaEFER TO November 23, 1992
Regulatory Branch
Action ID. 199300014 and General Permit
No. CESAW-C082-N-000-0031
Raleigh-Durham Airport Authority
Attn: Mr., Toni Quesenberry
Associate Airport Engineer
P.O. Box 80001
RDU Airport, North Carolina 27623-0001
Dear Mr. Quesenberry:
Reference is made to the application of September 29, 1992, submitted on
your behalf by CZR Incorporated, regarding your proposed construction of a new
interchange of S.R. 1002 with S.R. 3015, and airport access roads, across
unnamed tributaries to Brier Creek, Brier Creek Reservoir, and adjacent
wetlands, at Raleigh-Durham Airport, Wake County, North Carolina. In that
letter, you requested Department of the Army permit authorization for the
placement of fill material impacting a total of 2.37 acres of waters of the
United States, to facilitate the proposed construction.
t
On January 1, 1992, we renewed general permit, Action ID No. 198200031,
(copy enclosed), that authorizes the placement of fill material associated
with the construction, repair, or replacement of bridges across navigable
waters and waters of the United States in North Carolina, including
cofferdams, abutments, foundation seals, piers, temporary construction and
access fills, approach fills, detour fills, and box culvert installation, as
part of work conducted by or in full compliance with the standards and
specifications of the North Carolina Department of Transportation (NCDOT).
Your proposed work is authorized if you can comply with all permit
conditions, including the enclosed special conditions, and implement the
proposed mitigation plan, including monitoring. Please read the enclosed
permit to prevent an unintentional violation of Federal law. As this
Department of the Army general permit does not relieve you of the
should contact
responsibility to obtain any other required approvals, you
appropriate State and local agencies before beginning work.

-2-
If you have questions, contact Mr. Eric Alsmeyer, Raleigh Regulatory Field
Office, telephone [phone], extension 23.
Sincerely,
ne Wri
Chief, Regulatory Branch
Enclosure
Copy Furnished (with enclosure):
CZR Incorporated
Attn.: Mr. Sandy Smith
4709 College Acres Drive, Suite 2
Wilmington, North Carolina 28403-1725
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
I
SPECIAL CONDITIONS
1. Annual monitoring reports will be submitted within 30 days of site
monitoring (August-September).
2. One copy of each annual monitoring report shall be submitted to the
corps of Engineers, Wilmington District, and three copies shall be submitted
to the North Carolina Division of Environmental Management.
3. Annual monitoring reports shall include photographs, sample plot data,
groundwater monitoring data, and soils data.
4. An "as built report", including final elevations, photographs, sample
plot locations, and well locations, shall be submitted to the Wilmington
District within 30 days of the mitigation site construction.
5. Construction of the mitigation sites shall be initiated at such time
to provide for planting of seedlings within the first suitable planting period
(December 1 through March 15) following commencement of project construction.
If project construction commences in the period December 1 through March 1,
and the permittee must delay planting until the next planting period, the
permittee must submit a written request, including justification, for a permit
modification.
6. In the event that the hydrological success criteria (saturated within
12 inches of the surface, ponded, or flooded for at least 26'consecutive days
(12.5%) of the growing season) is not met during the first year, hydrologic
monitoring will continue in successive years until the success criteria has
been met and documented.
7. All distrubed areas adjacent to the mitigation site will be stabilized
to prevent sedimentation into the mitigation site.
F.MW
71
?. ,
f? DEPARTMENT OF THE ARMY
r? ?+ WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
!r WILMINGTON. NORTH CAROLINA 28402-1890
!N REPV( REFER TO April 23, 1993
Regulatory Branch
Action ID. 199300014 and General Permit No. CESAW-CO82-N-000-0031
Raleigh-Durham Airport Authority
Attn.: Mr. Tom Quesenberry
Associate Airport Engineer
P.O. Box 80001
RDU Airport, North Carolina 27623-0001
Dear Mr. Quesenberry:
cPW 1)96,
Reference our letter dated November 23, 1992, confirming authorization by
the subject Department of the Army general permit for discharges of fill
material impacting a total of 2.37 acres of waters of the United States, to
facilitate your proposed construction of a new interchange of S.R. 1002 with
S.R. 3015, and airport access roads, across unnamed tributaries to Brier
Creek, Brier Creek Reservoir, and adjacent wetlands, at Raleigh-Durham
Airport, Wake County, North Carolina. Reference also the letter of February
25, 1993, submitted on your behalf by CZR, Incorporated, requesting
modification of the permit to allow you an extra year to ccn,yieta planting of
the mitigation sites.
Based on the information you provided in the letter, it was not advisable
for you to complete the mitigation planting in the first year following
construction, due to phasing and sedimentation considerations. Therefore, the
permit is hereby modified to allow an extension of the time for mitigation
planting to March 15, 1994. It is understood that all other conditions of the
original permit remain applicable and that the expiration date is unchanged.
Sincerely,
R E C E ? V E a
G. Wayne Wright
AN 28 Chief, Regulatory Branch
QN, INCORPORATED
- W1lr M IN(*7t?1d, NC

-2-
copies Furnished
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
SLR Incorporated
Attn.: Mr. Alexander P. Smith
4709 College Acres Drive, Suite 2
Wilmington, North Carolina 28403-1725

Attachment 2
T0:
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
POSE Office-Box 33726
Raleigh, worth Carolina 27636-3726
L4 70 9 C o e9 t /k `fir. S u 4, .2-
N<rx-?L C. 1??? a8?o3
rte:.+w'i'c€E?
APR 14 2O
GEC
Thank you for your letter requesting information or recommendations from the
U.S. Fish and Wildlife Service. This form provides the Service's
pursuant to Section 7 of the Endangered Species Act, as amended (16 U.S.C.
1531-1543), and the Fish and Wildlife Coordination Act, as a!-ended (16
U.S.C. 661-667d).
?Z?. ?- ? ?}? 2po 2T' ?-A3A I<= C.p
Re: Dv P?CZ? 1DE- 63 aAAsi41.4-?
Project Name/Location/County
4Dat?f0 o Incoming Letter
Log Number
The attached page(s) list(sl the Federally-listed species which
may occur within the project area.
Based on the information'provided-:it f
appears that your project site
does not contain suitable habitat for any Federally-listed
endangered or threatened species known to occur in the area.t?;e
believe that the requirements of Section 7 of the Act have been
.satisfied. We remind you that obligations under Section 7
consultation must be reconsidered if: (1) new information reveals
impacts of this identified action that may affect listed species or
critical habitat in a manner not previously considered; (2) this
action is subsequently modified in a manner that was not considered
in this review; (3) a new' species is listed or critical habitat
determined that may be affected by the identified action.
If the proposed project will be removing pines 9" DBH or greater, or
30 years of age in pine or pine/hardwood habitat, surveys should be
conducted for active red-cockaded woodpecker cavity trees in
..appropriate habitat within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to affect
the red-cockaded woodpecker, and you should contact this office for
further information.
Biologist /
Date
Attachment 3
4Ppyy1V?•
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
James B. Hunt Jr., Governor Division of Archives and History
Betty Ray McCain, Secretary Jeffrey J. Crow, Director
April 14, 2000
Samuel Cooper
CZR Inc.
4709 College Acres Dr., Suite 2
Wilmington, NC 28403
Re: Raleigh-Durham International Airport Park & Ride #3 expansion, Wake County,
ER 00-9376
Dear Mr. Cooper:
Thank you for your letter of March 30, 2000, concerning the above project.
We have conducted a review of the project and are aware of no properties of architectural, historic, or
archaeological significance which would be affected by the project. Therefore, we have no comment on the project
as currently proposed.
In the future, please address all correspondence to the following:
David Brook
Deputy State Historic Preservation Officer
4617 Mail Service Center
Raleigh, NC 276994617
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment, please
contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763.
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB:scb
RECEIVED
wiR 21 20M
CZR Incorporated
Wilmington, NC
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount St., Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone] 733-8653
ARCHAEOLOGY 421 N. Blount St., Raleigh NC 4619 Mail Service Center, Raleigh NC 27699-4619 [phone] 715-2671
RESTORATION 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 27699-4613 [phone] • 715-4801
SURVEY & PLANNING 515 N. Blount St., Raleigh NC 4618 Mail Service Center, Raleigh NC 27699-4618 [phone] • 715-4801
Attachment 4
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Attachment 5
IZRDut
JOHN C. BRANTLEY DURHAM
AIRPORT DIRECTOR KENNETH D. GIBBS
TREASURER
LENORE BEHAR
December 19, 1997
RALEIGH-DURHAM AIRPORT AUTHORITY
P. O. Box 80001, RDU Airport, North Carolina 27623 / 919-840-2100
Telefax / 919-840-0175
WAKE COUNTY
JAMES B. HYLER, JR.
DURHAM COUNTY
RONALD A. GREGORY
CHAIRMAN
GEORGE H. CONKLIN
RALEIGH
WILLIAM C. BURKHARDT
VICE-CHAIRMAN
JOSEPH M. SANSOM
RAY SPARROW
SECRETARY
CZR, Incorporated
Attention: Sam Cooper
4709 College Acres Drive, Suite 2
Wilmington, NC 28403
RE: Park and Ride Lot 3 Expansion, RDU 070279
To Whom It May Concern:

DEC 22 09

The purpose of this letter is to grant CZR, Incorporated authorization to serve as an agent
and representative for the Raleigh-Durham Airport Authority in connection with securing
and administering environmental permits and related matters associated with the
referenced project. J
Sincerely,
RALEIGH-DURHAM AIRPORT AUTHORITY
Thomas L. Que rry
Associate Ai Engineer
Photo 1. View looking southeast from National Guard Drive showing character
project site. Arrows indicate flagged trees that represent upstream and downstre:
limit of drain segment subject to DWQ Neuse_River Buffer Rules. 25 February 20
Photo 2. View looking uphill at drain proposed for the road crossing. Conflu
subject drain with larger drain (with water) that crosses under the National
Drive is visible in the lower center of the photograph. 25 February 2000
Photo 4. View looking uphill at drain proposed for the road crossing from n
confluence of subject drain with larger drain that crosses under the National Gm
Drive. Photo was taken from near culvert shown in photo 2. 17 November 1999
LUIICI MUMN INul?wulg LIM L:IIUI-UUMI- UI Urkuu. I I 1'4uvernucr I"JF I

Oki ;1)01 DWQ ID: COfl
fS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14 or Individual
4IiY
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
PAYMENT
RECEIVED
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).,
PLEASE PRINT.
1. OWNERS NAME: Raleigh-Durham International Airport c/o Miriam Gilkinson
2. MAILING ADDRESS: Raleigh-Durham Airport Authority, P.O. Box 80001
SUBDIVISION NAME:
CITY: RDII- Airport STATE: North Carolina ZIP CODE: 27623
1
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): New access road to Park and Ride Lot #3 off National Guard Drive
3. TELEPHONE NUMBER (HOME): (WORK): 919-840-2100
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: CZR Incorporated Attn: Samuel Cooper 4709 College Acres Drive, Suite 2
Wilmington, NC 28403 910 392-9253
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Wake, NC NEAREST TOWN OR CITY: Morrisville, NC
This site has been identified on a portion of the USGS topographic map (Appendix A-Figure 0.
SPECIFIC LOCATION (INCLUDE ROAD, NUMBERS, LANDMARKS, ETC.): Approximate 500-foot long
proposed access road that would connect with National Guard Drive about 2,000 feet east of the
intersection of Aviation Parkway and National Guard Drive.
6. IMPACTED OR NEAREST STREAM/RIVER: impacts to a first order drain to an unnamed tributa
to Haleys Branch RIVER BASIN: Neuse
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH
QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATER (ORW), WATER SUPPLY (WS-I, OR WS-
II)? YES[ I NO [ X I IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ I NO [ X I
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ X I NO [ I IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
Action ID. 199300014 and 198200031 for other sites on the property (Appendix B -
Attachment 1)
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ X I NO [ I IF YES, DESCRIBE ANTICIPATED WORK: possible other expansion projects
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 2.8 prolece site
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLAND LOCATED ON PROJECT SITE: none
10a. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: none
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 143' - jurisdictional, but not "important stream" FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): 2 FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: 0.5-1.0 FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: See Appendix A - Figure 2
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? A stormwater pond is not required for the access road.
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11 " DRAWINGS ONLY): Construction of an
access road to include earthwork, mechanized land clearing and grading, fill, and excavation
activities. Equipment to be used may include bulldozer, track hoe, loader pans and trucks. See
Appendix A-Figure 3.
13. PURPOSE OF PROPOSED WORK: Proposed road would serve as an important access corridor to
serve the expanded Park and Ride Lot #3 parking facility. Other needed access roads from National
Guard Drive are proposed at the other (southwest) end of the parking lot. Safety concerns prevent
the access roads from being constructed closer together; thus, the proposed access roads are in the
only practical locations. There is a strong need for additional parking to keep up with the growth
associated with the airport. Passenger traffic increased nearly 24 percent during 1999, which was
three times the average annual rate of growth since 1995.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
The expansion_of Park and Ride Lot_ #3 and associated access roads is positioned to utilize higher
elevation, upland areas. The alignment of the proposed access road was designed to avoid impacts
to wetlands. Fill to a small wetland area adjacent to National Guard Drive was avoided by the design
of a retaining wall lust west of the protect area and redesign of the turning lane. The alignment
resulted in avoiding wetlands and minimizing impacts to all Section 404 jurisdictional areas. No
wetlands will be impacted by the proposed protect.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE
PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: 30 March 2000 (Appendix B-Attachment 2) (ATTACH
RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT
AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
30 March 2000 (Appendix B-Attachment 3)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND?
YES [ X ] NO [ 1 (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES [ l NO [ X ] (less than 500 linear feet of disturbance to perennial stream channel)
4
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO[
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH
THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO
MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003,
TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS
ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT. See plat signed 1 November 1999 (Appendix B - Attachment 4). Areas adjacent to
the site were approved/signed-off on 5 August 1994 and re-certified in 1999 by the Corps of
Engineers.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. No wetlands would be impacted; however, photographs of the drain are found in
Appendix C.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. - No wetlands occur within the project
site. Wetland data forms accompanied both previous plats approved by the Corps of Engineers.
ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. not required
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Current land is in a state of
natural vegetation between existing parking lot and National Guard Drive. Proposed project
is consistent with planned use.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? not applicable
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. - (Appendix 13-
Attachment 5)
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (/N THE TWENTY COASTAL COUNT/ES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
Jowwo/ &Osk' -- GZ
/AGENTS SIGNATURE
) aA? ao?
DATE
(AGENT'S SIGNATURE VALID ONLY IF
AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.))
LOCATION MAP
PROPOSED ACCESS ROAD TO PARK AND RIDE - LOT 3
RALEIGH-DURHAM INTERNATIONAL AIRPORT
SCALE: N.T.S. APPROVED BY: DRAWN BY: KPC
DATE: 5/8/2000 FILE: PARK-RIDEI
CP#1810
4709 COLLEGE ACRES DRIVE
SUITE 2
SOURCE: USCS-CARY,N.C. TOPOGRAPHIC QUAD. PHOTO REVISED VALMINGTON, NORTH CAROLINA 29403
1997. NOTE: NATIONAL GUARD DIINE IS NOT SHOWN ON THE INCORPORATED TEL [phone] FIGURE 1
SOURCE MAP. 9NImmmtA OaNuwwm FAX [phone]
CULVERT/FILL/RIP-RAP
RIP-
TOE-OF-SLOPE L RAP
PROPOSED I ,I
?ACCESS ROAD
I i I I I
I I I
I i i I I
?,
CULLVRET
J
NATIONAL GUARD
DRIVE (EXISTING) I I I I?
I ? 2 3 I I?
-- - --- 4?------?
POINTS:
1. UPSTREAM POINT WHERE DRAIN MERGES WITH WETLAND.
2. UPSTREAM END OF SEGMENT SUBJECT TO NEUSE RIVER BUFFER RULES.
3. DOWNSTREAM END OF SEGMENT SUBJECT TO NEUSE RIVER BUFFER RULES.
4. CULVERT AND MERGE POINT OF ROADSIDE DRAIN WITH DOWNSTREAM DRAIN
THAT IS SUBJECT TO NEUSE RIVER BUFFER RULES.
1-4 SECTION 404 JURISDICTIONAL DRAIN,NON-WETLANDS
(NOT AN -AQAUTIC RESOURCE OR IMPORTANT DRAIN-).
IMPACTS TO SECTION 404 JURISDICTION AREAS
PROPOSED ACCESS ROAD TO PARK AND RIDE - LOT
RALEIGH-DURHAM INTERNATIONAL AIRPORT
SCALE: AS SHOWN APPROVED BY: DRAWN BY: KPC
DATE: 5/8/2000 FILE: PARK-RIDE1
0 60 120 CP#1810
AZR 4709 COLLEGE ACRES DRIVE
WILMINGTON, NORTH CAROLINA TUG,
SCALE IN rECr p„,"; ;;?°K'O?N, `n Az 910/ z 9139 FIGURE 2
'may lo,

IN,

LEGEND:
PROJECT BOUNDARY

NATIONAL GUARD DRIVE
S?
/40/ ?
PROPOSED WORK DRAWING
1?
LI/
Q.p
0 80 140
SCALE IN FEET
SOURCE: PARSONS WNCKUNAUFF QUADS & DOUGLAS, INC.
PROPOSED ACCESS ROAD TO PARK AND RIDE - LOT 3
RALEIGH-DURHAM INTERNATIONAL AIRPORT
SCALE: AS SHOWN APPROVED BY: DRAWN BY: KPC
DATE: 5/8/2000 FILE: PARK-RIDE3
4709 COLLEGE ACRES DRIVE cP#1810
SUITE 2
Z R
INCORiORAT ED MnuaINGTON, NORTTEL'10O 3f2?f62S3 FIGURE 3
f NrNR?RrK cnNaRT?Nrs FAX [phone]
Attachment 1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
wREPLY REFMTO November 23, 1992
Regulatory Branch
Action ID. 199300014 and General Permit
No. CESAW-C082-N-000-0031
Raleigh-Durham Airport Authority
Attn: Mr., Tom Quesenberry
Associate Airport Engineer
P.O. Box 80001
RDU Airport, North Carolina 27623-0001
Dear Mr. Quesenberry:
Reference is made to the application of September 29, 1992, submitted on
your behalf by CZR Incorporated, regarding your proposed construction of a new
interchange of S.R. 1002 with S.R. 3015, and airport access roads, across
unnamed tributaries to Brier Creek, Brier Creek Reservoir, and adjacent
wetlands, at Raleigh-Durham Airport, Wake County, North Carolina. In that
letter, you requested Department of the Army permit authorization for the
placement of fill material impacting a total of 2.37 acres of waters of the
United States, to facilitate the proposed construction.
a
On January 1, 1992, we renewed general permit, Action ID No. 198200031,
(copy enclosed), that authorizes the placement of fill material associated
with the construction, repair, or replacement of bridges across navigable
waters and waters of the United States in North Carolina, including
cofferdams, abutments, foundation seals, piers, temporary construction and
access fills, approach fills, detour fills, and box culvert installation, as
part of work conducted by or in full compliance with the standards and
specifications of the North Carolina Department of Transportation (NCDOT).
Your proposed work is authorized if you can comply with all permit
conditions, including the enclosed special conditions, and implement the
proposed mitigation plan, including monitoring. Please read the enclosed
permit to prevent an unintentional violation of Federal law. As this
Department of the Army general permit does not relieve you of the
should contact
responsibility to obtain any other required approvals, you
appropriate State and local agencies before beginning work.
r? -
-2-
If you have questions, contact Mr. Eric Alsmeyer, Raleigh Regulatory Field
office, telephone [phone], extension 23.
Sincerely,
ne Wri
4W
Chief, Regulatory Branch
Enclosure
Copy Furnished (with enclosure):
CZR Incorporated
Attn.: Mr. Sandy Smith
4709 College Acres Drive, Suite 2
Wilmington, North Carolina 28403-1725
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
a
SPECIAL CONDITIONS
1. Annual monitoring reports will be submitted within 30 days of site
monitoring (August-September).
2. one copy of each annual monitoring report shall be submitted to the
Corps of Engineers, Wilmington District, and three copies shall be submitted
to the North Carolina Division of Environmental Management.
3. Annual monitoring reports shall include photographs, sample plot data,
groundwater monitoring data, and soils data.
4. An "as built report", including final elevations, photographs, sample
plot locations, and well locations, shall be submitted to the Wilmington
District within 30 days of the mitigation site construction.
5. Construction of the mitigation sites shall be initiated at such time
to provide for planting of seedlings within the first suitable planting period
(December 1 through March 15) following commencement of project construction.
If project construction commences in the period December 1 through March 1,
and the permittee must delay planting until the next planting period, the
permittee must submit a written request, including justification, for a permit
modification.
6. In the event that the hydrological success criteria (saturated within
12 inches of the surface, ponded, or flooded for at least 26'consecutive days
(12.5%) of the growing season) is not met during the first year, hydrologic
monitoring will continue in successive years until the success criteria has
been met and documented.
7. All distrubed areas adjacent to the mitigation site will be stabilized
to prevent sedimentation into the mitigation site.
f r y.i
k DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
ru, P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1- 890
!NREPU(REFER TO April 28, 1993
Regulatory Branch
Action ID. 199300014 and General Permit No. CESAW-C082-N-000-0031
Raleigh-Durham Airport Authority
Attn.: Mr. Tom Quesenberry
Associate Airport Engineer
P.O. Box 80001
RDU Airport, North Carolina 27623-0001
Dear Mr. Quesenberry:
P )) 9?
Reference our letter dated November 23, 1992, confirming authorization by
the subject Department of the Army general permit for discharges of fill
material impacting a total of 2.37 acres of waters of the United States, to
facilitate your proposed construction of a new interchange of S.R. 1002 with
S.R. 3015, and airport access roads, across unnamed tributaries to Brier
Creek, Brier Creek Reservoir, and adjacent wetlands, at Raleigh-Durham
Airport, Wake County, North Carolina. Reference also the letter of February
25, 1993, submitted on your behalf by CZR, Incorporated, requesting
modification of the permit to allow you an extra year to cow?'Lete planting of
the mitigation sites.
Based on the information you provided in the letter, it was not advisable
for you to complete the mitigation planting in the first year following
construction, due to phasing and sedimentation considerations. Therefore, the
permit is hereby modified to allow an extension of the time for mitigation
planting to March 15, 1994. It is understood that all other conditions of the
original permit remain applicable and that the expiration date is unchanged.
Sincerely,
nD E C E ? V E j
G. Wayne Wright
2 a3 Chief, Regulatory Branch
CrZR, I NCORPO RAT£D
WILM11WLA NC

-2-
Copies Furnished
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
12t/R Incorporated
Attn.: Mr. Alexander P. Smith
4709 College Acres Drive, Suite 2
Wilmington, North Carolina 28403-1725
E
1

Attachment 2
TO:
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office- Box 33726
Raleigh, North Carolina 27636-3726
YYl r . Sam ? eQ Coo ?.?.? APR 14 470 9 Col 1 e9 e gyres - S v 4e eZ 86?
Wi 1VYX?n0 ??+9WC
Thank you for your letter requesting information or recommendations from the
U.S. Fish and Wildlife Service. This form provides the Service's.
pursuant to Section 7 of the Endangered Species Act, as amended (16 U.S.C.
1531-1543), and the Fish and Wildlife Coordination Act, as amended (16
U.S.C. 661-667d).
Re : C-ZZ -- R D l.) A 2Po 2T- ?,A (<t= C.o
Project Name/Location/County
?30 ao Oo _ o3 Sr
Date of Incoming Letter
Log Number
The attached page(s) list(sl the Federally-listed species which
may occur within the project area.
V Based on the information provided,-.it appears that your project site
'`- does not contain suitable habitat for any Federally-listed
endangered or threatened species known to occur in the aren.b;e
believe that the requirements of Section 7 of the Act have been
.satisfied. We remind you that obligations under Section 7
consultation must be reconsidered if: (1) new information reveals
impacts of this identified action that tray affect listed species or
critical habitat in a manner not previously considered; (2) this
action is subsequently modified in a manner that was not considered
in this review; (3) a new species is listed or critical habitat
determined that may be affected by the identified action.
If the proposed project will be removing pines 9" DBH or greater, or
30 years of age in pine or pine/hardwood habitat, surveys should be
conducted for active red-cockaded woodpecker cavity trees in
appropriate habitat within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to affect
the red-cockaded woodpecker, and you should contact this office for
further information.
Biologist D?at?e
Attachment 3
Sr.ATE
-
@pw?v??
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
James B. Hunt Jr., Governor Division of Archives and History
Betty Ray McCain, Secretary Jeffrey J. Crow, Director
April 14, 2000
Samuel Cooper
CZR Inc.
4709 College Acres Dr., Suite 2
Wilmington, NC 28403
Re: Raleigh-Durham International Airport Park & Ride #3 expansion, Wake County,
ER 00-93 76
Dear Mr. Cooper:
Thank you for your letter of March 30, 2000, concerning the above project.
We have conducted a review of the project and are aware of no properties of architectural, historic, or
archaeological significance which would be affected by the project. Therefore, we have no comment on the project
as currently proposed.
In the future, please address all correspondence to the following:
David Brook
Deputy State Historic Preservation Officer
4617 Mail Service Center
Raleigh, NC 276994617
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment, please
contact Renee Gledhill-Earley, environmental review coordinator, at 919/7334763.
Sincerely,
zGEIVED
R
/David Brook
Deputy State Historic Preservation Officer y?R 1 2000
DB:scb CZR Incorporated
Wilmington. NC
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount St., Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone] 733-8653
ARCHAEOLOGY 421 N. Blount St., Raleigh NC 4619 Mail Service Center, Raleigh NC 27699-4619 [phone] 715-2671
RESTORATION 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 27699-4613 [phone] 715-4801
SURVEY & PLANNING 515 N. Blount St., Raleigh NC 4618 Mail Service Center, Raleigh NC 27699-4618 [phone] 715-4801
Attachment 4
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Attachment 5
ZzRD_U<i?
JOHN C. BRANTLEY DURHAM
AIRPORT DIRECTOR KENNETH D. GIBBS
TREASURER
LENORE BEHAR
December 19, 1997
RALEIGH-DURHAM AIRPORT AUTHORITY
P. O. Box 80001, RDU Airport, North Carolina 27623 / 919-840-2100
Telefax / 919-840-0175
WAKE COUNTY
JAMES B. HYLER, JR.
DURHAM COUNTY
RONALD A. GREGORY
CHAIRMAN
GEORGE H. CONKLIN
RALEIGH
WILLIAM C. BURKHARDT
VICE-CHAIRMAN
JOSEPH M. SANSOM
RAY SPARROW
SECRETARY
CZR, Incorporated
Attention: Sam Cooper
4709 College Acres Drive, Suite 2
Wilmington, NC 28403
RE: Park and Ride Lot 3 Expansion, RDU 070279
To Whom It May Concern:

DEC 22 1ff
", -r':
The purpose of this letter is to grant CZR, Incorporated authorization to serve as an agent
and representative for the Raleigh-Durham Airport Authority in connection with securing
and administering environmental permits and related matters associated with the
referenced project. J
Sincerely,
RALEIGH-DURHAM AIRPORT AUTHORITY
Thomas L. Que erry
Associate Ai Engineer
Photo 2. View looking uphill at drain proposed for the road crossing. Conflu
subject drain with larger drain (with water) that crosses under the National
Drive is visible in the lower center of the photograph. 25 February 2000
Photo 1. View looking southeast from National Guard Drive showing character of
project site. Arrows indicate flagged trees that represent upstream and downstream
limit of drain segment subject to DWQ Neuse River Huffer Rules. 25 February 2000
Photo 3. View of downstream limit of drain segment subject to DWQ Neuse
Buffer Rules showing the character of drain. 17 November 1999
Photo 4. View looking uphill at drain proposed for the road crossing fro]
confluence of subject drain with larger drain that crosses under the National
Photo was taken from near culvert shown in photo 2.