20071841 Ver 4_Approval Letter_20110930

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 30, 2011
Mr. Lew Bleiweis, Airport Director
Asheville Regional Airport Authority
61 Terminal Drive, Suite 1
Fletcher, NC 28732
Re: Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion (West)
Buncombe County
DWQ #20071841, Ver. 4; USACE Action ID. No. SAW-2010-00036
Ut to French Broad River [040302, 6-(54.5), B]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bleiweis:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3753 issued to Mr. Lew Bleiweis and Asheville Regional
Airport Authority, dated September 30, 2011. This Certification replaces the Certification issued to
you on August 22, 2008. In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
?.` ?Coleen H. Sullins
CHS/kah/Um
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District, USACOE
Chuck Cranford, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Clement Riddle, CEC, 224 South Grove Street, Suite f, Hendersonville, NC 28792
Filename: 071841 Ver4AshevilleAirportRunwayRehabilitationYarallelTaxiwayAndCarboHoldExpansion_West(Buncombe)401_IC
We' ends, Bufters, Stone jater' ompI ance and Per,,iitting l'niI (WeBSCaPe)
165E Mail Service Center. Rnleic i, Nnith Carolina 2%699 161
0
Pho,,e:9I9-8r, 53001FAX 91b-807-64 =
Intr eA http., arlal ncdeni oru% eb ,,iq;';_
,n I ,"u Opp 'unity, Affhm h , ;lion' ?,p!oyer
Mr. Lew Bleiweis and Asheville Regional Airport Authority
Page 2 of 6
August 17, 2011
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 Mr. Lew Bleiweis and Asheville Regional Airport Authority,
have permission to fill or otherwise impact 0.9 acres of 404/wetland and 2,076 linear feet of stream, to
construct the proposed Asheville Regional Airport expansion, which is located at 61 Terminal Drive, in
Fletcher, Buncombe County, North Carolina, pursuant to an application dated June 8, 2011, and received by
the DWQ on June 14, 2011, and by Public Notice issued by the USACE on June 24, 2011, and received by
the DWQ on June 24, 2011, and by additional information received on August 30, 2011, and September 15,
2011.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is for the purpose and design submitted in the application materials and as described in the
Public Notice. If the project is changed, prior to notification a new application for a new Certification is
required. If the property is sold, the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions of this Certification. Any new owner
must notify the Division and request the Certification be issued in their name. Should wetland or stream
fill be requested in the future, additional compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in
stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and
a new application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts to
wetlands, streams, and/or buffers, are approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.9 (acres) Application
Stream 2,076 (linear feet) Application
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent vLrsion of the Norfh Carolina
Sediment ot:d Frosion Contr w Planning and Des %g,. Manual.
Mr. Lew Bleiweis and Asheville Regional Airport Authority
Page 3 of 6
August 17, 2011
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities;
Continuing Compliance:
6. Mr. Lew Bleiweis and Asheville Regional Airport Authority shall conduct construction activities
in a manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, the
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification, the Division shall notify Mr. Lew Bleiweis and Asheville
Regional Airport Authority, and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Lew Bleiweis
and Asheville Regional Airport Authority in writing, shall be provided to the United States Army
Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water
Act, and shall also become conditions of the 404 Permit for the project;
Mitigation:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a paym ,nt to the Wetland i Restoration Fund adm' nistered by
the NC Ecosystem Enhance >ent Frogram (FE,') to i>ieet this mit,gatioo requiremew... This has
Mr. Lew Bleiweis and Asheville Regional Airport Authority
Page 4 of 6
August 17, 2011
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Type of Wetland Compensatory Mitigation Required River and Sub-basin Number
404/Wetlands - riparian 1.259 (acres) French Broad/06010105
Stream (perennial) 2,069 (linear feet) French Broad/06010105
8. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at: http:/lportal.ncdenr.org/c/document 1ibrary1 etfi1e?uuid=d15e7ee8-cb50-443f
9dcf-049b001337ac&Proupld=38364 ;
9. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
The approved SMP as well as drainage patterns must be maintained in perpetuity.
The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
10. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(hLtp://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
he designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in , perched manner. -he pipes shall be r.-,moved and re-
installed corgi coly.
Mr. Lew Bleiweis and Asheville Regional Airport Authority
Page 5 of 6
August 17, 2011
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
11. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at:
http://portal.ncdenr.org/c/document _library/get®file?uuid=ef84dOe 1-5fc9-4183 -87b5-
2f9d7ebl52e0&groupId=38364. The text of the sample deed notification maybe modified as
appropriate to suit to this project.
12. Stormwater Management
Before any permanent impervious surface (i.e., building, roadway, taxiway, tarmac or other
similar surface) is installed as part of any phase of the project described in this certification,
the applicant must meet all of the following:
• The Stormwater Management Plan (SMP) must be approved in writing by the City of
Asheville. A copy of the approval letter and approved SMP must be submitted to the
Division prior to installation of any impervious surface within the project site. If the
project is phased, then the approved SMP for each phase must be submitted to the
Pivision prioi to in ;tallation of, ny iniperviOUS sui :aces associated ?? nth that phase
Mr. Lew Bleiweis and Asheville Regional Airport Authority
Page 6 of 6
August 17, 2011
The approved stormwater best management practices (BMPs) must be constructed and
operational before any permanent building or other structure is occupied or becomes
operational. If the project is phased, then the approved BMPs for each future phase must
be constructed and operational before any permanent building or other structure
associated with that phase is occupied or becomes operational.
The approved SMP, phased or otherwise, as well as drainage patterns must be maintained
in perpetuity.
The SMP may not be modified without prior written authorization from the SMP
approval authority.
13. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
Coleen H. Sullins
This the 30`h day of Septe er 2011
DNISI,ON OF W LITY
3 753
CHS/kalgm
N71
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Lew Bleiweis and Asheville Regional Airport Authority, have
permission to fill or otherwise impact 0.9 acres of 404/wetland and 2,076 linear feet of stream, to construct the
proposed Asheville Regional Airport expansion, which is located at 61 Terminal Drive, in Fletcher, Buncombe
County, North Carolina. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT
THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20071841, Ver. 4
NC EEP NAME: Asheville Airport Expansion
LOCATION: Asheville
COUNTY: Buncombe
BASIN/ SUB BASIN: French Broad/06010105
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
1.259 Acres Riparian Wetlands 1.259 Acres Riparian Wetlands
2,076 Linear Feet of Stream 2,076 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 071841 Ver4AshevilleAirportRunwayRehabilitationParaliciTaxiwayAndCargoHoldExpansion_West(Buncombe)401_IC_EEP
heflands, Buffers, : fonw, "er, Comp Iianee an, Pero I FIg Unit ('NeBSCaF
Y)') P:1a: Service Gent:., F,ale:ih H.?th Cav)hi:_i ? 1;?50
hors -807 5301 1 FAX 91 r' 80 ;491
rand _ipa/poiial.ncd?n :?i ,, Aal lr?a,s
q,,,' ';)Po?1i_Inily -'W ,e ley