HomeMy WebLinkAbout20071841 Ver 5_Approval Letter_20130222fith
NCdVE R-
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
February 22, 2013
DWQ #: 07 -1841 v5
Buncombe County
Asheville Regional Airport Authority
Attn: Mr. Lew Bleiweis, Airport Director
61 Terminal Drive, Suite 1
Fletcher, NC 28732
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions —
MODIFICATION
Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold
Expansion (West)
USACE Action ID. No. SAW- 2010 -00036
Dear Mr. Bleiweis:
Attached hereto is a copy of Certification No. 3753 issued to Mr. Lew Bleiweis and Asheville
Regional Airport Authority, dated February 19, 2013. This Certification replaces the
Certification issued to you on October 27, 2011 and February 19, 2013. In addition, you
should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) NPDES Stormwater Permit, Solid Waste, Sediment and Erosion
Control, Dam Safety, Non - discharge and Water Supply Watershed regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
http: / /www.ncoah.com/ or call (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Wetlands, Buffers, Stormwater — Compliance and Permitting (Webscape) Unit 1�7One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 i� O §.aroh P hone 512 N Salisbury St Raleigh, North Carolina 27604 �Phone 919$07 63001 FAX 919$07 64941 Customer Sernce 1 877$23 -6748
Internet a w ncwaterquality org
Asheville Airport Runway Rehabilitation Parallel
Taxiway and Cargo Hold Expansion (West)
Page 2 of 8
February 22, 2013
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
1 �
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
R. Clement Riddle, CEC, 224 South Grove Street, Suite F, Hendersonville, NC 28792 (via elm't 1>
Tasha McCormick, U.S. Army Corps of Engineers, Asheville Regulatory Field Office
DWQ ARO 401 files
File Copy
Filename: 071841v5AshevilleAirportExpansion (Buncombe)401_IC.docx
Asheville Airport Runway Rehabilitation Parallel
Taxiway and Cargo Hold Expansion (West)
Page 3 of 8
February 22, 2013
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
(Division) Regulations in 15 NCAC 02H .0500, to Mr. Lew Bleiweis and Asheville Regional Airport
Authority, who have authorization to place fill within or otherwise impact 0.9 acres of
404 /wetland and 1,796 linear feet of stream, as described within your application received by the
N.C. Division of Water Quality (Division) on June 14, 2011, 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, September 15, 2011, January 4, 2013 and February 11, 2013.
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 that you described in your application and as '
described in the Public Notice. If you change your project, you must notify us and you may be
required to send us a new application. If the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. Any new owner must notify the Division and request the Certification be issued in
their name. If total fills for this project (now or in the future) exceed one acre of wetland or
150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC
02H .0506 (h). This approval requires you to follow the conditions listed in the certification
below.
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 are
approved including incidental impacts:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
404/ Wetland
0.9 (acres)
Application
Stream
1,796 (linear feet)
Application
2. Compensatory Mitigation
Mitigation must be provided for the impacts as specified in the table below. We understand
that you wish to make payment to the Wetland and Stream Restoration Funds administered
by the NC Ecosystem Enhancement Program (EEP) and to the Wash Creek Mitigation Bank
to meet this mitigation requirement. This has been determined by the Division to be a
Asheville Airport Runway Rehabilitation Parallel
Taxiway and Cargo Hold Expansion (West)
Page 4 of 8
February 22, 2013
suitable method to meet the mitigation requirement. Until EEP and Wash Creek
Mitigation Bank receives and clears your check, no impacts specified in this Certification
shall occur.
For accounting purposes, this Certification authorizes payment into the Wetland and
Stream Restoration Funds and to Wash Creek Mitigation Bank to meet the following
compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin
Number
Phase #1— Cargo Area
404 /Wetlands —
0 (acres)
French
riparian
Broad /06010105
Stream
1,225 (linear feet)
French
(perennial)
Broad /06010105
Phase #2 — Parallel Taxiway
404 /Wetlands —
1.259 (acres) [0.359 acres was mitigated for in
French
riparian
Version 1, therefore 0.9 acres is required]
Broad /06010105
Stream
571 (linear feet) [174 linear feet from EEP;
French
(perennial)
397 linear feet from Wash Creek Mitigation
Broad /06010105
Bank]
3. 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
Division prior to installation of any impervious surfaces associated with that phase.
• 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.
Asheville Airport Runway Rehabilitation Parallel
Taxiway and Cargo Hold Expansion (West)
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February 22, 2013
4. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
S. 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 /401Permit 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. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of
this permit.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream 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 (DLR) or locally delegated program
has released the specific area within the project.
7. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
Asheville Airport Runway Rehabilitation Parallel
Taxiway and Cargo Hold Expansion (West)
Page 6 of 8
February 22, 2013
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance' with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at
http: / /portal.ncdenr.org /web /wci/ws /su /npdessw#tab -w.
8. 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
(http: / /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 be 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 a perched
manner, the pipes shall be removed and re- installed correctly.
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.
Asheville Airport Runway Rehabilitation Parallel
Taxiway and Cargo Hold Expansion (West)
Page 7 of 8
February 22, 2013
9. 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.
10. Continuing Compliance
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 02H .0507(d). Before modifying the Certification, the Division
shall notify Mr. Lew Bleiweis and Asheville Regional Airport Authority and the U.S. Army Corps
of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H .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 U.S. 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.
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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
web site at: http: / /portal.ncdenr.orpJweb /wq /swp /ws/ 401 /certsandpermits /apply /forms.
The text of the sample deed notification may be modified as appropriate to suit to this
project.
12. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http: / /portal.ncdenr.orpJweb /wq /swp /ws/ 401 /certsandPerm its /apply /forms).
13. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
Asheville Airport Runway Rehabilitation Parallel
Taxiway and Cargo Hold Expansion (West)
Page 8 of 8
February 22, 2013
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 LAMA Permit.
This the 22nd day of February 2013
DIVISION OF WA'
Charles Wakild, P
Director
CW/ kah /ijm
3753
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