HomeMy WebLinkAbout20071841 Ver 6_Approval Letter_20160405Water Resources
ENVIRONMENTAL QUALITY
April 5, 2016
Greater Asheville Regional Airport Authority
Attn: Mr. Lew Bleiweis
61 Terminal Drive, Suite 1
Fletcher, NC 28732
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Se, reimy
S. JAY ZIMMERMAN
Director
DWR # 07-1841 v6
Buncombe County
Subject: Approval of Individual 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 Greater
Asheville Regional Airport Authority, dated April 5, 2016. This Certification replaces the
Certification issued on March 22, 2016. This Certification was issued to correct the spelling of Mr.
Bleiweis' name and the name of the applicant. The March 22, 2016 modification was requested
by the applicant to authorize additional impacts at the southern end of the airport based on
finalized, detailed plans of the project and Federal Aviation Administration regulations governing
the runway safety area. Please note that you should get any other federal, state or local permits
before proceeding with the subject project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
State of North Carolina I Env iromnental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Greater Asheville Regional Airport Authority
DWR# 07-1841 v6
Individual Certification #3753
Page 2 of 8
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Zan Price at 828-296-4500 or zan.price@ncdenr.gov orJennifer
Burdette at 919-807-6364 or lennifer.burdette@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervisor
i 401 & Buffer Permitting Branch
cc: Rebekah Reid, ClearWater Environmental Consultants, Inc., 32 Clayton Street,
Asheville, NC 28801
USACE Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR ARO 401. file
DWR 401 & Buffer Permitting Branch file
Filename: 071841v6AshevilleAirportRunwayRehabParallelTaxiCargoHoldWest_401_IC_Mod_Corrected.docx
Greater Asheville Regional Airport Authority
DWR# 07-1841 v6
Individual Certification #3753
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3753 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC
02H .0500, to Mr. Lew Bleiweis and Greater Asheville Regional Airport Authority, who have
authorization for the impacts listed below, as described within your application received by the
N.C. Division of Water Resources (Division) on June 14, 2011 and subsequent information on
August 30, 2011, September 15, 2011; by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on June 24, 2011, modification request received by the
Division on January 4, 2013 and subsequent information on February 11, 2013; a second
modification request received by the Division on February 22, 2013; and a third modification
request received by the Division on February 5, 2016 and subsequent information received on
March 7, 2016, March 8, 2016 and March 18, 2016.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following additional impacts are hereby approved provided that all of the conditions of
the Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02B .0506(b) & (c))
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Stream
S1—Impact #2
Stream Stabilization!
0 (linear feet)
530 (linear feet)
S2 —Impact #3
90 (linear feet)
0 (linear feet)
Culvert Extension
S3 —Impact #4
Stream Stabilization!
0 (linear feet)
900 (linear feet)
Stream Totals
90 (linear feet)
1,430 (linear feet)
404/401 Wetlands
W1— Impact #1
Sediment Basin D
0.03 (acres)
0 (acres)
Resizing
1 Stream stabilization proposed to be accomplished using natural channel design.
Greater Asheville Regional Airport Authority
DWR# 07-1841 v6
Individual Certification #3753
Page 4 of 8
The following impacts were previously approved by Individual Water Quality Certification
#3753 originally issued on August 22, 2008 and modified most recently on February 22, 2013
and Individual Water Quality Certification #4024 issued on June 16, 2015.
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Certification #3753
Stream
3,469 (linear feet)
0 (linear feet)
404/401 Wetlands
1.259 (acres)
t 0 (acres)
Certification #4024
Stream
0 (linear feet)
0 (linear feet)
404/401 Wetlands
0.15 (acres)
t 0 (acres)
2. Compensatory Mitigation
A total of 4,469 linear feet of stream credits have been purchased from the NC Ecosystem
Enhancement Program (EEP) by receipts dated December 11, 2008, October 27, 2011 and
March 11, 2013 and 397 linear feet of stream credits have been purchased from the Wash
Creek Mitigation Bank by receipt dated March 11, 2013 to meet the mitigation requirement
for previously approved stream impacts. A total of 1..768 acre of wetland credits were
purchased from EEP by receipts dated December 11, 2008, March 11, 2013 and February 1,
2016 to meet the mitigation requirement for previously approved wetland impacts. Because
mitigation paid for previously approved stream and wetland impacts exceed the Division's
requirement for mitigation at a 1:1 ratio, no mitigation is required for the additional impacts.
3. Stormwater Management Plan
The SMP approved by the Division of Energy, Mining and Land Resources by letter dated
October 13, 2013 under Senate Bill 229, Section 6 meets the requirements of the 401
Certification Program. This modification does not include the addition of impervious area
and is therefore consistent with the previously approved plan. [15A NCAC 02H .0506(b)(5)]
4. 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 Pre -Construction Notification for this
project. 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. [15A NCAC 02H .0501 and .0502]
Greater Asheville Regional Airport Authority
DWR# 07-1841 v6
Individual Certification #3753
Page 5 of 8
5. 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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Storrnwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
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.
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.
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 Energy, Mineral and Land Resources (DEMLR) or locally
delegated program has released the specific area within the project. [15A NCAC 02H .0501
and .0502]
Construction Stormwater Permit NCG010000
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
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:
Greater Asheville Regional Airport Authority
DWR# 07-1841 v6
Individual Certification #3753
Page 6 of 8
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. 15A NCAC 02H .0506(b)(5) and
(c)(5)]
8. Work in the D
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
10. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
.0506(b)(2) and (c)(2)]
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) 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.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. Additionally, when roadways,
causeways, or other fill projects are constructed across FEMA -designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
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.
11. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
Greater Asheville Regional Airport Authority
DWR# 07-1841. v6
Individual Certification #3753
Page 7 of 8
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
12. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material free
of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific
areas required for velocity control and to ensure integrity of bank stabilization measures. [15A
NCAC 02H .0506(b)(2)]
13. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02.B .0231]
14. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
15. Continuing Compliance
Mr. Lew Bleiweis and Greater 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 and Federal law. [15A NCAC 02B .0200] 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. Before modifying the Certification, the Division shall notify Mr. Lew Bleiweis
and Greater 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 Greater 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.
1.6. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
Greater Asheville Regional Airport Authority
DWR# 07-1841 v6
Individual Certification #3753
Page 8 of 8
17. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
18. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
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. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 5th day of April 2016
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/jab
3753