20150088 Ver 2_Approval Letter_20191023

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NOFZI II CAROLINA
Environmental Quality
October 23, 2019
DWR # 20150088 v2
Buncombe County
Greater Asheville Regional Airport Authority
Attn: Lew Bleiweis
61 Terminal Dr, Suite 1
Asheville NC 28732
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Asheville Airport Apron Expansion
USACE Action ID. No. SAW-2018-00173
Dear Mr. Bleiweis:
Attached hereto is a copy of Certification No. WQC004205 issued to Mr. Lew Bleiweis and the Greater
Asheville Regional Airport Authority, dated October 23, 2019. 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 150B 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 htto://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] 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).
The petition may be faxed to the OAH at [phone], 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:
North Carolina Department of Environmental Quality I Division of Water Resources
® 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Greater Asheville Regional Airport Authority
D W R Project #20150088 v2
Individual Certification #WQC004205
Page 2 of 7
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, 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 Sue Homewood at 336-776-9693 or sue.homewood(ancdenr.aov if you have
any questions or concerns.
Sin el
Zzry,
Mac H�dpt, Acting Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants (via email)
Amanda Jones-Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Byron Hamstead, USFWS (via email)
Andrea Leslie, NCWRC (via email)
Todd Bowers, EPA, (via email)
DW R ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20150088v2AshevilleAirportApronExpansion(Buncombe)_IP.docx

Greater Asheville Regional Airport Authority
DWR Project #20150088 v2
Individual Certification #WQC004205
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004205 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 15 NCAC 02H .0500,
to Mr. Lew Bleiweis and the 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 April 2, 2019 and subsequent information on July 3, 2019, August 30, 2019,
September 5, 2019, and October 22, 2019, and by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on April 8, 2019.
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. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)] and
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
SA
398 (linear feet)
0 (linear feet)
SB
69 (linear feet)
0 (linear feet)
404/401 Wetlands
WA
0.22 (acres)
0 (acres)
2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the AFFP, LLC Mitigation Bank to meet the stream mitigation
requirement and from the Division of Mitigation Services (DMS) to meet the wetland mitigation
requirement. Until the AFFP, LLC Mitigation Bank and DMS receive and clear your payments, and
proof of payments has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment
to the AFFP, LLC Mitigation Bank and to DMS to meet the following compensatory mitigation
requirement. [15A NCAC 02B .0506(h)]:
Compensatory Mitigation Required
River and Sub -basin Number
Stream
398 (feet)
French Broad - 06010105
Wetland
0.22 (acres)
French Broad - 06010105
3. Visual monitoring of the unnamed tributary at SA shall be conducted by the Permittee at the outlet
of Existing Pipe 15 across Terminal Drive and extend for 250 feet of the unnamed tributary. Baseline
conditions shall be documented by photographs taken of the stream and streambank conditions

Greater Asheville Regional Airport Authority
DW R Project #20150088 v2
Individual Certification #WQC004205
Page 4 of 7
prior to commencement of construction. Monitoring shall begin immediately following the
installation of new built upon area from this project and quarterly thereafter for three years.
Monitoring and photographs shall occur at least once a year during a rain event that results in
precipitation amounts of %z inch or greater. If visual monitoring indicates that banks of the tributary
are exhibiting erosion or that the channel is significantly flooded during precipitation events, the
Division Asheville Regional Office (ARO) shall be notified in writing.
4. If monitoring conducted pursuant to Condition #3 indicates that the unnamed tributary is
overwhelmed, unstable, or that the banks of the tributary are unstable, then the Permittee shall
conduct a detailed analysis of the cause and propose a resolution to the Division Asheville Salem
Regional Office (ARO). Upon approval by the Division ARO, the Permittee shall implement the
resolution accordingly and in a timely manner.
S. 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. Any modifications to the project require notification to the
Division and may require an application submittal to the Division with the appropriate fee. [15A NCAC
02H .0501 and .0502]
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
7. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973).
8. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
stream banks or within wetlands. (15A NCAC 02B .0201]
10. An NPDES Construction Stormwater Permit (NCGO10000) is required for construction projects that
disturb one (1) or more acres of land. The NCGO10000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
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. [15A NCAC 02H .0506(b)(5) and (c)(5)]
11. All work in or adjacent to streams 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 NCsediment 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)]

Greater Asheville Regional Airport Authority
DWR Project #20150088 v2
Individual Certification #WQC004205
Page 5 of 7
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]
13. If concrete is used during 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. [15A NCAC 02B .0200]
14. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed, and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross -sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
15. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. 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 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)]
17. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
18. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
19. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic

Greater Asheville Regional Airport Authority
DWR Project #20150088 v2
Individual Certification #WQC004205
Page 6 of 7
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
21. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless
of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons
that cannot be cleaned up within 24 hours.
22. Mr. Lew Bleiweis and the 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 the 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 the 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.
23. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
Division website https://edocs.deci.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
24. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
25. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.

Greater Asheville Regional Airport Authority
DWR Project #20150088 v2
Individual Certification #WQC004205
Page 7 of 7
26. This certification grants permission to the director, an authorized representative of the Director, or
Division staff, upon the presentation of proper credentials, to enter the property during normal
business hours. [15A NCAC 02H .0502(e)]
27. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
28. The permittee shall report to the Asheville Regional Office any noncompliance with this certification,
any violation of stream or wetland standards [15A NCAC 02B .0200) including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B
.0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances. A written submission
shall also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
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]
This the 231 day of October 2019
Mac Hat, Acting Supervisor
401 & Buffer Permitting Branch
SLH
WQC004205