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HomeMy WebLinkAbout20200274 Ver 1_Authorization2007_20200218Michael F. Easley, Govemor o��F wA�F9°� ❑ Niii� "C' Mr. Dennis Goodson, P.E. Deputy Base Civil Engineer 4"' Civil Engineer Squadron I095 Peterson Avenue Seymour Johnson AFB, NC 27531-2355 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources February 6, 2007 Subject Property: Seymour Johnson AFB, Goldsboro, NC Neuse River [030305, 27-(56), C, NSW] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-0884v.2 County: Wayne AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization Certificate Dear Mr. Goodson: You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact approximately 5.17 acres of the protected riparian buffers (3.17 from the previous Division of Water Quality (DWQ) approval dated July 21, 2004, and an additional 2 acres referenced in your request received by the DWQ on February 2, 2007) for the purpose of clearing vegetation to ensure flight safety at the subject property as described within your letter received by the DWQ on February 2, 2007. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge regulations. This authorization is for the purpose and design that you described in your application. 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 authorization letter and is thereby responsible for complying with all conditions. This authorization requires you to follow the conditions listed below. The Additional Conditions of the Certification are: 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 arc approved including incidental impacts: Amount Approved Units Plan Location or Reference Buffers 5.17 acres (3.17 acres Existing Clearing Easements from the July 21, 2004 DWQ approval + 2 acres from your letter received by DWQ on February 2, 2007 401 OversightlExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 2 7699-16 50 2321 Crabtree Boulevard, Suitt 250, Raleigh, North Carolina 27604 Phonc: 919-733-17961 FAX 919-733-68931Intcrriet: htip Ifh2 .rnr.state. nc.uslncweIland s An Equal OpportunitylAPFirmative Action Employer -- 50% Recycled)10% Post Con surncr Paper tai Carolina arallil Seymour Johnson AFB Page 3 of 3 February 6, 2007 7. Certificate of Completion Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 40I Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 8. 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 prior to impacting any wetlands, waters and/or buffers approved for impact under this Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at. http://ii2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall expire five (5) years from the date of this letter. This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0233. If you have any questions or would like a copy of the buffer rules, please call Amy Chapman at (919) 733-1786, This letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. Sinc ely, AIan W. Klimek, P.E. AWKIcbklasc Enclosures: Certificate of Completion cc: Kirby Wills; 1015 Stallings Road; Durham, NC 27703 Mike Horan, ❑WQ Raleigh Regional Office Df,R Raleigh Regional Office File Copy Central Files Filename: 040884v25eymourlohnsonAFSTrecRemoval{ Wayne}NSA DEPARTMENT OF THE AIR FORCE 4TH FIGHTER WING (ACC) SEYMOUR JOHNSON AIR FORCE BASE NC ,�A�V 3 �. 2pp? v � at} - r)g8� Mr. Dennis Goodson, P.E. Deputy Base Civil Engineer 4th Civil Engineer Squadron 1095 Peterson Avenue Seymour Johnson AFI3 NC 27531-2355 Ms. Amy Chapman Division of Water Quality 401 Wetlands Unit 2321 Crabtree Blvd Suite 250 Raleigh NC 27604 Dear Ms. Chapman In reference to the attached letter signed by Mr. Alan Klimek, dated 21 Jul 2004, to cut and maintain the vegetation along the affected sections of the Neuse River riparian buffer in an area directly adjacent to the West end of the runway at Seymour Johnson Air Force Base in Goldsboro NC (Wayne County). The original approval was for 3.17 acres along the Neuse River. Since that request two additional areas have been identified as blue line streams. These areas include a small pond that leads into a longer drainage canal and are identified in Attachment 2. The tree removal is necessary to ensure flight safety. Over time, the trees have grown into the Approach -Departure Clearance Surface. The plan is still to cut the trees and shrubs leaving all stumps in the ground. No grubbing will occur. Future plans are to allow for natural regrowth, until the vegetation reaches a height requiring repeated removal. We ask your concurrence with the proposed tree removal in the riparian buffer of the pond and two blue line streams as an exempt action. I£you need further information, please call Darlene Varani at (919) 722-5572. �fJ vF:Nii WAi,tR QUA11 , "titAND;,,,T)SrpgW.'AT kstRa',c�t Attachments: Sincerely DENNIS G. GDOD N, P.E. 1. DWQ Approval Ltr, 21 Jul 04, & Original SJAI:B Request, 17 May 04 2. Map of West Runway Approach Area GAO&dT mrfnr-Awrira �. -- - . _- . . -- ­ .­._ -_- - I lJ. n247rCC.7A 17 Seymour Johnson AFB 1 DWQ Project No. 04-0884 Wage 2 of 2 July 21, 2004 2. Diffuse Flow - An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive velocities through the protected stream buffers and will not re -concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). 3. No grubbing, grading or soil disturbance shall occur within and no fill shall be placed within Zone I of the protected riparian buffer. 4. No impervious surfaces (including but not limited to concrete, asphalt, rock, gravel, etc.) shall be placed within the protected riparian buffer. 5, You aie xequixed to ensue that the protected riparian buffer it -mains vegetated and that activities that prevent this do not occur. Please note that the DWQ concurs duz"he propo.tcd tree and shrub removal in the riparian buffer zone of the Neuse River is an "exempt" action due to the pre-existing 1979 easement that authorizes the clearing of vegetation along the Neuse River, as long as Zang as you comply with the condifknu of this authorization. Only the activity ofmaintaining maintaining the vegetation as described within your letter is exempt front the rule. You must corAply with all other requirements of the 13A NCAC 02B .0233. Any disputes over determinations regarding this Authoriz4ion Certificate (associated with the approved buffer impacts) shall be referred in writing to the birectour for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S.150B. This Authorization Certificate shall expire five (5) years from the date of this letter. This letter completes the review of the `No Practical Alternatives" determination under I5A NCAC 2B .0233. if you have any questions or would ]dce a copy of the buffer rules, please call (919) 733-1786. This letter dues not authorize any impacts to either Waters of the United. States or Waters of the State. Please contact the US Army Corps of Baginaers (USAC ) or NC Division of Water Quality (DWQ) if any impacts .am proposed to either of these waters. Sincerely, Alan *WlMraek, PS CC., Tom Steffens, DWQ Washington Regional Office DLR WasEngm Regional CIFI,;e File Copy Central Files M Filename: 040884 If you need further information, please call Dr. Johanna E. Arnold in the Environmental Management Office at (919) 722-5168. Sincerely n MICHAE .COATS, Lt CaI, USAF Attachments: 1. Unified Facilities Criteria (UFC) Airfield and Heliport Planning Design, Page 3-22 2. Map of West End of Runway 3. USAF Easement with the City of Goldsboro cc: 4CESICECN (I Lt Anthony Gibbons) Chapter 3 Figure 3.13. Class B Army and Air Force Runway End and Clear Zone Retails. �.L I•.;��_�•� •_�1� PROFILE 3-22 =T OP Real Estate �w Excise Tax a M �� LtNA ,r ' tuarrt� Z Q i. 00 — ., + ea.iorss P NORTH CAROLINA Bou j; �? •� I WAYNE COUNTY THIS DEED OF EASFXENT, made this;Vt" day of February, 1979, by and between THE CITY OF GOLDSBORO, NORTH CAROLINA, Grantor, and THE UNITED STATES ❑F AMERICA, and its assigns, Grantee; W I T N E S S F T fi: That the Grantor, in consideration of One M- 00) dollar: --and other valuable considerations to it paid by the Grantee, the receipt of which is hereby acknowledSeed, has bargained and sold, and by these presgnts does grant, bargain, sell and convey unto the Grantee, and its assigns, a perpetual and assignable easement over certain parcels of land for the establishment, maintenance and operation of a restricted used area, for the operation of aircraft to and from Seymour Johnson Air Force Base (however, reserving unto The City of Goldsboro certain rights and privileges as hereinafter set forth), and more particularly described as follows: Tract No: 164E-1 Acreage: 36.99 All that tract of land situate in Brogden Township, Wayne County, North Carolina, being bound now or formerly on the North by other land of the City of Goldsboro, East by the Neuse River; South by land of the United States of America; West by land of the City of Goldsboro, and being more particularly described as follows: Beginning at a concrete monument, stamped number 1 on the western bank of the Neuse River having a coordinate value of N 578,995.49 feet and F 2,301,741.51 feet; thence, along the western bank of the Neuse River in a southeasterly direction approximately 22.00 feet (a tangent bearing and distance of S 12-58' 45" F. 20.75 feet) and in a southeasterly direction approxi- mately 115.00 feet to tangent bearing and distance of S 67-51' 56" E 114.00 feet) and in a southeasterly direction approximately 152.00 feet (a tangent bearing and distance of S 53-51' 54" F. 150.70 feet) and in a southeasternly direction approximately 192.00 feet ( a tangent bearing and distance of S 38-11' 576 L. 191.10 feet) and in a southeasterly direction approximately 206.00 feet (a tangent hearing and distance of S 23-19' 54" E 204.70 feet) and in a southeasterly direction approximately 950.00 feet (a tangent bearing and distance of S 33-40' 39" E t788.04 feet) to a corner of the land of the United States of America; thence, leaving the western banks of the Neuse River with the land of the United States of American S 72-30' 19" W. 1320.00 feet to a corner of other land of the City of Goldsboro; thence, with a new line through the land of the City of Goldsboro N 17-29' 41" 11 1450.00 feet, and N 72-30'19" E 808.65 feet to the point of beginning and containing 36.99 acres more or less. . ... �•. �..='t�;;�-�"z.: e-••, Y7`x 7-•eYy� rNnw� � � ".. �.��y� lr..� \ �r.•_e.:,i.:;',. .... b. aircraft and aircraft engines operating on the ground at Seymour Johnson Air Force Base; and, C. aircraft engine test -stand operations at Seymour Johnson Air Force Base. '' 2. The right to regulate or prohibit the release into the air of any substance which would impair the visibility or otherwise inter- fere with the operations of aircraft, such as, buO not limited to, steam, dust, and smoke. 3. The right to regulate or prohibit light emissions, either direct or indirect {reflective), which might interfere with pilot vision. 4. The right to prohibit electrical emissions which would inter- fere faith aircraft and Air Force corimunicat ions systems or aircraft navigational equipment. 5. There is presently located on the land in question a sewage treatment facility which may or may not be enlarged by the City of rolds- horn. Except for the right to maintain said present sewage treatment facilities and to construct additional sewage facilities as the City of Goldsboro may find necessary, subject, however, to existing easement restrictions, the United States of America shall have the right to pro- hibit or remove any buildings or other nonfrangible structures. 6. The United States of America shall have the right to tap. cut to ground level, and to remove trees, shrubs, brush, or other forms Of obstruction which the Commanding Officer of Seymour Johnson Air Force Base deternines might interfere with the operation of aircraft, including emergency landings. 7. The United States of America shall, have the right of ingress and egress upon, over, and across said land for the purpose of exer- cising the rights set forth herein. B. The United States of America shall have the right to post signs on said land indicating the nature and extent of the United States' control over said land. 9. The United States of America shall have the right to prohibit all other land uses except the following- ::�-,.:-. ��s .4� i i[ .[`'-�5f;�t. T. �e'::• '••�S}r�•9F,-� ;. �'i� +.��?4 �i.�ir.r�...::trN•[y �'�i��'4 � �,^��='y'ly"l��►.°�"li ��r' .� } i.1 'T y -rt4• •4; r..� .u I ''+;''•' "4 • t a �.yx '�i Y_. .. r _ ,a��'-, F �•{Y,{:::, � ��#;gip granted herein, and the City of Goldsboro expressly releases and relin- quishes any and all claims against the United States of America for further or future payment of consideration for the aforesaid easement and rights granted herein. .y TO HAVE AND TO HOLD said right and easement to it, the said Grantee, and its assigns, forever. IN TESTIMONY WHEREOF, the City of Goldsboro, party of the first part, has caused this Deed of Easement to be signed in its narle by its Mayor, and its common seal to be hereto affixed and attested by its Clerk, all by authority duly given by its Board of Alderman, this the day and +z: Est above written. CITY OF, GOLDSBORO ��• :jr1'r�' L1i, IU NORT1 . CARO.LI;JA WAYNE COUNTY .� THIS nV,.s day of 2c�._',AJ , 1979, personally came before me, r�7�',4 ► i a Notary Public in and for the said State and Coun of resaid, Sadie ;, hitfield who, by me duly sworn, says that �he knows the common seal of the City of Goldsboro, and is acquainted with Hen C. Strickland who is the Mayor of said municipal corporation, and that she, the said Sadie Tlhitfidld, is its Clerk, and that she saw,the Mayor sign the foregoing and annexed deed, and that she, the said Clerk, saw the said Common seal of said municipal corporation affixed thereto, and that she the said Sadie Whitfield signed her name in attestation of said instrument in the presence of said Mayor of said municipal corpora- tion. NITNESS my hand and, notarial scat, this -%may of Z'/.���.� 1979_ ._' �•�`'. 3 ''!•.':. 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