20021429 Ver 1_Complete File_20021120

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PETITIONER' = ;

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North Carolina Department of Environm ent) PREHEARING S ?.
and Natural Resources, et al.,

Respondent. )
COMES NOW Petitioner the Raleigh-Durham Airport Authority (the "Authority''),
pursuant to the Order for Preheating Statement, dated October 10, 2002, by Administrative Law
Judge Beecher R. Cxray (the "Order"), and files this Prehearing Statement. The numbered
paragraphs in this Prehearing Statement correspond to the numbered items in the Order.
lanes to be resolved, and the statutes, rules, and legal precedent involved.
A. Lisues to be resolved
y " Under the provisions of section 401 of the Clean Water Act, the State of North Carolina
must certify that the discharge to waters of the State authorized by the federal license applied for- ` ,:'
by the Petitioner, in this case a permit under section 404 of the Clem Water Act, will comply
with the applicable provisions of sections 301, 302, 303, 306 and 307 of the Clean Water Act.
The E tai Management Commission r'EMC") has been delegated the responsibility to

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administer the State's authority under section 401. The EMC has subdelegated that authority to',
the Director of the Division of Water Quality CVWQ") of the Department of Environment and:...
Natural Resources ("DENW ). (Herein, Respondent refers to DWQ, DENR and any individuals:
acting in their official capacity on behalf of either body in issuing the 401 Certification at issue

ENVIRONMENTAL Fax:[phone] Nov 20 '02 10:25 P.02

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here.) On August 9, 2002, Respondent issued to Petitioner a document entitled.North Carolina
401 Water Quality Certification No. 3386 (the "401 Certification").
The issues in this case are: (1) whether Respondent exceeded its authority in placing
mitigation conditions in the 401 Certification issued to the Petitioner; (2) whether Respondent
acted erroneously when it issued the 401 Certification; (3) whether Respondent failed to use
proper procedure in its issuance of the 401 Certification; (4) whether Respondent acted .
axbift-arily or capriciously in placing mitigation conditions in the 401 Certification; and.(5)
whether Respondent failed to act as required by law or rule when it placed mitigation, conditions
in the 401 Certification, as well as any other legal issues raised by the facts and reasons
supporting appeal, as described in paragraph 2 below.
B.
to; `
The statutes, roles, and legal precedent which Petitioner km"s at.tlas time
be involved to this mse include:
33 U.S.G. § 1341
N.C. Gene. Stat. § 143-214.1
N.C. Gen. Stat. § 143-214.7
N.C. Gen. Stat. § 143-214.20
N.C. Gen. Stat. § 143-214.21
N.C. Cen. Stat, § 143-215.3
N.C. Gen. Stat. § 143B-282(a)(1)u.
15A NCAC 2B.0233
15.A. NCAC 2B.0242
15A NCAC 2H.0506
15A NCAC 2H.0507
15A NCAC 2R.0402
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Ilp?' :.
Petitioner reserves the right to supplement this list of authorities as other authorities are
discovered during legal research and preparation for the contested case hearing.
2.
Statement of the facts and reasons supporting the party's position on each issue in
disnute-
The 401 Certification contains requirements for wetland mitigation and stream (buffer)
mitigation, and cites the Neuse Buffer Rules as at least a part of the basis for imposing those
mitigation obligations. However, the'Nease Buffer Rules also provide an exemption franc, such

ENVIRONMENTAL Fax:[phone] Nov 20 '02 1025 P.03
__._..?-..._ .. .............__.. ......._.._....._._-.... ........... ...... .. ... .. ........................... _..,...-?.?.,_
this case
mitigation obligations for "present and ongoing" uses, including maintained. lawns. In
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a large part of the use of the riparian buffer in the area at issue will remain as a maintained
vegetated area and is, thus, entitled to the exemption from the rules provided for in 15A NCAC
. `> n 213 .0233(3)(b). ,..: ? .,
The Authority had to install the safety areas (RSAs) due to the requirements and mandate
through the manner iri which
by the Federal Aviation Administration (FAA), which is enforced
the FAA makes its decisions on grant moneys or loans. Specifically. FAA policy stipulates that;
•N;6
certain projects, including rehabilitation, reconstruction, or overlay of existing runway pavement,
tri the need for RSA standards in the applicable FAA Advisory Circular„`
gger compliance with .
Cdr..:
The FAA will not approve funding for a project to reconstruct a runway, or to perform necessary:
'-:r maanteuance due to deterioration of the surface related to age and use, unless the runway has
conform to
conforming P SAs. This FAA policy means that failure to have safety areas that
FAA criteria would result in loss of eligibility for funding, and therefore potential loss of use of..
55,
the runway. The planned project therefore is necessary for "protection of existing structures anuT.
F;•;-<' . facilities" and because `protection of existing structures and facilities when this requires '
additional disturbance of the riparian buffer or the stream channel" is allowable under the Neuse.
dt : ^y
Rules, the Authority believes that the proper category of use for the planned project would be nk'
°`allawahle." Because the impacts an the buffer that are at issue in the 401 certif'ioations: and this;'
matter are an inextricable part of the RSA project, it was necessary to perform: them in order that
the Authority be able to maintain an existing use (allowable activity, rather than allowable with
mitigation) by maintaining its eligibility for money necessary to maintain the use.
Upon infomation and belief, Respondent received the Authority's joint application for a ` - `
permit under Section 404 of the Clean Water Act and for certification under Section 401 on
:> ` May 7, 2002. Respondent took an initial action on the application on July 10, 2002, but did not ='
law
ENVIRONMENTAL Fax:[phone]
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777
' take final action on the application until August 9, 2002. According to 15A NCAC 2H .4507, it
the Director does not take final action within 60 days of receipt of the application, Respondent's;,
authority to issue the 401 Certification was waived.
3. List of unposed witnesses.
Miriam Gilkinson
Michael Fischer
Petitioner moves the rigout to identify additional witnesses as discovery and
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investigation proceeds.

DiscY, aver;
Petitioner anticipates pursuing discovery. The time frame set forth in the Scheduling
Order dated October 10, 2042 (the "Scheduling Ordee% appears to be satisfactory for this
Pose.
5. Location of.hearina
Petitioner concurs that venue in Raleigh, N.C. as set forth in the Scheduling order is
appropriate-
6.
7.
r.
POO.:.
Esiamateti_len?_ v# hearins
Petitioner estimates the hearing will take two to three days.
Service address and contact information
Charles D. Case
Craig A. Bromby
Julie B. BeddingEeld
Hunton & Williams
Post Office Box 109
Raleigh, N.C. 27642
[phone]
8. Date for hearing

Petitioner estimates that it can be prepared for hearing by January 27, 2003, the date set
forth in the Scheduling Order.

Office Use Only: Form Version February 2002
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project,, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approvals) requested for this project
? Section 404 Permit - ,? i;
? Section 10 Permit' 2 ' E`
? 401 Water Quality Certification
W u?1D?S
® Riparian or Watershed Buffer Rules SECTION
*Covered Airport Project per the Airport General Mayor Variance.
2. Nationwide, Regional or General Permit Number(s) Requested: Not Applicable
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Raleigh-Durham Airport Authority
Mailing Address: ATTN: Ellis Canton
P.O. Box 80001
RDU Airport, NC 27623
Telephone Number: 919-840-2100 x 244 Fax Number: 919-840-0175
E-mail Address: ellis cayton(a_rdu com
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Not Applicable
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: West Side Storm Water Treatment Facilities
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable
3. Property Identification Number (Tax PIN): 075702963401
4. Location
County: Wake County Nearest Town: Not Applicable
Subdivision name (include phase/lot number): Not Applicable
Directions to site (include road numbers, landmarks, etc.):
Stormwater Treatment Facility West of Runway 5L-23R. From Interstate 40 - Westbound,
take Exit 283-B to Interstate 540 - North. Exit I-540 onto Lumley Road (Exit 3). Turn left
onto Lumley Road; follow Lumley to the stop sign at Brier Creek Parkway. Turn left onto
Brier Creek Parkway. Follow Brier Creek Parkway for approximately 0.9 miles to Globe
y
Road. Turn left onto Globe Road. Follow Globe Road for approximately 0.8 miles to Kitt
Hawk Drive. Turn right onto Kitty Hawk Drive and follow for 0.7 miles to Nelson Road.
Turn left onto Nelson Road (SR 1642), Follow Nelson East toward Old Aviation Parkwafor
approximately 0.2 miles to a gravel drive on the left. This gravel drive will serve as the
construction access for the proposed treatment facility and is located on the left after crossing
Brier Creek Reservoir, approximately 800 feet west of Old Aviation Parkway. The
Stormwater Treatment Facility will be located to the right of the gravel drive, approximately
200 yards from Nelson Road. See Attachment 1 (Location Map) and Attachment 2 (Site
Plan).
5. Site coordinates, if available (UTM or Lat/Long): Lat/Long: 35.88 N, 78.79 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
The stormwater treatment project site is in an undeveloped area on airport property, adjacent
to Brier Creek Reservoir. The property currently has several small outbuildings and a former
residence.
7. Property size (acres): The Raleigh-Durham International Airport occupies more than 5,000
acres. This Stormwater Treatment Facility is designed to treat runoff from 159-acre drainage
basin. This project would disturb an area of approximately 10 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Brier Creek Reservoir
9. River Basin: Neuse River.
Page 2 of 9
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work:
The primary purpose of this project is to build a new stormwater treatment facility to replace
an existingda detention pond currently located between Taxiways C, D, F, and G. The
relocation of Taxiway D, as shown on the Airport Layout Drawing in Attachment 3, will
eliminate the existing dry detention basin, which is not part of the designated Neuse system
and is not jurisdictional according to the USACOE. A new stormwater conveyance system
and basin are required to replace the existing _dry detention basin to ensure that Terminal C
and International Drive are not flooded during their respective design event.
The existing _dry detention basin does not provide treatment of the stormwater runoff. The
proposed facility will isolate and treat runoff from, a 159-acre drainage basin, of which 86
percent is or will be in the future impervious The stormwater treatment facility will improve
an existing outlet and provide a wet detention basin designed to treat the 1-inch rainfall in
accordance with the NCDENR "Stormwater Best Management Practices." The proposed
stormwater system will allow for future separation and treatment of polluted runoff from the
refueling and deicing areas, if necessary. In addition, the new facility has been designed
according to NC DWG's Stormwater BMP manual for the removal of 85% total suspended
solids (TSS). The primga spillway is a riser/barrel system designed to detain and release the
1-inch rainfall over a 48-120 hour period and to safely pass the 10-year storm. A 30-foot
weir will serve as the overflow spillway to pass the larger storms.
The stormwater treatment facility will comply with the FAA Advisory Circular (AC)
150/5320-5B- Airport Drainage; NFPA 415 - Standard on Airport Terminal Buildings,
Fueling Ramp Drainage, and Loading Walkways; and any additional applicable standards
and codes. Further, to the extent allowed by FAA guidelines, the stormwater treatment
facili design complies with the NCDENR "Stormwater Best Management Practices."
11. List the type of equipment to be used to construct the project: The project includes
earthwork drainage, and erosion control. The project requires construction equipment
necessary to perform these functions.
12. Describe the land use in the vicinity of this project: The stormwater treatment project site is
in an undeveloped area on airport property, adjacent to Brier Creek Reservoir. The property
currently has several small outbuildings and a former residence.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Page 3 of 9
The Authority has an Airport-wide jurisdictional determination plat (Action ID 19921400, sign ed
by the Corps September 27, 1999) that includes the existing _dry detention pond and stormwater
channel currently located between Taxiways C, D, F, and G, as well as the location of the
stormwater treatment facility (see Attachment 4). The Project will not impact any jurisdictional
wetlands or "waters of the United States." Further, the Authority has an Airport-wide map of
surface waters subject to the Neuse Riparian Buffer rules (Attachment 5), which the Division of
Water Quality has signed to indicate concurrence. The Project will not impact any riparian
buffers of streams subject to the Neuse Rules, save for the location of the stormwater outfall
from the treatment facility to Brier Creek Reservoir.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The December 1994 Long=Range Planning Committee Report on Master Plan Alternatives for
Raleigh-Durham International Airport. Volume I - Master Plan Alternatives ("Master Plan")
contemplates future development of the Terminal area. The stormwater treatment facility is
designed for sufficient capacity to accommodate the additional runoff from the Terminal A area,
following reconfiguration of the stormwater system around Terminal A. However, the Authority
does not anticipate performing that work within the next five years. The Authority anticipates
that the location of the planned stormwater treatment facility may in the future conflict with
future airport development/expansion. That conflict may require relocation or reconfiguration of
the stormwater treatment facility. However, the existence and extent of that potential future
conflict is unknown.
Therefore although the Authority may request permits in the future, the Authority cannot
include all future work elements in this application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a brief written description of the proposed impacts:
The project would not impact wetlands or waters of the United States. The project would
disturb a small section of riparian buffer (both Zone 1 and Zone 2) surrounding the Brier
Creek Reservoir to accommodate the outfall channel from the new stormwater treatment
facility. This outfall channel would discharge treated runoff directly into Brier Creek
Reservoir through a section of the buffer. The riparian buffer impacts would be to both Zone
Page 4 of 9
1 and Zone 2 buffer, along approximately 50 feet of Brier Creek Reservoir, which is part of
the Neuse River Rules. The width varies with 50 feet the maximum. Impacts would be
limited to grading, installation of the outlet channel lined with Class II riprap and
reveg_etating disturbed areas (Attachment 2).
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (yes/no) (linear feet)

None
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hnp://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of all existing wetlands on the property: Not determined
Total area of wetland impact proposed: None
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
None
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usts.jzov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mayguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)

None
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 5 of 9
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): dam/embankment, excavation and installation of a
s ip llway
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater Treatment Facility
Size of watershed draining to pond: 159 acres Expected pond surface area: 5-acres
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Not applicable: "Covered Airport Project" eligible for Airport Facilities General Major Variance.
As noted in the FAA filing, the project will be designed and, if approved, constructed to
minimize any impacts on buffers and waters.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htlp://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Page 6 of 9
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No buffer mitigation required, because impacts for this Airport Facility will be below the
threshold permitted quantities (1/3 acre riparian buffer, 150 LF stream). The text above
states "In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quali for projects involving greater than or equal to one acre of impacts
to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams " The project does not impact a perennial stream, rather, it affects an existing
stormwater drainage channel that carries stormwater collected in the Authority's stormwater
system
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at htW:Hh2o.enr.state.ne.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): Not Applicable
Amount of buffer mitigation requested (square feet): Not Applicable
Amount of Riparian wetland mitigation requested (acres): Not Applicable
Amount of Non-riparian wetland mitigation requested (acres): Not Applicable
Amount of Coastal wetland mitigation requested (acres): Not Applicable
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ® Project is Categorically Excluded
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ? Not Applicable
Page 7 of 9
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify, )?
Yes ® No E] If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 1,179 3 NA
2 957 1.5 NA
Total 2,136 NA
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
No buffer mitigation required, because impacts for this Airport Facility will be below the
threshold permitted quantities (1/3 acre riparian buffer, 150 LF stream).
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The nrooosed stormwater treatment facility will treat runoff from a portion of the airport. The
existing drainage area for the existing dry detention basin is 149 acres, of which 98 acres are
impervious. The proposed stormwater treatment facility design accommodates a 159-acre
drainage basin with 137 impervious acres. The proposed stormwater treatment facility design
and size are sufficient to accommodate future increase in impervious area within the drainage
basin to protect downstream surface waters and wetlands.
Page 8 of 9
The proposed stormwater treatment facility design is in accordance with NCDENR "Stormwater
Best Management Practices". The project would include necessary erosion and sediment control
measures.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The proposed project will not generate wastewater. The presence of workers at the project sight
may add a minor amount of domestic wastewater to the Raleigh-Durham Airport Authority
collection system, which discharges sanitary wastes to the Town of Cary, under a Wastewater
and Sewer Agreement.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
J1,4, ZL 7?- / 9/.? 7/0 Z
Applicant/Agent's Si ature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
ATTACHMENTS
Attachment 1 Location Map
Attachment 2 Site Plan
Attachment 3 Draft Airport Layout Drawing, Submitted to FAA on August 26, 2002
Attachment 4 USACOE Jurisdictional Determination, September 27, 1999
Attachment 5 Neuse Stream Determinations at Raleigh-Durham International Airport, August 8, 2002
Page 9 of 9

SCALE 1:24,000
1 U2 0 1 MILE
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET
1 0.5 0 1 KILOMETER
REFERENCES:
U.S. Geological Survey
SOUTHEAST DURHAM, NC/CARY, NC 1973
Photorevised 1987
CONTOUR INTERVAL: 10 FEET
DATUM IS NGVD (1929)
lf?f?
NC QUADRANGLE LOCATION
RALEIGH-DURHAM AIRPORT
WAKE COUNTY, NC
SCALE:
AS SHOWN
URS
URS Corporation
3109 Poplarwood Court Suite 301
Raleigh, North Carolina 27604
ephone [phone] Fax[phone]
DRAWN BY: RLT DATE: JUL 02
CHECKED BY: RES r DATE: JUL 02
LOCATION MAP
i
PERMITS
I
ERRS O:\RDU\Permits\RDU S[TE.doc
Attachment 2
SITE PLAN
August 2002
Legend
Limits
West Side Stormwater
Treatment Facilities
Scale: 1" = 400'
Prepared by
3109 PoPlarwood Court, Suite 301
Raleigh, North Carolina 27604-1044
COPYM W 0 2002, URS CORP.

ATTACHMENT 3
6 17 18 19 ( 20 21 1 22 23 24 25
s? AIRPORT LAYOUT DRAWING
01 a RALEIGH-DURHAM INTERNATIONAL AIRPORT
RDU Airport, NORTH CAROLINA
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STORMWATER`t-UNNEL Q =W_\ V? -`EXISTING DRY DETENTION BASIN
Q

NOTES: Taken from origional. Some notes may not apply to this site.
1. Location of flagged points on wetlands and waters of the US are taken
from a field survey by Greenhome and O'Mara. Inc. (1993). All other information
shown has been provided by RDU Airport Authority or CZR Incorporated.
\
\ 2.
3 Use NC Grid coordinates shown on Runway 5L-23R for alignment purposes.
S
ti
d
t
ti
h
b
id
d t
thi
l
t
\

500' 250' 0 500' .
4.
1000' uppor
ng
ocumen
a
on
as
een prov
e
o accompany
s p
a
.
Jurisdictional areas within this box were previously delineated and verified by the
Raleigh, NC ACOE (signed plat dated 19 February 1992).
5. Mitigation Sites are not included with the delineation being approved by
the Corps on the date indicated on this map.
6. New limits of Brier Creek Reservoir per NC DOT Highway relative to Aviation
SCALE: 1 "=500' parkway relocation, completed in November 1998.
RALEIGH-DURHAM INTERNATIONAL AIRPORT
EXCERPT FROM THE US ARMY CORP OF ENGINEERS
JURISDICTIONAL DETERMINATION DATED SEPT. 27, 1999
ATTACHMENT 4
Q
o ?
0

oO

Q
ri
U
0
500' 250' 0 500' 1000'
n
Y SCALE: 1 "=500'
Project Area (on inside of line,which represents a buffer of 50')
NOT SUBJECT To NCAC T15A:2B.0233
-RDU Airport Authority Property Boundary
X1970 Wake County Soil Survey "Blue Line"
Streams & Tributaries (Approximate Location)
?USGS "Blue Line" Streams (Approximate Location)
RDU Perimeter Fence Location
Q° EOP End of Pipe Location
RALEIGH-DURHAM INTERNATIONAL AIRPORT
EXCERPT FROM NEUSE STREAM DETERMINATIONS
AT RDU DATED AUGUST 8, 2002
ATTACHMENT 5
RDU Safety Areas
Subject: RDU Safety Areas
Date: Wed, 20 Nov 2002 15:01:27 -0500
From: Bob Zarzecki <[e-mail]>
Organization: Division of Water Quality; 401 Certification Unit
To: John Dorney <[e-mail]>
JD: Please review before I send to Jill. Gracias. - B
Jill: VVI-11
I'm Cdr until at least 4pm today. Call me or John when you get back in. In response to the Petitioner's
Prehearing Statement, we have the following comments.
John and I believe that the issues of the petition (i.e., the requirement for buffer mitigation) relate to the
buffer "authorization certificate" approved for the "airport facility" use (i.e., safety areas) and not the "401
Certification". The "401 Certification" acts as the "authorization certificate", although its not specific. The
buffer rule (15A NCAC 02B .0233(8)(c)) states, "Any disputes over determinations regarding
Authorization Certificates shall be referred to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G. S. I50B." Therefore, we believe that they need to
bring this dispute to the Director for a decision prior to going to the Office of Administrative Hearings.
Statement of Facts - They claim that the activity is exempt because its a "present and ongoing" use,
including maintained lawns. The proposed buffers to be impacted consist of maintained vegetated areas
(not traditional lawns). We do not dispute the fact that the current activity of maintaining these areas is a
"present and ongoing" use. However, the Rule (15A NCAC 02B .0233(b)(i)) states, 'Activities necessary
to maintain the uses are allowed provided that no additional vegetation is removed from Zone l except
that grazed or trampled by livestock and existing diffuse flow is maintained. Grading and revegetating
Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised, the ground is
stabilized and existing diffuse flow is maintained." We believe that the proposed activity of placing over
1,240 feet of stream in a pipe and filling as much as forty-five (45) feet of fill dirt over 2.4 acres of
protected buffers, would remove additional vegetation from Zone 1 and compromise the health of the
vegetation in Zone 1.
In addition, the Rule (15A NCAC 02B .0233(b)(ii)) states, "At the time an existing use is proposed to be
converted to another use, this Rule shall apply." We believe that the proposed activity would Xa
remove the buffer since the footprint of the area will not longer be within 50 feet of a stream. Therefore,
we believe that this would constitute a change in use or conversion of the existing use to another use.
The petitioner claims that the safety areas should be approved as a "protection of existing structures and
facilities", "allowable" use and not require mitigation. The Rule (15A NCAC 02B .0233(6)) has a specific
use category for "airport facilities" which we believe this activity should categorized as. We do not believe
that the use can be categorized as a "protection of existing structures and facilities" use, because this use
was intended to apply to removal of vegetation that is threatening an existing structure or facility. The
vegetation within the buffer is not threatening the runway.
The final action of the 401 Certification was approved on July 19, 2002. It was later revised on August 9,
2002 to reflect 404 stream and wetland mitigation requirements. Therefore, we believe that the 401
Certification was not waived as inferred by the petitioner.
Call me and/or John to discuss.
- Bob
t of 2 11/20/02 3:08
RDU Safety Areas
Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726
2 of 2 11/20/02 3:08 PM
OF W A T_41?Q Michael F. Easley
`0 G Governor
0) 7, William G. Ross, Jr., Secretary
-I Department of Environment and Natural Resources
D `< Alan W. Klimek, PE, Director
Division of Water Quality
September 27, 2002
DWQ Project # 02-1429
Wake County
Raleigh-Durham Airport Authority
Attn: Mr. Ellis Cayton
P.O. Box 80001
RDU Airport, NC 27623
Subject Project: West Side Storm Water Treatment Facilities, RDU Airport, Raleigh-Durham, NC
Brier Creek Reservoir [03-04-02; 27-33-4; C NSW (Nutrient Sensitive)]
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse, Tar-Pamlico, Randleman and
Catawba Riparian Buffer Protection Rules for expansions of and improvements to AIRPORT FACILITIES
Dear Mr. Cayton:
You have our approval, in accordance with the conditions listed below, to impact approximately 2,136 fe of the protected
riparian buffers for the purpose of constructing the proposed stormwater facility as described in your application dated
August 27, 2002. This letter shall act as your approval for the use of the "General" Major Variance; From the Neuse, Tar-
Pamlico, Randleman and Catawba Riparian Buffer Protection Rules for expansions of and improvements to AIRPORT
FACILITIES with ADDITIONAL CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental
Management Commission (EMC) on April 10, 2002. In addition, you should get any other required federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control permits. This
approval shall expire when the variance expires on September 12, 2006 unless it is renewed before that time by the EMC.
This approval is only valid for the purpose and design that you described in your variance request dated August 27,
2002. If you change your project, you must notify us and you may be required to send us a new request for approval. If
the property is sold, the new owner must be given a copy of this approval and is thereby responsible for complying with
all conditions.
If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules
(15A NCAC 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at [phone] or Mr. Steve Mitchell [phone] if you
have any questions or require copies of our rules or procedural materials.
Cc: Steve Mitchell, DWQ Raleigh Regional Office
File copy
Central Files
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Sincerely,
rRcu
John C. Brantley, Airport Director
R A L E I G H- O U R HAM AIRPORT AUTHORITY
1000 Trade Drive • PO Box 80001 • RDU Airport, NC 27623
tel: [phone] • fax: [phone] • www.rd-u.com
August 27, 2002 P ,.„
Mr. Bob Zarzecki
Division of Water Quality 92142
401/Wetlands Unit 7
1650 Mail Service Center
Raleigh, NC 27619-1650 yy,, US COUP
?SET!i
RE: General Major Variance Request for West Side Storm Water Treatment Facilities,
Raleigh-Durham International Airport
Dear Mr. Zarzecki:
The Raleigh-Durham Airport Authority (Authority) submits three copies of the most recent
version of the joint Corps of Engineers and Division of Water Quality Preconstruction
Application Form (PCN) to request a General Major Variance ("GMV") from the Rules Neuse
River Basin Riparian Buffer Protection (15A NCAC 2B .0233) for impacts to protected riparian
buffers for the above-referenced project, a "Covered Airport Project" at the Raleigh-Durham
International Airport. The Authority makes this submittal pursuant to and in accordance with the
General Major Variance recently adopted by the Environmental Management Commission, using
the PCN because the GMV Form is not yet available.
The West Side Storm Water Treatment Facilities Project (the Project) is not subject to the
requirements of the "No Practical Alternatives" test under the Water Supply Rule or the 401
Rules. Therefore, the Project is deemed to meet the No Practicable Alternatives Provisions of
the buffer rules, and the Authority requests that DWQ issue an authorization certificate for buffer
rule approval based on the submittal of the enclosed documents. Further, as the Authority seeks
written Buffer Rule approval only, no application fees apply.
If you have any questions or need additional information, please call Ellis Cayton, Program
Manager, at [phone], extension 244.
Sincerely,
Miriam Gilkinson, P.E.
Environmental Manager
Enclosure
cc: Ellis Cayton, RDUAA
Charles Case, Hunton & Williams
U,
r
a 6 e i g h- a r h a m A i r p a r t u t h o r i t: y to tu b e r s
DURHAM RALEIGH DURHAM COUNTY WAKE COUNTY
Kenneth D. Gibbs, Sr., Chairman David T. Clancy, Vice-Chairman W. Stephens Toler, Treasurer J. Ray Sparrow, Secretary
Robert D. Teer, Jr. Robert W. Winston Lionell Parker R. David Lane