20090430 Ver 1_Approval Letter_20100224

RMEENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 24, 2010
Mr. Ray Blackmon
Johnston County Airport Authority
3149 Swift Creek Road
Smithfield, NC 27577
Dee Freeman
Secretary
Re: Johnston County Airport Extended Runway Safety Area, Johnston County
DWQ Project No. 20090430; USACE Action ID. No. SAW 2009-00846
Reedy Branch [030404, 27-45-10, C, NSW]
Approval of 401 Water Quality Certification, and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Blackmon:
Attached hereto is a copy of Certification No. 3822 issued to Mr. Ray Blackmon and Johnston County
Airport Authority, dated February 24, 2010. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should
get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Since y,
Coleen Sullins
CHS/cbk/ijm
Attachments: NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
Daniel Ingram, WK Dickson & Co., Inc., 720 Corporate Center Drive, Raleigh, NC 27607
DLR, Raleigh Regional Office
File Copy
Filename: 090430JohnstonCountyAirportRunwaySafetyArea(lohnston)401 _IC_NB R
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX, 919-733-6893
Internet: http://h2o.enr.state.nc.us/ncwetiands/
NorthCarolina
Naturally,
An Equal Opportunity t Affirmative Action Employer
Mr. Ray Blackmon and Johnston County Airport Authority
Page 2 of 5
February 24, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Ray Blackmon and Johnston County Airport Authority,
to fill or otherwise impact 18.04 acres of 404/wetland (7.73 acres riparian wetland and 10.31 acres non-
riparian wetland), 0.17 acres 404/wetland (temporary impact), and 685 linear feet of perennial stream,
44,496 square feet of Zone 1 Neuse River basin protected riparian buffers and 28,474 square feet of Zone 2
Neuse River basin protected riparian buffers in the Neuse River Basin, in association with the construction
of the proposed the proposed airport extended runway safety area at the site which is located just to the
south of the intersection of Swift Creek Road and U.S. Highway 70 Business (W. Market Street), northwest
of Smithfield, in Johnston County, North Carolina, pursuant to an application filed on the 6`i' of April, 2009,
and received by the DWQ on the 15'h day of April 2009, and by Public Notice issued by the USACE on the
15`x' day of May, 2009, and received by the DWQ on May 15, 2009, and by all additional information
received by the DWQ on June 30, 2009, August 7, 2009, September 4, 2009, November 12, 2009 and
January 26, 2010.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and additional information received by DWQ. If the project is changed,
prior to notification a new application for a new Certification is required. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions of this Certification. Any new owner must notify the Division and request
the Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7).
If any plan revisions from the approved site plan result in a change in stream or wetland impact or an
increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401
Certification may be required. For this approval to be valid, compliance with the conditions listed below
is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/401 Wetlands 18.04 [(acres) 7.73 acres riparian
wetland and 10.31 acres non-riparian
wetland - permanent impact Application and Public Notice
404/401 Wetlands 0.17 (acres) temporary impact Application and Public Notice
Stream (perennial) 685 linear feet Application and Public Notice
Buffers Zone 1 44,496 (square feet Application and Public Notice
Buffers Zone 2 28,474 (square feet Application and Public Notice
Mr. Ray Blackmon and Johnston County Airport Authority
Page 3 of 5
February 24, 2010
Sediment and Erosion Control:
2. 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 in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Land Resources or locally delegated program has released the
project.
Continuing Compliance:
Mr. Ray Blackmon and Johnston County Airport Authority, shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law. If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Ray Blackmon and Johnston County Airport Authority,
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503
and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or
revised conditions shall be provided to Mr. Ray Blackmon and Johnston County Airport Authority, in
writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit
Mr. Ray Blackmon and Johnston County Airport Authority
Page 4 of 5
February 24, 2010
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project;
Mitigation:
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to provide wetland mitigation for proposed wetland impacts and
wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by
the DWQ to be a suitable method to meet the mitigation requirement and additional mitigation
commitment. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate
shall occur. The EEP should be contacted at [phone] if you have any questions
concerning payment into a restoration fund. You have 60 days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compensatory
mitigation requirement:
Type of Wetland Compensatory Mitigation Required River and Sub-basin Number
404/Wetlands - non-riparian 10.31 (acres) Neuse/03020201
404/Wetlands - riparian 7.73 acres Neuse/03020201
Stream - perennial 685 linear feet Neuse/03020201
Buffers Zone 1 133,488 (square feet Neuse/03020201
Buffers Zone 2 42,711 (square feet) Neuse/03020201
7. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation
and Maintenance Agreement) shall be submitted to the 401 Oversight and Express
Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the
issuance of the 401 Water Quality Certification. Before the impacts specified in this
Certification may occur, the applicant must meet all of the provisions set forth in the document
Stormwater Management Plan (SMP) Requirements for Applicants other than the North
Carolina Department of Transportation, available at:
http://portal.nedenr.orp,/web/wq/swp/ws/40 I /certsandpermits/swmanaeg_ment
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Express Unit before any
impacts authorized in this certification occur. If a development is phased, then the SMP for
each future phase must approved by the 401 Oversight/Express Unit or, if the project is
subject to another state stormwater program, a copy of the approval letter and approved SMP
must be submitted before any impacts associated with that phase may occur.
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
Mr. Ray Blackmon and Johnston County Airport Authority
Page 5 of 5
February 24, 2010
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
Other conditions:
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands/documents/wet buf compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow in a
diffuse manner at non-erosive velocities through the entire protected stream buffers without re-
concentrating. If this is not possible it may be necessary to provide stormwater facilities that are
considered to remove nitrogen since the project is in the Neuse River Basin.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, 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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 24"' day of Febru 2010
D SION O W ER ALITY
Coleen Sullins
CHS/cbk/ijm
3822
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 02H.1300, Mr. Ray Blackmon and Johnston County Airport Authority, to fill or otherwise
impact 218.04 acres of 404/wetland (7.73 acres riparian wetland and 10.31 acres non-riparian wetland), and 685 linear feet
of perennial stream, 44,496 square feet of Zone 1 Neuse River basin protected riparian buffers and 28,474 square feet of
Zone 2 Neuse River basin protected riparian buffers, in association with the construction of the proposed the proposed
airport extended runway safety area at the site which is located just to the south of the intersection of Swift Creek Road
and U.S. Highway 70 Business (W. Market Street), northwest of Smithfield, in Johnston County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Extended Runway Safety Area
DWQ PROJECT #: 20090430
LOCATION: Smithfield
COUNTY Johnston
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above
mitigabee impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian
buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded
to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to
15 2R.0503(b).
Impacts Mitigation
10.31 Acres Non-Riparian Wetland 10.31 Acres Non-Riparian Wetland
7.73 Acres 404/Riparian Wetland 7.73 Acres 404/Riparian Wetland
685 Linear Feet Perennial Stream 685 Linear Feet Perennial Stream
44,496 Square Feet Zone 2 Buffers 133,488 Square Feet Zone 2 Buffers
28,474 Square Feet Zone 2 Buffers 42,711 Square Feet Zone 2 Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee
to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form
along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address
below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE,
THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 09043OJohnstonCountyAirportRunwaySafetyArea(Johnston)401_IC NBR_EEP
401 OversightlExpress Review Permitting Unit Gne
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Naturally
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nC.Lls/ncwetiands/
An Equal Opportunity 1 Affirmative Action Employer