20090430 Ver 3_Approval Letter_20101013

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NC DER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 13, 2010
Mr. Ray Blackmon
Johnston County Airport Authority
3149 Swift Creek Road
Smithfield, NC 27577
Re: Johnston County Airport Extended Runway Safety Area, Johnston County
DWQ Project No. 20090430, Ver. 3; 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 - REVISED
Dear Mr. Blackmon:
Attached hereto is a copy of Certification No. 3822 issued to Mr. Ray Blackmon and Johnston County
Airport Authority, dated October 13, 2010. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. This Certification
replaces the Certification issued to you on June 8, 2010. 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.
CHS/ijm
Sincerely,
Coleen Sullins
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: 090430Ver3JohnstonCountyAirportRunwaySafetyArea(Johnston)401_IC NBR_Revised
401 OversighVExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:llportal.ncdenr.org/web/wgtws
An Equal Opportunity 1 Affirmative Action Employer
Mr. Ray Blackmon and Johnston County Airport Authority
Page 2 of 6
October 13, 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 +, 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`h 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`h day of May, 2009, and
received by the DWQ on May 15, 2009, and by second Public Notice issued by the USACE on the 10?' day
of September, 2010, and received by the DWQ on September 13, 2010, and by all additional information
received by the DWQ on June 30, 2009, August 7, 2009, September 4, 2009, November 12, 2009, January
26, 2010, August 24, 2010, and September 9, 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 maybe 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 Units Plan Location or Reference
404/401 Wetlands 19.24 [(acres) 8.93 acres riparian
wetland and 10.31 acres non-riparian
wetland] - permanent impact Application and Public Notice
404/401 Wetlands 3.75 acres temporary impact Application and Public Notice
Stream (perennial) 818 (linear feet Application and Public Notice
Buffers Zone 1 46,650 (square feet Application and Public Notice
Buffers Zone 2 32,286 (square feet) Application and Public Notice
Mr. Ray Blackmon and Johnston County Airport Authority
Page 3 of 6
October 13, 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 404/40lPermit 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 6
October 13, 2010
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project;
Miti ag tion:
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 purchase
the required mitigation according to the mitigation plan modification cited after the table below. 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 and EBX
Neu-Con Umbrella Wetland and Stream Mitigation Bank as discussed below to meet the
following compensatory mitigation requirement:
Type of Wetland Compensatory Mitigation Required River and Sub-basin Number
404/Wetlands - non-riparian 20.62 (acres) Neuse/03020201
404/Wetlands - riparian 17.9 acres Neuse/03020201
Stream - perennial 818 (linear feet) Neuse/03020201
Buffers Zone 1 139,950 (square feet) Neuse/03020201
Buffers Zone 2 48,429 (square feet Neuse/03020201
Additionally, per your request, and from the USACE, contained within correspondence to
you dated May 12, 2010, the DWO also concurs with the USACE that this request is
acceptable:
Also, reference your permit modification request received in our office on April 29, 2010. This
modification requested to change the mitigation payment from NCEEP for the amount necessary
to perform restoration to 15.46 acres of riparian wetland to payment to the NCEEP for the
amount necessary to perform restoration of 4.56 acres of riparian wetland and the purchase of
10.9 riparian wetland mitigation units from the EBX Neu-Con Umbrella Wetland and Stream
Mitigation Bank.
We have completed the evaluation of your request and will mods your mitigation proposal,
accordingly. The change in mitigation is referenced in the following conditions.
Special condition "l " of your permit is hereby modified to read.:
"In order to compensate for 7.73 acres of riparian wetlands, 10.31 acres of non-riparian
wetlands, and 685 linear feet of stream the permittee shall make payment to the North Carolina
Ecosystem Enhancement Program (NC EEP) in the amount determined by the NCEEP, sufficient
to perform the restoration of 4.56 acres of riparian wetland, 20.62 acres of non-riparian wetland,
and 1,370 linearfeet of stream in the Neuse River Basin, Cataloging Unit 03020201. The
permittee shall also purchase 10.90 riparian wetland mitigation units from the EBX Neu-Con
Umbrella Wetland and Stream Mitigation Bank. "
7. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• 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.
Mr. Ray Blackmon and Johnston County Airport Authority
Page 5 of 6
October 13, 2010
• 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
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
Other conditions:
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 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.
9. 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.
10. 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 you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Mr. Ray Blackmon and Johnston County Airport Authority
Page 6 of 6
October 13, 2010
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 flail Service Center
Raleigh, NC 27699-1601
This the13`h day of October 2010
DIVISION OF WAT R Q ITY
leen Sullins
CHS/ijm
3822
NCDENR
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
19.24 acres of 404/wetland (8.93 acres riparian wetland and 10.31 acres non-riparian wetland - the impacts to non-riparian
wetlands, although authorized by this 401 Water Quality Certification, MAY NOT BE CONDUCTED UNTIL THE
REQUIRED MITIGATION IS PAID IN FULL), 3.75 acres 404/wetland (temporary impact), and 818 linear feet of perennial
stream, 46,650 square feet of Zone I Neuse River basin protected riparian buffers and 32,286 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. 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, Ver. 3
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
mitigable 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 20.62 Acres Non-Riparian Wetland
8.93 Acres 404/Riparian Wetland 17.86 Acres 404/Riparian Wetland*
818 Linear Feet Perennial Stream 818 Linear Feet Perennial Stream
46,650 Square Feet Zone 2 Buffers 139,950 Square Feet Zone 2 Buffers
32,286 Square Feet Zone 2 Buffers 48,429 Square Feet Zone 2 Buffers
*Balance of wetland credits (10.9 acres riparian wetland credits) to be purchased from EBX Neu-Con Umbrella Wetland
and Stream Mitigation Bank
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: 090430 Ver3JohnstonCountyAirportRunwaySafetyArea(Johnston)401_IC_NBR_EEP_MOD
401 OversightlExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:l/h2o.enr.state.nc.us/ncwetlands/
North Carolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer