HomeMy WebLinkAbout20180726 Ver 2_Modification Request Attachment_20210205 •
NORTH CAROLINA
ROY COOPER Environmental Quality
co V I7T1rN
MICHAEL S. REGAN
ec rirw ti
UNDA CULPEPPER
Interim Dtredor
December 3,2018
Mr. Robert Heuts(bheuts@raleighexec.com)
Sanford Lee Co. Regional Airport Authority
700 Rod Sullivan Road
Sanford,North Carolina 27330
Subject: 401 Water Quality Certification Revision Pursuant to Section 401 of the Federal Clean
Water Act with ADDITIONAL CONDITIONS for the proposed development and improvements to an
existing hangar,parking and taxiway in Sanford,Lee County; NCDOT—DOA Airport Project.; NCDWR
Project No.20180726v1.
Dear Mr.Heuts:
Attached hereto is a copy of Certification No. WQ004174 issued the Lee County Regional Airport
Authority dated December 3,2018.
If we can be of further assistance,do not hesitate to contact April Norton at april.norton@ncdenr.gov.
Sincerely,
inda Culpepper,Director
Division of Water Resources
Electronic copy only distribution:
April Norton,Division of Water Resource,Central Office
Andrew Williams,US Army Corps of Engineers, Raleigh Field Office
Edward J. Smail,Senior Associate,Michael Baker International(esmail@mbakerintl.com)
CT)
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
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 Resources(NCDWR)Regulations in 15
NCAC 2H.0500.This certification authorizes the Regional Airport Authority to impact 0.480 acres of jurisdictional
wetlands and 138 linear feet of jurisdictional streams in Lee County. The project shall be constructed pursuant to the
application dated August 23,2018. The authorized impacts are as described below:
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill in Permanent Fill in Total Stream Stream Impacts
Intermittent Stream Perennial Stream Impacts Requiring
(linear ft) (linear ft) (linear ft) Mitigation
(linear ft)
S l 138 -- 138 --
Total 138 -- 138 --
Wetland Impacts in the Cape Fear River Basin
Site Fill Fill Excavation Mechanized Hand Total Wetland
(ac) (temporary) (ac) Clearing(ac) Clearing Impact(ac)
(ac) (ac)
1 0.480 -- -- -- -- 0.480
0.480 -- -- -- -- 0.480
Total
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin in conjunction with the proposed development 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 and conditions hereinafter set forth.
This approval is valid solely for the purpose and design described in your application(unless modified below). Should
your project change, you must notify the NCDWR and submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
the conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams
(now or in the future)exceed 300 linear feet,compensatory mitigation may be required as described in 15A NCAC
2H.0506(h)(6)and(7). For this approval to remain valid,you must adhere to the conditions listed in the certification
and any additional conditions listed below.
Additionally,you should obtain all other federal,state or local permits before proceeding with your project including
(but not limited to) Sediment and Erosion control, Coastal Stormwater,Non-discharge and Water Supply watershed
regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of
Engineers Permit.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
Conditions of Certification:
1. As a condition of this 401 Water Quality Certification, if bridge demolition occurs now or in the future,the
bridge demolition must be accomplished in strict compliance with the most recent version ofNCDOT's Best
Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(dX2)and 15A
NCAC 02H .0506(b)(5)]
2. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
[I5A NCAC 02H.0506(b)(2)]
3. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
4. If concrete is used during construction,a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged
to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC
02B.0200]
5. During the construction of the project,no staging of equipment of any kind is permitted in waters of the U.S.
or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
6. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
7. The use of riprap above the Normal High-Water Mark shall be minimized. Any riprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
[I5A NCAC 02H.0506(b)(2)]
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H .0507(c)and I5A NCAC 02H .0506(b)(2)and(c)(2)]
9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version ofNCDOT Construction and Maintenance Activities manual such as sandbags,
rock berms,cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
[15A NCAC 02H.0506(b)(3)and(c)(3)]
10. Heavy equipment shall be operated from the banks rather than in the stream channel to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)]
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
D_EQ�
North Carolina Department of Environmental Quality l Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617
919.707.9000
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
14. The Permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards(including any requirements resulting from compliance with§303(d)of the Clean Water Act)
and any other appropriate requirements of State and Federal law. If the NCDWR 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 NCDWR may reevaluate
and modify this certification. [I5A NCAC 02B.0200]
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
16. A copy of this Water Quality Certification shall be maintained on the construction site always. In addition,the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506(b)(2)and
(c)(2)]
17. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization,including all non-commercial borrow and waste sites associated with the project,shall be clearly
marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are
prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and.0502]
18. The issuance of this certification does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal)
having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil
erosion and sedimentation control requirements,etc.
19. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(b)(2)]
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer(or whomever is the authorized agent if a non-NCDOT project)shall complete and return
the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401
Certification has been completed. [ISA NCAC 02H.0502(f)]
21. Native riparian vegetation(i.e.,trees and shrubs native to your geographic region)must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following
completion of construction. [15A NCAC 02B.0506(b)(2)]
22. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow
sites, be in wetlands or streams, compensatory mitigation will be required since that is a direct impact from
road construction activities. [15A NCAC 02H.0506(b)(3)and(c)(3)]
23. 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 to protect surface waters
standards[15A NCAC 02H.0506(b)(3)and(c)(3)]:
D_EC76#
North Carolina Department of Environmental Quality l Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
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.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(b)(3)and(c)(3)]
25. 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 Energy, Mining and Land Resources (DEMLR) or locally delegated program
has released the specific area within the project. [15A NCAC 02H.0506(b)(3)and(c)(3)]
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 sixty(60)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, providing 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:(919)431-3000, Facsimile:(919)431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
The 3rd day of December 2018
DIVISION OF WATER RESOURCES
L1)\ 1.1
da Culpepper
WQC No. WQC004174
D_E
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
- ,,sSTATE ,7s..
r
NORTH CAROLINA
ROY COOPER Environmental Quality
Gavrrnar
MICHAEL S. REGAN
Sec-reran
LINDA CULPEPPER
Intenm£+rector
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
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 this certificate to the 401 Transportation Permitting Unit,North Carolina Division
of Water Resources, 1617 Mail Service Center,Raleigh,NC,27699-1617. This form may be returned to NCDWR by the applicant,
the applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, ,hereby state that,to the best of my abilities,due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials.
Signature: Date:
Agent's Certification
1. ,hereby state that,to the best of my abilities,due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe(periodically,weekly, full time)the construction of the project for the Permittee hereby state
that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the
approved plans and specifications,and other supporting materials.
Signature Registration No.
Date
cP9
North Carolina Department of Environmental Quality!Division of Water Resources
512 North Salisbury Street!1617 Mail Service Center I Raleigh.North Carolina 27699-1617
919.707.9000