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HomeMy WebLinkAbout20120460 Ver 1_Approval Letter_20120626North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Cove no Division of Water Quality Charles Waklld P E DI ecto d uttt 26 2012 Mr Joe Tate Jr Lincolnton Lincoln County Regional Airport Authority PO Box 6607 Mount Airy NC 27030 Dee Freeman Secrcta ; Re L ncoln *on Lmcoli' Co -nty Regional Airport Rule a3 Saf -tv Tmprovern -niq L arc -ln County Ut to Lick Run (030833 11 119 1 6 C) Division #2012 0460 USACE Action ID No SAW 2012 00848 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Tate Attached hereto is a copy of Certification No 3929 issued to Mr Joe Tate Jr and the Lincolnton Lincoln County Regional Airport Authority dated June 26 2012 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 Sincer vt L 6�, Wakild P E Attachments Certificate of Completion NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303 U S Army Corps of Engineers Asheville Regulatory Field Office Wilmington District USACOE Ed Smail LPA Group (via email) Alan Johnson Division Mooresville Regional Office DLR Mooresville Regional Office File Copy Eric Mularski HDR Engineering Inc of the Carolinas 440 South Church Street Charlotte NC 28202 Filename 120460Ltncolnton_ LmcoinCountyRegionalArrportRunwaySafety [mprovements(Lmcoln)401_IC l retlands 6 fer 5 ormwater Compliance ono P rmittirg &ebscape) Un r 1 ,)50 N d l S vic (enter Raleigh � onn nrchna 11 99 ir50 Phone 919 807 63 01 FAX 919 80 6494 Internet htfp 1 portal ncdenr org /wetrwgly s An Egaal ')pportunity 1 Affirmative Action Employee Mr Joe Tate Jr and the Lincolnton Lincoln County Regional Airport Authority Page 2 of 5 Tine 26 2012 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CER FICATION ib lasueu in t orfunnity with the regtl►lenieilLS of "oeCtiun 401 Public Lawn 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (Division) Regulations in 15 NCAC 2H Section 0500 to Mr Joe Tate Jr and the Lincolnton Lincoln Countv Regional Airport Authority have permission to fill impact or otherwise impact 1 510 linear feet of stream associated with the proposed runway safety improvements at the site which is located within the Catawba River Basin The site is located at 714 Jack Dellinger Drive (Airport Road) Iron Station Lincoln County North Carolina pursuant to an application dated March 16 2012 and received by the Division on May 8 2012 and by Public Notice by the U S Army Corpq of Engineers is-.ued on the 2 S0' day of Mav of 2012 and received by the Division on May 29 2012 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 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 Division 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 Im act Amount Approved nits Plan Location or Reference Stream 1 510 (linear feet) Application and Public Notice 2 Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below We understand that you wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement This has been determined by the DIVISION to be a suitable method to meet the mitigation requirement 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 (919) 733 5205 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 p Mr Joe Tate Jr and the Lincolnton Lincoln County Regional Airport Authority Page 3 of 5 June 26 2012 accounting purposes, this Authorization Certificate authorizes payment into the Stream Restoration Fund to meet the following compensatory mitigation requirement Typo of'trpact � �Coarpsrsatory N itiga iop Reg ii- d a- d Eub rtiias n w t rater stream 1 1 510 (linear feet) i t-atawoai0305ul0l 3 The outside buffer wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer wetland or water prior to any land disturbing activities to ensure compliance with the limits approved by this Certification 4 For Phase 2 and Phase 3 of this project final Construction Plans shall be submitted to the Division at least y0 days prior to any impacts tojurisdictional waters The Permittee shall submit a permit modification request ifjurisdictional impacts increase beyond those approved in this certification as a result of final design no impacts shall occur during the review of any permit modification requests 5 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 and if applicable comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site a 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 b 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 c Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971 d Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times 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 404/401 Permit Application including incidental impacts 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 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit Sediment and erosion control measures shall not be placed in wetlands or waters Exceptions to this condition require application submittal to and written approval by the Division of Water Quality If placement of sediment and erosion control devices in wetlands and waters is unavoidable then 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 downstream of the above structures All sediment and erosion control devices shall be removed and the natural Mr Joe Tate Jr and the Lincolnton Lincoln County Regional Airport Authority Page4of5 June 26 2()12 grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the specific area within project All is ork P or adjacent to jn -arri -- aters shall he condicted so that tiie fio% ing -trea— doe.. -of- come contact wim the aisturoea area Approved best management practices trom the most current version of the NC Sediment and Erosion Control Manual or the NC DOT Construction and Maintenance Activities Manual such as sandbags rock berms cofferdams and other diversion structures shall be used to minimize excavation in flowing water Exceptions to this condition require application submittal to and written approval by the Division of Water Quality 9 Mr Joe Tate Jr and the Lincolnton Lincoln County Regional 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 ana federal law if the Division aetermines that sucn standaras 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 Joe Tate Jr and the Lincolnton Lincoln County Regional 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 Joe Tate Jr and the Lincolnton Lincoln County Regional Airport Authority in writing shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act and shall also become conditions of the 404 Permit for the project 10 If your project requires a Stormwater Management Plan (SMP) it must be approved by either the Wetlands Buffers Stormwater Compliance and Permitting Unit or 401 Regional Office or if the project is subject to another State stoimwater program a copy of the approved letter and approved SMP must be submitted before any impacts authorized under this 401 Water Quality Certification may occur 11 All mechanized equipment operated near surface waters should be inspected and maintained often to prevent contamination of stream waters from fuels lubricants hydraulic fluids or other toxic materials Concrete is toxic to aquatic life and should not be allowed to come in contact with surface waters until cured 12 Sediment and erosion control measures should be installed prior to any land clearing or construction These measures should be routinely inspected and properly maintained Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat suffocation of eggs and clogging of gills of aquatic species 13 This Certification does not relieve the applicant of the responsibility to obtain all other required Federal State or Local approvals 14 Upon completion of all permitted impacts included within the approval and any subsequent modifications the applicant shall be required to return the certificate of completion attached to the approval One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center Raleigh NC 27699 1650 15 This certification grants permission to the director an authorized representative of the Director or DENR staff upon the presentation of proper credentials to enter the property during normal business hours Mr Joe Tate Jr and the Lincolnton Lincoln Countv Regional Airport Authority Page 3 of S June 26 20121 This Certification shall expire on the same day as the expiration date of the corresponding 404 Permit The conditions in effect on the date of issuance of Certification shall remain in effect for the ufe of the project, regaraiess of the expiration date of tins Certification If this Certification is unacceptable to you you have the right to an adiudicatory 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 Mall 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 modifratlnnc upon writtPri request within ,.axty (AO) day,. following rPeeint of the Certifientinp I plPCS such demands are made this Certification shall be final and binding This the 26t` day of June 2012 Division OF WATER L1TY , 2, Charles Wakild P E 3929 CW/kah/ym ��i® RUDE NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild P E Dee Freeman Governor Director Secretary North Ca.oli-a Divisior of "x'ate Qualitv 401 Water Quality Certification Sammar) of Permitted Impact and M tig -tion Regi.iremerts In accordance with 15A NCAC 2H 0500 Mr Joe Tate Jr and the Lincolnton Lincoln County Regional Airport Authority have permission to fill impact or otherwise impact 1 510 linear feet of stream associated with the proposed runway safety improvements at the site which is located at 714 Jack Dellinger Drive (Airport Road) Iron Station Lincoln County North Carolina All activities associated with these authorized impacts must be conducted with the conditions listed m the attached Permit transmittal letter I HIS CER 111• IC,A 1 ION IS NO1 VALID WITHOUT THE ATTACHMENTS COMPENSATORY MITIGATION REQUIREMENTS ECOSYSTEM ENHANCEMENT PROGRAM EEP Project Name Lincoln County Regional Airport Runway Safety Improvements DWQ PROJECT # 20120460 LOCATION Iron Station COUNTY Lincoln BASIN/ SUB BASIN Catawba/03050101 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 15 211 0503(b) Impacts I Mitigation 1 510 Linear Feet of Stream 1 1 510 Linear Feet of Stream 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 2110503 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 (919) 716 0476 Filename 120460Li ncolnton_ LmcolnCountyRegionalAirportRunwaySafetylmprovements (Lmcoln)401_IC_EEP Vetlano Buffers Sformv ater (,omphance ai 1 Pem it u1(1 On I (WeBOCaPel 1650 f ul ServnrF (,PI er Raleigf, om C if ti nr MC Phone 1D rn7 100 F X 91 80 ^c tone h 1' 41 or al r rden r rgA e �jq /v An Eqj tl Cppr rtun tv 1 Atfirmah e dior rn pioyPi