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