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Home My WebLink About20180726 Ver 2_Approval Letter_20210310 DocuSign Envelope ID: E4518FFC-D1DB-46B7-926B-56F6DE42BB3E 7 ,r :i iiiir u r_.. ROY COOPER Governor NORTH CAROL! MICHAEL S. REGAN Enirfronrra rtred Ori II:y Secretary S. DANIEL SMITH Director March 10,2021 Mr.Robert Heuts,Director Sanford Lee Co.Regional Airport Authority 700 Rod Sullivan Road Sanford,NC 27330 Subject: MODIFICATION of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to Raleigh Executive Jetport in Lee County. NCDWR Project No.20180726 ver.2. Dear Mr.Heuts: Attached hereto is a Modification of Certification No.4175 issued to Lee County Airport Authority dated December 3,2018 and modified March 10,2021. If we can be of further assistance,do not hesitate to contact us. Sincerely, DocuSigned by: 9C9886312DCD474... _-or Division of Water Resources Attachments Electronic copy only distribution: James Lastinger,US Army Corps of Engineers,Raleigh Field Office Edward Smail,Michael Baker International File Copy -'dor'--------, :h Carolina Department of Environmental Quality Division of Water Resources s• ` North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: E4518FFC-D1DB-46B7-926B-56F6DE42BB3E MODIFICATION to 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 NCDOT to impact 0.527 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 and modification request dated February 5,2021. The authorized additional impacts are as described below: Additional Wetland Impacts in the Cape Fear River Basin Site Permanent Fill (ac) Mechanized Clearing(ac) Total Wetland Impact(ac) Site 1 0.007 0.040 0.047 Total Additional Wetland Impact for Project Modification: 0.047acres. 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 only valid for the purpose and design that you submitted in your modification application dated February 5,2021. Should your project change,you are required to 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 any additional wetland impacts,or stream impacts, for this project(now or in the future)exceed one acre or 150 linear feet,respectively,additional compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and(7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition,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. Conditions of Certification: 1. All conditions for the original Water Quality Certification for this project dated December 3,2018,still apply Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the 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 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-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. DocuSign Envelope ID: E4518FFC-D1DB-46B7-926B-56F6DE42BB3E 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 This the 10th day of March 2021 DIVISION OF WATER RESOURCES �DocuSigned by: 0,-wkl C kkupwu4,n, -9C9886312DCD474... S.Daniel Smith,Director WQC No.4175 DocuSign Envelope ID: E4518FFC-D1DB-46B7-926B-56F6DE42BB3E ot.`STATE-'',,,,, ti r+ ROY COOPER ;5� 31 t_,u Governor �S DIONNE DELLI—GATTI ''•;,` ,a1n « / Secretary �" = S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality 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 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: 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 jNsio2rNt h ColinaDepartment of ironment Quality 1 ResourcesNORTH CAROUNADorthar Salisbury Street 1617Env Mail Serviceal Center Division Raleigh,NorthofWater Carolina 27699-1617 Department of Environmentel ou.ury 919.707.9000