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HomeMy WebLinkAbout20071841 Ver 5_Approval Letter_20130222fith NCdVE R- North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary February 22, 2013 DWQ #: 07 -1841 v5 Buncombe County Asheville Regional Airport Authority Attn: Mr. Lew Bleiweis, Airport Director 61 Terminal Drive, Suite 1 Fletcher, NC 28732 Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions — MODIFICATION Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion (West) USACE Action ID. No. SAW- 2010 -00036 Dear Mr. Bleiweis: Attached hereto is a copy of Certification No. 3753 issued to Mr. Lew Bleiweis and Asheville Regional Airport Authority, dated February 19, 2013. This Certification replaces the Certification issued to you on October 27, 2011 and February 19, 2013. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) NPDES Stormwater Permit, Solid Waste, Sediment and Erosion Control, Dam Safety, Non - discharge and Water Supply Watershed regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Wetlands, Buffers, Stormwater — Compliance and Permitting (Webscape) Unit 1�7One 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 i� O §.aroh P hone 512 N Salisbury St Raleigh, North Carolina 27604 �Phone 919$07 63001 FAX 919$07 64941 Customer Sernce 1 877$23 -6748 Internet a w ncwaterquality org Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion (West) Page 2 of 8 February 22, 2013 Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Unless such a petition is filed, this Certification shall be final and binding. If we can be of further assistance, do not hesitate to contact us. Sincerely, 1 � Karen Higgins, Supervisor Wetlands, Buffers, Stormwater — Compliance & Permitting Unit cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 R. Clement Riddle, CEC, 224 South Grove Street, Suite F, Hendersonville, NC 28792 (via elm't 1> Tasha McCormick, U.S. Army Corps of Engineers, Asheville Regulatory Field Office DWQ ARO 401 files File Copy Filename: 071841v5AshevilleAirportExpansion (Buncombe)401_IC.docx Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion (West) Page 3 of 8 February 22, 2013 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 (Division) Regulations in 15 NCAC 02H .0500, to Mr. Lew Bleiweis and Asheville Regional Airport Authority, who have authorization to place fill within or otherwise impact 0.9 acres of 404 /wetland and 1,796 linear feet of stream, as described within your application received by the N.C. Division of Water Quality (Division) on June 14, 2011, by Public Notice issued by the USACE on June 24, 2011 and received by the DWQ on June 24, 2011, and by additional information received on August 30, 2011, September 15, 2011, January 4, 2013 and February 11, 2013. 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 for the purpose and design that you described in your application and as ' described in the Public Notice. If you change your project, you must notify us and you may be required to send us 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 conditions. Any new owner must notify the Division and request the Certification be issued in their name. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 02H .0506 (h). This approval requires you to follow the conditions listed in the certification below. 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/ Wetland 0.9 (acres) Application Stream 1,796 (linear feet) Application 2. Compensatory Mitigation Mitigation must be provided for the impacts as specified in the table below. We understand that you wish to make payment to the Wetland and Stream Restoration Funds administered by the NC Ecosystem Enhancement Program (EEP) and to the Wash Creek Mitigation Bank to meet this mitigation requirement. This has been determined by the Division to be a Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion (West) Page 4 of 8 February 22, 2013 suitable method to meet the mitigation requirement. Until EEP and Wash Creek Mitigation Bank receives and clears your check, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes payment into the Wetland and Stream Restoration Funds and to Wash Creek Mitigation Bank to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required River and Sub -basin Number Phase #1— Cargo Area 404 /Wetlands — 0 (acres) French riparian Broad /06010105 Stream 1,225 (linear feet) French (perennial) Broad /06010105 Phase #2 — Parallel Taxiway 404 /Wetlands — 1.259 (acres) [0.359 acres was mitigated for in French riparian Version 1, therefore 0.9 acres is required] Broad /06010105 Stream 571 (linear feet) [174 linear feet from EEP; French (perennial) 397 linear feet from Wash Creek Mitigation Broad /06010105 Bank] 3. Stormwater Management Before any permanent impervious surface (i.e., building, roadway, taxiway, tarmac or other similar surface) is installed as part of any phase of the project described in this certification, the applicant must meet all of the following: • The Stormwater Management Plan (SMP) must be approved in writing by the City of Asheville. A copy of the approval letter and approved SMP must be submitted to the Division prior to installation of any impervious surface within the project site. If the project is phased, then the approved SMP for each phase must be submitted to the Division prior to installation of any impervious surfaces associated with that phase. • The'approved Stormwater best management practices (BMPs) must be constructed and operational before any permanent building or other structure is occupied or becomes operational. If the project is phased, then the approved BMPs for each future phase must be constructed and operational before any permanent building or other structure associated with that phase is occupied or becomes operational. • The approved SMP, phased or otherwise, as well as drainage patterns must be maintained in perpetuity. • The SMP may not be modified without prior written authorization from the SMP approval authority. Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion (West) Page 5 of 8 February 22, 2013 4. Sediment and Erosion Control 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. S. 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 /401Permit 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 6. 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. 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, 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 grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project. 7. Construction Stormwater Permit NCGO10000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion (West) Page 6 of 8 February 22, 2013 disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance' with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at http: / /portal.ncdenr.org /web /wci/ws /su /npdessw#tab -w. 8. Culvert Installation All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http: / /www.ncdot.org /doh /operations /BMP manual /download /BMP Manual.pdf) such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion (West) Page 7 of 8 February 22, 2013 9. Protective Fencing 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. 10. Continuing Compliance Mr. Lew Bleiweis and Asheville 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 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 02H .0507(d). Before modifying the Certification, the Division shall notify Mr. Lew Bleiweis and Asheville Regional Airport Authority and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Lew Bleiweis and Asheville Regional Airport Authority in writing, shall be provided to the U.S. 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. 11. 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 of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web site at: http: / /portal.ncdenr.orpJweb /wq /swp /ws/ 401 /certsandpermits /apply /forms. The text of the sample deed notification may be modified as appropriate to suit to this project. 12. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http: / /portal.ncdenr.orpJweb /wq /swp /ws/ 401 /certsandPerm its /apply /forms). 13. 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. Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion (West) Page 8 of 8 February 22, 2013 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 LAMA Permit. This the 22nd day of February 2013 DIVISION OF WA' Charles Wakild, P Director CW/ kah /ijm 3753 . 0