Loading...
HomeMy WebLinkAbout20131263 Ver 1_Approval Letter_20140205February 5, 2014 Wilmington Airport Authority Attn: Jon Rosborough, Airport Director 1740 Airport Boulevard Wilmington, NC 28405 DWR # 13 -1263 New Hanover County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions Wilmington Airport Authority Runway 24 Wildlife Hazard & NAVAID Critical Area Mitigation USACE Action ID. No. SAW -2011-00455 Dear Mr. Rosborough: Attached hereto is a copy of Certification No. 3981 issued to Jon Rosborough and Wilmington Airport Authority, dated February 5, 2014. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. 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 or Administrative Hearings (hereby known as OAH) within sixty (0) calendar days. M pet" fro e J btyaa to -;',­,,,n • r- (ii - (.., fd'p^ /l� , n oa c / rig) caoi n th- ition ttJ rti! i 1 y �3 L- �.= A•lll.i atl:�. �� .. +' H r ii:.`p.+..'.� -L.: �r �J �' Ct/f]h. �mi Y s7 :new OAH Clerk's Office at (919) 431 -'3000 for Information. !a. petition Ir consider=ed tiler when ¢1p original and one (1) copy aiong with any applicable :. A i filing fee is received in the OAH during norn`ral office hours (Monday through. Fr lday be- r-ween 8:00am and 5:00prn, eXdLiding official state holidays). 401 & Buffer Permitting Unit One 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 9 Phone: 919 -807 -63001 FAX: 919- 807 -64941 Customer Service: 1- 877 -623 -6748 Internet. www.ncwaterquality.org F1 ad Wilmington Airport Authority DWR# 13 -1263 Individual Certification #3981 Page 2 of 7 The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, Fed Ex, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy-of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1.601 Mail Service Center Raleigh, NC 27699 -1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Chad Coburn at 910 - 433 -3320 or chad.coburn a ncdenr.gov or Jennifer Burdette at 919 -807 -6364 or jennifer-burdette@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, 5up�4,'Yor 401 & Buffer Permitting Unit cc: USACE Wilnnington :regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 z..i. } ,'� f' R e 5 1.'i i _clan` non /' 13i'�:t"`°: r13�+�'y1 If��ners�,.s�i .�}V t.`�i, •-r�U Yec?�i,�i� %r.,: N f" . 284116, i?WR ;IRO, 401 files DWR 401 & Buffer Permitting Unit Filename: 131263WilmingtonAirportRunway24 (New Hanover)_401_IC.docx Wilmington Airport Authority DWR# 13 -1263 Individual Certification #3981 Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #3981 is issued in conformity with the requirements of Section 401, Public Laws 92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to Jon Rosborough and Wilmington Airport Authority, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on December 5, 2013, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on January 14, 2014. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. 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 provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type, of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary 404/401 Wetlands 1.32 (acres) 0 (acres) Isolated Wetlands 0.24 (acres) Streams � //(acres) (0 ' 2,32L' (linear feet) 0 (line. -^..r feet; j Open Water j 0.33 (acres) ( 0 (acres) j 2. Compensatg_[y Nlitigation Mitigation must be provided for the proposed impacts as specified in the table below. The Division alas r _ ;ei 'ems airj acceo" u Iet— r> pl .t ? IV- t± os4 e' i E titre ii ? nt Pr 1. ;EEP) to meei this mitigation requirement, Until the EEP receives and Gear's your payment, and proof of payment has been pro:-Eued to t1 is Office, no irlpacts specified in this Authorization 4- ertifiCate shall occur. For accounting purpo -se s, this Authorization Certificate, authorizes payment to the EEP to meet the following compensatory mitigation requirement: Wilmington Airport Authority DWR# 13 -1263 Individual Certification #3981 Page 4 of 7 3. 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 Pre - Construction Notification for this project. 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. 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 i"s,led 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. Reclarrnation measures and implementation must compiv with the reciarnation in accordance with the requirements of the Sedimentation Pollution Control Act and Vie 'Vl i sysrnrng Act o* 19.�.. 01. St*fe ! ?n materials r eqjiv ed ,"r 3tabiii,atior arid/or 'e✓ ;it of ero_c ior Control oI wieasures and storniviia er roUtirig and treatment tiiicii be on Site at ail thi -ies. 5. 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 Compensatory Mitigation Required River and Sub -basin Number Stream 2,320 (linear feet) Cape Fear /03030007 404/401 Wetlands 1.32 (acres) - riparian Cape Fear /03030007 L Isolated Wetlands i 0.24 (acres) - nonriparian j Cape Fear /03030007 i 3. 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 Pre - Construction Notification for this project. 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. 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 i"s,led 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. Reclarrnation measures and implementation must compiv with the reciarnation in accordance with the requirements of the Sedimentation Pollution Control Act and Vie 'Vl i sysrnrng Act o* 19.�.. 01. St*fe ! ?n materials r eqjiv ed ,"r 3tabiii,atior arid/or 'e✓ ;it of ero_c ior Control oI wieasures and storniviia er roUtirig and treatment tiiicii be on Site at ail thi -ies. 5. 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 Wilmington Airport Authority DWR# 13 -1263 Individual Certification #3981 Page S of 7 erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. 6. Construction Stormwater Permit NCG010000 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 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 (NCGQ10000), inspection log sheets, and other information may be found at: http://Portal.ncdenr.org/web/­­­`wq/ws/­su/npdessw#tab-w. 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from 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. 8. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life /fish kills. 9. Placement of Culverts and Other Structures in Waters and Wetlands Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered and to allow for aquatic life movement during low flows. Existing stream dimensions (including the Cross section dimensions, pattern aria longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams i-nust be below tie elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20 oercen o-1 like cula ,er'i {4l +.ri.��t :[ t 4giti�ri5 iiaV'OP' i4 i1 !4 iii4?'I.NC i1 :.S �ii f +1 ail o4v into{ flow passage o -i vvrter and aquatic 'life. mgal aiion of cilll�erts 3r: Uietlandi mnust ensure continuity Cif 'vvaier r OE•emo t and u� 1. designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways, or other fill projects are constructed across FEMA- designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. Wilmington Airport Authority DWR# 13 -1263 Individual Certification #3981 Page 6 of 7 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. 10. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. 11. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis- equilibrium. 12. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and /or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area. 13. Any riprap used for stream stabilization shall be of a size and density to prevent it from being carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. 14..A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer titan W feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. 15. This Certification does not relieve the applicant of the responsibility to obtain all other >_'GlFirl c Fed ; :'i'. 7 .:Y t?; or l.f1G' li i3p )1 .1'V : , 16- CCok - tinuirrg .r..o m4p a n C c 'on Rosbtorough and Wilimington Airport Authority shall C0,71AICt 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 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. Before modifying the Certification, Wilmington Airport Authority DWR# 13 -1263 Individual Certification #3981 Page 7 of 7 the Division shall notify Jon Rosborough and Wilmington 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 Jon Rosborough and Wilmington 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. 17. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. 18. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at: ham: /Zportal.ncdenr.org /web /wq /swp /ws /4011certsandpermits/ apply /forms). 19. 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. 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 CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non- compliance with or violation of the conditions herein set forth may result in revocation ui this Certification and may also result in criminal and /or civil penalties. Thos the 5t" day of February 2014 bare, i..i199"ns, Supervisor 401 & Buffer Pern-itting Unit KAH /jab 3981