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HomeMy WebLinkAbout20071841 Ver 7_USACE Permit_20220420DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS ASHEVILLE REGULATORY FIELD OFFICE 151 PATTON AVENUE, ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 April 20, 2022 Regulatory Division Action ID Number: SAW-2007-03766 Mr. Michael Reisman Greater Asheville Regional Airport Authority 61 Terminal Drive, Suite 1 Fletcher, North Carolina 28732 Dear Mr. Reisman: Enclosed is a Department of the Army permit to discharge fill material into 12 linear feet of stream channel and 0.56 acre of wetland for the Greater Asheville Regional Airport Area 1 Structural Fill project at 61 Terminal Drive, in Asheville, North Carolina. The Corps is issuing this permit in response to your written request of June 15, 2021, and the ensuing administrative record. Any deviation in the authorized work will likely require modification of this permit. If a change in the authorized work is necessary, you should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modified. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant conditions require that: a. You must complete construction before March 1, 2027. b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. d. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. -2- You should address all questions regarding this authorization to Ms. Amanda Jones Fuemmeler at the Asheville Regulatory Field Office, telephone (828) 271-7980 extension 4225. FOR THE COMMANDER /4 S.-tic).— M. Scott Jones Field Office Chief Asheville/Charlotte Regulatory Field Office Enclosures cc (with enclosures): Mr. Todd Bowers Wetlands Protection Section — Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Division of Water Resources Department of Environmental Quality 1617 Mail Service Center Raleigh, North Carolina 27699 cc (via email): Geosyntec Consultants of NC, PC Mr. David Vance - dvance@geosyntec.com Mr. Robert Dunn - rdunn@geosyntec.com NCDEQ, Division of Water Resources Ms. Sue Homewood - sue.homewood@ncdenr.qov NCDEQ, Division of Mitigation Services Ms. Kelly Williams - kelly.williams@ncdenr.gov USACE, Wilmington District, Regulatory Division Mr. Todd Tugwell - todd.I.tugwell@usace.army.mil NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Greater Asheville Regional Airport Authority File Number: SAW-2007-03766 Date: April 20, 2022 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑ SECTION Additional Corps PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifies your rights and options regarding an administrative appeal information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg of the or E above decision. regulations at 33 CFR Part 331. i A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the • ACCEPT: If you received a Standard Permit, you may authorization. If you received a Letter of Permission (LOP), signature on the Standard Permit or acceptance of the rights to appeal the permit, including its terms and conditions, permit. • APPEAL: If you choose to decline the proffered permit you may appeal the declined permit under the Corps of this form and sending the form to the division engineer. of the date of this notice. permit sign the permit document and return you may accept the LOP and LOP means that you accept the permit and approved jurisdictional (Standard or LOP) because of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days This form must be received by C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: information. • • APPROVED JURISDICTIONAL DETERMINATION: ACCEPT: You do not need to notify the Corps to accept date of this notice, means that you accept the approved APPEAL: If you disagree with the approved JD, you Administrative Appeal Process by completing Section You may accept or appeal the approved JD or provide new an approved JD. Failure to notify the Corps within 60 days of the JD in its entirety, and waive all rights to appeal the approved JD. may appeal the approved JD under the Corps of Engineers II of this form and sending the form to the district engineer. This form of the date of this notice. must be received by the division engineer within 60 days E: PRELIMINARY JURISDICTIONAL DETERMINATION: preliminary JD. The Preliminary JD is not appealable. If you You do not need to respond to the Corps regarding the wish, you may request an approved JD (which may be appealed), you may provide new information for further consideration by the by contacting the Corps district for further instruction. Also Corps to reevaluate the JD. 1v Ilr TO AN INITIAL PROFFERED PERMIT SECTION II - REQUEST FOR APPEAL or OBJECTIONS REASONS FOR APPEAL OR OBJECTIONS: (Describe your proffered permit in clear concise statements. You may attach objections are addressed in the administrative record.) reasons for appealing the decision or your objections to an initial additional information to this form to clarify where your reasons or ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the However, you may provide additional information to clarify record. review of the administrative record, the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative information that the review Corps may add new information the location of information that POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer USACE - Wilmington District Attn: Amanda Jones Fuemmeler 151 Patton Avenue, Room 208 Asheville, NC 28801 If you only have questions regarding also contact: Mr. Philip Shannin, Administrative the appeal process you may Appeal Review Officer South Atlantic Division CESAD-PDO U.S. Army Corps of Engineers, 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Amanda Jones Fuemmeler, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 DEPARTMENT OF THE ARMY PERMIT Permittee: Greater Asheville Regional Airport Authority Permit No.: SAW-2007-03766 Issuing Office: CESAW-RG-A NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To discharge fill material into 12 linear feet of stream channel and 0.56 acre of wetlands for the Greater Asheville Regional Airport Area 1 Structural Fill Project. Project Location: Project is located at 61 Terminal Drive, Suite 1, in Asheville, Buncombe County, North Carolina. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on March 1, 2027. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) 1 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit, Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). X Section 404 of the Clean Water Act (33 U.S.C. 1344). Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 2 (REVERSE OF ENG FORM 1721) 5. Reevaluation ofPermit Decision. This office may reevaluate its decision oDthis permit otany time the circumstances warrant. Circumstances that could require o reevaluation include, but are not limited to, the following: a. You fail tocomply with the terms and conditions ofthis permit. b. The information provided by you in support of your permit application proves to have been false, |ncomp/ete, or inaccurate (See 4 above). C. Significant new information surfaces which this office did not Consider in reaching the original public interest decision. Such o reevaluation may result in u determination that it is appropriate to use the suspension, nnndh5oat|on, and revocation procedures contained in 33 CFR 3257 or enforcement procedures such as those contained in 33 CFF| 328.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action vvhena appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in33CFR20S.170\oocornp)iohtheonrrentivanneosureabynonhactnrnthenw|aeondbi||youforthecoot. 8. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit, Your signature belovv, as permittee, indicates that you accept and agree to oonnpk/ with the terms and conditions of this permit. 7- amZ-a- TTEBGREATER ASHEVILLEREG{ONAL (DATE) AIRPORT AUTHORITY This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT COMMANDER) BENJAMIN A.BENNETT COUONEL, U.S. ARMY DISTRICT COMMANDER B When the structures o, work authorized by this permit are still in existence at the time the property is transferred, the bannn and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and condiUono, have the transferee sign and dote below. (TRANSFEREE) (DATE) *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425 SPECIAL CONDITIONS Action ID: SAW-2007-03766 a. Work Limits: All work authorized by this permit shall be performed in strict compliance with the attached permit plans dated March 2021, which are a part of this permit. The Permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Any modification to the attached permit plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands. b. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps -approved modification to this permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c. Permit Distribution: The Permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions and drawings shall be available at the project site during construction and maintenance of this project. d. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction meeting between its representatives, the contractor's representatives, and the appropriate U.S. Army Corps of Engineers Project Manager prior to undertaking any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and conditions contained within the Department of the Army permit. The Permittee shall schedule the preconstruction meeting for a time frame when the Corps, NCDCM, and NCDWR Project Managers can attend. The Permittee shall invite the Corps, NCDCM, and NCDWR Project Managers a minimum of thirty (30) days in advance of the scheduled meeting in order to provide those individuals with ample opportunity to schedule and participate in the required meeting. The thirty (30) day requirement can be waived with the concurrence of the Corps. e. Notification of Construction Commencement and Completion: The Permittee shall notify the U.S. Army Corps of Engineers in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. f. Reporting Address: All reports, documentation, and correspondence required by the conditions of this permit shall be submitted to the following: U.S. Army Corps of Engineers, Wilmington District Asheville Regulatory Field Office, Attn: Amanda Jones Fuemmeler, 151 Patton Avenue, Room 208, Asheville, NC 28801, or amanda.iones@usace.armv.mil. The Permittee shall reference the following permit number, AID: SAW-2007-03766, on all submittals. g. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. h. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to the Corps in writing and by telephone at: 828-271-7980 within 24 hours of the Permittee's discovery of the violation. i. Endangered Species Act: The Permittee shall implement all necessary measures to ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm any federally listed threatened or endangered species. While accomplishing the authorized work, if the Permittee discovers or observes an injured or dead threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington District Asheville Regulatory Field Office, Attn: Amanda Jones Fuemmeler, 151 Patton Avenue, Room 208, Asheville, NC 28801 (828-271-7980 ext. 4225) will be immediately notified to initiate the required Federal coordination. Maintain Flows and Circulation Patterns of Waters: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters and/or wetlands. k. Sediment and Erosion Control: 1) During the clearing phase of the project, heavy equipment shall not be operated in surface waters or stream channels. Temporary stream crossings will be used to access the opposite sides of stream channels. All temporary diversion channels and stream crossings will be constructed of non -erodible materials. Grubbing of riparian vegetation will not occur until immediately before construction begins on a given segment of stream channel. 2 2) No fill or excavation impacts for the purposes of sedimentation and erosion control shall occur within jurisdictional waters, including wetlands, unless the impacts are included on the plan drawings and specifically authorized by this permit. This includes, but is not limited to, sediment control fences and other barriers intended to catch sediment losses. 3) The Permittee shall remove all sediment and erosion control measures placed in waters and/or wetlands, and shall restore natural grades on those areas, prior to project completion. 4) The Permittee shall use appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" to ensure compliance with the appropriate turbidity water quality standard. Erosion and sediment control practices shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to ensure compliance with the appropriate turbidity water quality standards. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project shall remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate sedimentation and erosion control measures shall be implemented prior to any ground disturbing activities to minimize impacts to downstream aquatic resources. These measures shall be inspected and maintained regularly, especially following rainfall events. All fill material shall be adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands. L. Clean Fill: The Permittee shall use only clean fill material for this project. The fill material shall be free of items such as trash, construction debris, metal and plastic products, and concrete block with exposed metal reinforcement bars. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source. M. Water Contamination: All mechanized equipment shall be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the Permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-3300 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act shall be followed. -3 N. Prohibitions on Concrete: The Permittee shall take measures necessary to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is set and cured). O. Compensatory Mitigation: In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit. 4 co K:\PROJECTS\D\DUKE ENERGY\ASHEVILLE AIRPORT\AREA 1 WETLAND PERMIT (GC7177.04)\DWG\GC7177.04P020 date REVIEW BOUNDARY \ (NOTE 9) — COMPLIANCE / BOUNDARY (NOTE 9) / I TOPOGRAPHIC SURVEY LIMIT (NOTES 2 AND 3) ►oo e- LMA EXISTING RIP RAP CHANNEL M\AI_� EXISTING WATERLINE \ (TO BE CONFIRMED) / AREA 1 WEST FILL ll) OIL MW-1 '41,i iirev 41 'i� � ill ys �uv,yvvv-;',4 LEGEND 100' SOIL CORRIDOR EXISTING 60" 0 RCP \ nV EXISTING RIP RAP f..1), `NC-1 PZ-3D 2145 X 750.9 PROPERTY (APPROXIMATE) (NOTES 4 AND 8) REVIEW BOUNDARY (NOTE 9) COMPLIANCE BOUNDARY (NOTE 9) TOPOGRAPHIC SURVEY LIMIT (NOTES 2 AND 3) LIMIT OF CCR (APPROXIMATE) (NOTE 5) STREAMS (NOTE 10) DELINEATED WETLANDS (NOTE 12) FENCE LINE (NOTE 11) UNPAVED ROAD/TRAILS WATER TREE LINE BRUSH LINE EXISTING ELEVATION CONTOUR EXISTING SPOT ELEVATION POWER POLE LIGHT POLE SIGN p POST / GPS CONTROL POINT DRAINAGE STRUCTURE O DRAINAGE OUTLET HEADWALL W EXISTING WATER LINE HYDRANT PZ-2 PIEZOMETER MW-: MONITORING WELL • INCLINOMETER AREA 1 EAST FILL (NOTE 4) l EXISTING FENCE LINE (NOTE 11) PROPERTY BOUNDARY �l LIMIT OF CCR (APPROX) (NOTE 5) 0 100' 200' SCALE IN FEET NOTES: 1. COORDINATES PROVIDED IN NORTH CAROLINA STATE PLANE IN TERMS OF NORTH AMERICAN DATUM OF 1983 (NAD83) AND ELEVATIONS IN TERMS OF FT NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 2. TOPOGRAPHIC CONTOURS PROVIDED BY MCKIM AND CREED BASED ON SURVEYS DATED 4 OCTOBER 2017 AND 1 NOVEMBER 2017. 3. SURVEY INFORMATION OUTSIDE THE LIMITS OF THE MCKIM AND CREED SURVEYS PROVIDED BY AERIAL PHOTOGRAPHY FLOWN 11 DECEMBER 2009 AND GROUND CONTROL SURVEYS PREPARED BY SANBORN, LLC (UNKNOWN DATE). 4. PROPERTY BOUNDARY DELINEATED FROM SANBORN, LLC AND SHALL BE CONFIRMED BY THE CONTRACTOR. 5. LIMITS OF CCR SCALED FROM HISTORICAL DOCUMENTS, SHOULD BE CONSIDERED APPROXIMATE, AND SHOULD BE FIELD VERIFIED. 6. THE PROJECT SITE IS LOCATED IN THE FRENCH BROAD RIVER WATERSHED. 7. PROPERTY LINES AND OWNER INFORMATION OBTAINED FROM BUNCOMBE COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIS) ON 25 JULY 2018. 8. REVIEW AND COMPLIANCE BOUNDARIES PROVIDED BY SYNTERRA CORPORATION ON 16 JULY 2018. 9. STREAM LOCATIONS SURVEYED BY WOOD OF WILMINGTON, NORTH CAROLINA AND THE USACE AND PROVIDED TO GEOSYNTEC 15 JANUARY 2021. 10. FENCE LINE FROM DRAWINGS OBTAINED 17 SEPTEMBER 2018 FROM AVCON, INC. OF CHARLOTTE, NC. 11. WETLANDS SURVEYED BY WOOD OF ASHEVILLE, NORTH CAROLINA AND THE USAGE AND PROVIDED TO GEOSYNTEC 15 JANUARY 2021. AREA 1 CONCEPTUAL CAP DESIGN EXISTING CONDITIONS Geosyntec consultants Geosyntec Consultants of NC, P.C. PROJECT NO: GC7177 I MARCH 2021 FIGURE 1 K:\_PROJECTS\D\DUKE ENERGY\ASHEVILLE AIRPORT\AREA 1 WETLAND PERMIT (GC7177.04)\DWG\GC7177.04P040 - Last Saved by: MFabrizio on 11/8/21 LJ - GA7- MW5 �t� EMERGENCY SPILLWAY WEST STORMWATER POND „! AREA 1 WEST FILL LEGEND EMERGENCY SPILLWAY RELOCATED MW-2B Arips- I_� A._�► ��V'O �/— PROPOSED -4 ^�.��� �> ACCESS DRIVE .N.,--41.1-417mmilliYalliiillPik` c51 I — CULVERT -Az MONITORING WELL "44:1-- IC f, EAST STORMWATER POND COMPLIANCE BOUNDARY (NOTE 7) I REVIEW BOUNDARY (NOTE 7) AREA 1 EAST FILL 2145— X 750.9 i 0 PROPERTY (APPROXIMATE) (NOTES 4 AND 6) REVIEW BOUNDARY (NOTE 7) COMPLIANCE BOUNDARY (NOTE 7) TOPOGRAPHIC SURVEY LIMIT (NOTES 2 AND 3) LIMIT OF CCR (APPROXIMATE) (NOTE 5) STREAMS (NOTE 8) DELINEATED WETLANDS (NOTE 10) FENCE LINE (NOTE 9) UNPAVED ROAD/TRAILS WATER TREE LINE BRUSH LINE EXISTING ELEVATION CONTOUR EXISTING SPOT ELEVATION POWER POLE LIGHT POLE SIGN POST A D W PZ-2 • 2145 GPS CONTROL POINT DRAINAGE STRUCTURE DRAINAGE OUTLET HEADWALL EXISTING WATER LINE HYDRANT PIEZOMETER MONITORING WELL INCLINOMETER PROPOSED FINISH GRADE CONTOUR PROPOSED GRADING BREAKLINE PROPOSED DRAINAGE FLOW ARROW PROPOSED SPOT ELEVATION PROPOSED STORMWATER DRAIN PIPE 0 100' 200' SCALE IN FEET NOTES: 1. COORDINATES PROVIDED IN NORTH CAROLINA STATE PLANE IN TERMS OF NORTH AMERICAN DATUM OF 1983 (NAD83) AND ELEVATIONS IN TERMS OF FT NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 2. TOPOGRAPHIC CONTOURS PROVIDED BY MCKIM AND CREED BASED ON SURVEYS DATED 4 OCTOBER 2017 AND 1 NOVEMBER 2017. 3. SURVEY INFORMATION OUTSIDE THE LIMITS OF THE MCKIM AND CREED SURVEYS PROVIDED BY AERIAL PHOTOGRAPHY FLOWN 11 DECEMBER 2009 AND GROUND CONTROL SURVEYS PREPARED BY SANBORN, LLC (UNKNOWN DATE). 4. PROPERTY BOUNDARY DELINEATED FROM SANBORN, LLC AND SHALL BE CONFIRMED BY THE CONTRACTOR. 5. LIMITS OF CCR SCALED FROM HISTORICAL DOCUMENTS, SHOULD BE CONSIDERED APPROXIMATE, AND SHOULD BE FIELD VERIFIED. 6. PROPERTY LINES AND OWNER INFORMATION OBTAINED FROM BUNCOMBE COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIS) ON 25 JULY 2018. 7. REVIEW AND COMPLIANCE BOUNDARIES PROVIDED BY SYNTERRA CORPORATION ON 16 JULY 2018. 8. STREAM LOCATIONS SURVEYED BY WOOD OF WILMINGTON, NORTH CAROLINA AND THE USACE AND PROVIDED TO GEOSYNTEC 15 JANUARY 2021. 9. FENCE LINE FROM DRAWINGS OBTAINED 17 SEPTEMBER 2018 FROM AVCON, INC. OF CHARLOTTE, NC. 10. WETLANDS SURVEYED BY WOOD OF ASHEVILLE, NORTH CAROLINA AND THE USAGE AND PROVIDED TO GEOSYNTEC 15 JANUARY 2021. AREA 1 CONCEPTUAL CAP DESIGN 2021 PROPOSED GRADING Geosyntec consultants Geosyntec Consultants of NC, P.C. PROJECT NO: GC7177 MARCH 2021 FIGURE 2 DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality November 9, 2021 DWR # 20071841 v7 Buncombe County Greater Asheville Regional Airport Authority Attn: Mr. Michael Reisman 61 Terminal Dr, Suite 1 Fletcher, NC 28732 Delivered via email to: mreisman@flyavl.com Subject: Approval of Individual 401 Water Quality Certification Asheville Regional Airport Area 1 Structural Fill USACE Action ID. No. SAW-2007-03766-311 and SAW-2010-00036 (Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion -West) Dear Mr. Reisman: Attached hereto is a copy of modified Certification No. WQC003753 issued to Mr. Michael Reisman and Greater Asheville Regional Airport Authority, dated November 9, 2021. This Certification modifies and replaces the Certification issued on April 5, 2016. This Certification is being issued to approve a modification requested by the applicant to authorize additional impacts to the Area 1 Structural Fill resulting from construction of a nonpermeable permanent cap layer system for Area 1 to comply with NCDEQSolid Waste requirements. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality 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. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. D_E NORTH CAROLINA Dasemnent of Emlmnmongl Oual North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 2 of 12 Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Asheville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, L DocuSignn�eJd by: 6, 949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Electronic cc: Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 3 of 12 David Vance, Geosyntec Consultants of NC, PC Amanda Fuemmeler, USACE Asheville Regulatory Field Office Andrea Leslie, NCWRC Todd Bowers, EPA, DWR 401 & Buffer Permitting Branch Electronic file Filename: 20071841v7AshevilleAirportStructuralFill(Buncome)_401_IC_mod.docx DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 4 of 12 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC003753 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 and 15A NCAC 02B .0200, to Mr. Michael Reisman and Greater Asheville Regional Airport Authority, who have authorization for the impacts listed below, as described within your modification application received by the N.C. Division of Water Resources (Division) on June 23, 2021 and subsequent information on August 10, 2021 and November 2, 2021. The State of North Carolina certifies that this activity will comply with water quality requirements and 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. The following additional impacts associated with the Asheville Regional Airport Area 1 Structural Fill are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Stream SA 12 (linear feet) 0 (linear feet) 404/401 Wetlands Wetland WB 0.56 (acres) 0 (acres) The following impacts were previously approved by Individual Water Quality Certification #3753 issued on April 5, 2016. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 — Impact #2 Stream Stabilization' 0 (linear feet) 530 (linear feet) S2 — Impact #3 Culvert Extension 90 (linear feet) 0 (linear feet) S3 — Impact #4 Stream Stabilization' 0 (linear feet) 900 (linear feet) Stream Totals 90 (linear feet) 1,430 (linear feet) 404/401 Wetlands W1 — Impact #1 Sediment Basin D Resizing 0.03 (acres) 0 (acres) 1 Stream stabilization proposed to be accomplished using natural channel design. DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 5 of 12 The following impacts were previously approved by Individual Water Quality Certification #3753 originally issued on August 22, 2008 and modified most recently on February 22, 2013 and Individual Water Quality Certification #4024 issued on June 16, 2015. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Certification #3753 Stream 3,469 (linear feet) 0 (linear feet) 404/401 Wetlands 1.259 (acres) 0 (acres) Certification #4024 Stream 0 (linear feet) 0 (linear feet) 404/401 Wetlands 0.15 (acres) 0 (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Mitigation for the additional impacts must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement. Compensatory Mitigation Required River and Sub -basin Number Wetland 0.56 (acres) French Broad 06010105 Stream 12 (linear feet) French Broad 06010105 Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. A total of 4,469 linear feet of stream credits have been purchased from the NC Ecosystem Enhancement Program (EEP) by receipts dated December 11, 2008, October 27, 2011 and March 11, 2013 and 397 linear feet of stream credits have been purchased from the Wash Creek Mitigation Bank by receipt dated March 11, 2013 to meet the mitigation requirement for previously approved stream impacts. A total of 1.768 acre of wetland credits were purchased from EEP by receipts dated December 11, 2008, March 11, 2013 and February 1, 2016 to meet the mitigation requirement for previously approved wetland impacts. DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 6 of 12 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent, and all relative impacts are accounted for and shown on the construction plans. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts 3. Stormwater runoff from impervious surfaces shall be addressed by one or more of the regulated programs: an approved Sediment and Erosion Control Plan, a NPDES stormwater permit, a NPDES wastewater permit, a permit issued by the Division of Solid Waste. Any applicable approvals for long term stormwater treatment shall be secured by the Permittee prior to conducting any impacts approved in this modified Certification. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification (applies to all listed conditions above): In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture) and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts 4. The permittee shall report to the DWR Asheville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non- compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 7 of 12 Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 7. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 8 of 12 Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 10. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 9 of 12 deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 11. All work in or adjacent to streams 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 Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. If concrete is used during 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. DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 10 of 12 Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 15. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 16. Any rip -rap 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 rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 11 of 12 and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 17. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 18. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 19. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 20. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. DocuSign Envelope ID: 315EEB9D-6603-45B5-869D-61 E7158FC1 F8 Greater Asheville Regional Airport Authority DWR# 20071841 v7 Individual Certification #WQC003753 Page 12 of 12 Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 21. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 22. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. 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. [15A NCAC 02H .0507(c)] This, the 9th day of November 2021 DocuSigned by: Pa wG W020da 949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch PAW/SLH WQC003753 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Greater Asheville Regional Airport Authority Action ID: 2007-03766 Project Name: Asheville Regional Airport Area 1 Structural Fill County: Buncombe Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 06010105, French Broad River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 12 0.56 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 06010105, French Broad River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 12 0.56 Mitigation Site Debited: (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Date July 7, 2020 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army. mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: USACE Field Office: Email: Amanda Jones Fuemmeler Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 amanda.jones@usace.army.mil February 28, 2022 istrict Project Wilmingto Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2