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HomeMy WebLinkAbout20150013 Ver 1_Approval Letter_20150306XNA ML NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary March 6, 2015 Piedmont Triad Airport Authority Attn: J. Alex Rosser 1000 -A Ted Johnson Pkwy Greensboro NC 27409 DWR # 15 -0013 Guilford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS APPROVAL of Jordan Lake RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS PTIA SDO Repair Project Dear Mr. Rosser: You have our approval for the impacts listed below for the purpose described in your application dated December 5, 2014, received by the Division of Water Resources (Division) December 19, 2015 , with subsequent information on January 14, 2015 and February 19, 2015. These impacts are covered by the attached Water Quality General Certification Numbers 3885 and 3890, the Jordan Lake Riparian Buffer Rules and the conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 13 and 18 once they are issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification (s) or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] and 15A NCAC 02B .0267(8)] Winston -Salem Regional Office Location 450 W Hanes Mill Rd, Suite 300 Winston- Salem, North Carolina 27105 Phone 336- 776 -98001 FAX 336 - 776 -97971 Customer Service 1- 877 - 623 -6748 Internet httpPportalncdenrorg;vvebhvg1ws An Equal Opportunity \ Affirmative Action Employer Piedmont Triad Airport Authority DWR# 15 -0013 401/ Buffer APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site 1 18 (linear feet) Site 2 31 (linear feet) Site 3 315 (linear feet) Buffers —Zone 1 Site 1 1060 (square feet) Site 2 496 (square feet) 441 (square feet) Site 3 16,678 (square feet) 6339 (square feet) Buffers —Zone 2 Site 1 580 (square feet) 1947 (square feet) Site 2 675 (square feet) 785 (square feet) Site 3 1009 (square feet) 11597 (square feet) 2. 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 the Certification /Authorization. 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 approval letter and General Certification (s) /Permit /Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. The Winston Salem Regional Office shall be notified once construction at Site #3 has commenced. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)] 4. The permittee will provide on -site supervision of stability work including, but not limited to bank re- sloping, culvert installation, in- stream structure placement, and riparian zone re- establishment, by an appropriately trained individual. [15A NCAC 02H .0506(b)(2)] 5. Native vegetation shall be used throughout this project All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. [15A NCAC 02H .0506(b)(2)] 6. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] Piedmont Triad Airport Authority DWR# 15 -0013 401/ Buffer APPROVAL Page 3 of 4 7. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures,-,stream banks, or,vegetation may require future repairs or replacement, which requires coordination with the Winston Salem Regional Office to ensure the stability and water quality of the stream _and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 8. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in accordance with the buffer restoration plan immediately following construction. Restoration of trees /shrubs /forest must be completed by the first subsequent planting season (November 1 through March 30). If the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 260 trees per acre at maturity. [15A NCAC 02H.0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B.0267]. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5] This Certification /Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). 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, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 Piedmont Triad Airport Authority DWR# 15 -0013 401/ Buffer APPROVAL Page 4 of 4 One (1) copy of the petition must also be served to DENR- John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act and the Jordan Lake Riparian Buffer Rules as described in 15A NCAC 2B .0267. Please contact Sue Homewood at 336 - 776 -9693 or sue.homewood@ncdenr.Bov if you have any questions or concerns. Sincerely, W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: GC 3885 and GC3890 cc: Richard Darling, Michael Baker Engineering Inc (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 files DWR 401 & Buffer Permitting Unit