The URL can be used to link to this page

Home My WebLink About20180726_V3_Raleigh Executive JetPort_North Terminal_9-7-23DocuSign Envelope ID: E975E973-CF8C-4927-B6AB-425BE502D4BA ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Mr. Roberts Heuts, Director Sanford Lee County Regional Airport Authority 700 Rod Sullivan Road Sanford, NC 27330 bheuts(a�raleighexec. com NORTH CAROLINA Environmental Quality September 7, 2023 Subject: MODIFICATION OF 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed improvements to Raleigh Executive Jetport, North Terminal Development in Lee County. NCDWR Project No. 20180726_V3. USACE SAW (2009-01114) Dear Mr. Heuts, Attached hereto is a copy of Certification No. 004174 issued to the Sanford Lee County Regional Airport Authority dated September 7, 2023. If we can be of further assistance, do not hesitate to contact us. Sincerely, DocuSigned by: 0.w�,�, Canupw�.un, 9C9886312DCD474... Richard E. Rogers, Jr. Director Division of Water Resources Electronic copy only distribution: Jean B. Gibby, US Army Corps of Engineers, Raleigh Field Office Edward Smail, Michael Baker International Beth Harmon, Division of Mitigation Services DWR 401 & Buffer Permitting Branch File, LF DocuSign Envelope ID: E975E973-CF8C-4927-B6AB-425BE502D4BA 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS. THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95- 217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations in 15 NCAC 2H .0500. This certification authorizes the Sanford Lee County Regional Airport Authority to impact 0.527 acres of jurisdictional wetlands and 138 linear feet of jurisdictional streams in Lee County. The project shall be constructed pursuant to the application dated August 23, 2018, and modification request dated February 5, 2021 and modification request dated August 4, 2023. These additional authorized impacts are as described below: Wetland Impacts in the Cape Fear River Basin Total Wetland Impacts Requiring Site Permanent Fill (ac) Impact (ac) Mitigation (ac) Site 1 0.15 0.15 0.15 Total 0.15 0.15 0.15 Total Additional Wetland Impacts for Project Modification: 0.15 acres Total Wetland Impacts for Project: 0.62 acres The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your modification application dated received August 4, 2023. Should your project change, you are required to notify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. 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 regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. Condition(s) of Certification: 1. All conditions for the original Water Quality Certification for this project dated December 3, 2018, still apply; E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA � Department of wronmentalouaifty r 919.707.9000 DocuSign Envelope ID: E975E973-CF8C-4927-B6AB-425BE502D4BA 2. Compensatory mitigation for impacts to 0.15 acres of wetlands in the Cape Fear River Basin is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated August 2, 2023 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above - referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. 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. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This the 71 day of September, 2023 DIVISION OF WATER RESOURCES DocuSigned by: Ric ara3' 4Jr., Director WQC No. 004174 E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA � Department of wronmentalouaifty r 919.707.9000