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HomeMy WebLinkAbout20051711 Ver 1_Approval Letter_20060214Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 14, 2006 Mr. Dan Danieley Burlington-Alamance Airport Authority 3441 North Aviation Drive Burlington, NC 27215 Re: Burlington-Alamance Airport Authority Expansion, Alamance County DWQ #OS-1711; USACE Action ID. No. 200320418 APPROVAL of 401 Water Quality Certification Dear Mr. Danieley: Attached hereto is a copy of Certification No. 3553 issued to Mr. Dan Danieley of Burlington-Alamance Airport Authority, dated November 17, 2005. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. This Certification replaces the one issued to you on December 1, 2005. If we can be of further assistance, do not hesitate to contact us. Sincerely, .~ Alan W. Klimek, P. . AWK/cbk Attachments: Certificate of Completion cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Wilmington District, USACOE Daryl Lamb, DWQ, Winston-Salem Regional Office DLR Winston-Salem Regional Office File Copy Central Files Jay Talbert, Talbert & Bright, 4810 Shelly Drive, Wilmington, NC 28405 Filename: 051711Bur1_Alam RegAirportRunway24Ext(Alamance)401_IC 401 OversighUExpress Review Permits Unit 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http://h2o.enr.state.nc.us/ncwetlands No°e Carolina ~tura!!y An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper Burlington-Alamance Airport Authority Page 2 of 6 February 14, 2006 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Dan Danieley ofBurlington-Alamance Airport Authority to impact or fill 1,7701inear feet of streams and 0.72 acre of wetland in the Cape Fear River Basin, associated with the construction of Burlington-Alamance Airport Authority Expansion Area site in Alamance County, North Carolina, pursuant to an application filed on the 5`~ of October , 2005, received by the Division of Water Quality on October 7, 2005, and in additional information received January 12, 2006. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount A roved nits) Plan Location or Reference Stream 1,770 (linear feet) of streams US Army Corps of Engineers Public Notice, 5 October 2005 404/Wetlands 0.72 (acres) of wetland US Army Corps of Engineers Public Notice, 5 October 2005 Miti ag tion: 2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP Burlington-Alamance Airport Authority Page 3 of 6 February 14, 2006 should be contacted at (919) 733-5208 if you have any questions concerning payment into a restoration fund. You have until July 31, 2006 to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number Stream 1,770 (linear feet) Cape Fear/03030002 Sediment and Erosion Control: 3.. 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 in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The 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. c. 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. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 6. Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section .0500; Burlington-Alamance Airport Authority Page 4 of 6 February 14, 2006 7. Riparian vegetation should be preserved to the extent possible. Native trees and shrubs indigenous to your physiographic region should be restored wherever possible along the repaired streambank to reestablish the riparian zone and to provide long-term erosion control; Deed Notifications: Deed Notifications - In the event that the Burlington -Alamance Regional Airport undertakes to transfer property ownership of any airport land containing retained jurisdictional wetlands, waters and protective buffers, deed notifications or similar mechanisms shall be placed on all said jurisdictional areas on the property in order to assure compliance for future wetland, water and. buffer impact. These mechanisms shall be put in place prior to said property transfer. A sample deed notification can be downloaded from the 401 Oversight and Express Permits Unit web site at h2o. enr. state.nc.us/ncwetlands; Stormwater: 9. Written Stormwater Management Plan (Final Plan Needed) A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 6 months of the issuance of the 401 Water Quality Certification. The stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur. You have the option of using the Express Review Program for expedited approval of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. The, stormwater management plan must include plans, specifications, and worksheets for stormwater management facilities that are appropriate for the surface water classification and designed to remove at least 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 10. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO 10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms maybe found at http://h2o.erzr.state.~zc.ics/su/Forms Documents.htm.; Burlington-Alamance Airport Authority Page 5 of 6 February 14, 2006 Continuing Compliance: 11. Mr. Dan Danieley and Burlington-Alamance Airport Authority, shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Dan Danieley and/or Burlington- Alamance Airport Authority and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Dan Danieley and/or Burlington-Alamance Airport Authority in writing, shall be provided to the United States 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; Culverts: 12. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Burlington-Alamance Airport Authority Page 6 of 6 February 14, 2006 Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. Certificate of Completion: 13. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or LAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 14th day of February 2006 DIVISION OF WATER QUALITY 1~~ ~ Alan W. Klimek, P.E. AWK/cbk/~m ~~F W A TF9~ Michael F. Easley, Governor \~ (,. William G. Ross Jr., Secretary C~ T~'.. North Carolina Department of Environment and Natural Resources j ~ ~ „~ Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Burlington-Alamance Airport Authority has permission as outlined below to impact 1,7701inear feet of stream and 0.72 acres of wetland for the purpose(s) of constructing the proposed Runway 24 Extension in Alamance County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: 3441 North Aviation Drive, Burlington, NC COUNTY Alamance BASIN/ SUB BASIN Cape Fear/03030002 As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 1,7701inear feet of stream 1,7701inear feet In correspondence dated July 21, 2005, the EEP indicated that up to 3,5401inear feet of warm stream mitigation, and 1.44 acres of riparian wetland mitigation will be conducted by EEP if necessary. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919)733-5205 Filename: 051711 Burl_AlmRunway24Ext(Alamance~l01_EEP 401 OversightlExpress Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: http:/lh2o.enr.state.nc.us/ncwetlands No°e Carolina turally An Equal OpportunitylAffirmativeRction Employer- 50% Recycled110% Post Consumer Paper