20001195 Ver 15_Approval Letter_20151013

hJo�h Carolina Department mfEnvironmental Quality
Pat McCrory
Governor
October l3,ZOI5
Federal Aviation Administration
Terminal Engineering Center
Attn: Ms. Courtney J. Nolan, P. E.
PO Box 20036
Atlanta, 6A3O32O
Donald R. van der V@Grt
Secretary
DVVR#OO-1Iq5Vl5
Mecklenburg County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
[[T Airport Traffic Control Tower Project
USACE Action ID. No. SAVV-2O14-OO83O
Dear K4S. Nolan:
Attached hereto is a copy of Certification Nn. 4034 issued to Ms. Courtney J. Nolan and Federal
Aviation Administration, dated October 13, 2015. Please note that you should get any other
federal, state Or local permits before proceeding with the subject project, inc|udingthOs2requin2d
by /but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4ofGeneral Statute I5OBbv filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within shrh/
(60) calendar days.
A petition form may be Obtained from the OAH at .ncOah.con)/orh« calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and One /2\ copy along with any applicable OAH filing fee i5 received in the OAH during normal
office hours (Monday through Friday between 8:008rn and 5:00pno, excluding official state
The petition may he faxed to the OAH at (919) 43I-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.
Dvinion of Water Resources -481& Buffer PenmhUnAUnit
1G17Ma�| Service Cane[ Raueigh, North Cardina278Q8 1617
Lmnoion�512NDa||mbury St, Raleigh, North Carolina 278O4

Federal Aviation Administration
DVVR#OO1195VI5
Individual Certification #4O34
Page 2 of 7
Mailing address for the OAH:
If sending via U8 Postal Service: If sending via delivery service (UFS,FedEx,ou±
Office Of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center I71I New Hope Church Road
Raleigh, N[27599-67I4 Raleigh, N[276O9-6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
26Ol Mail Service Center
Raleigh, N[27699-lb01
Unless such a petition i5 filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and l5ANCACO2H.D5OO. Contact Alan Johnson at7O4-395-32OOOra|anjOhnson@ncdenr,gOv|f
you have any questions Orconcerns.
Sincerely,
Karen Higgins, Sup2rviSOrL1
401 & Buffer Permitting Unit
cc: Mr. Charles Benton, AECOM/URS, 1600 Perimeter Park Drive, Morrisville, NC 27560
USACE Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVRMRO4OIfile
DVVR4Ol Oi Buffer Permitting Unit file

Federal Aviation Administration
DWR# 00-1195 V15
Individual Certification #4034
Page 3 of 7
CERTIFICATION #4034 is issued in conformity with the requirements of Section 401, Public Laws
92-5OO and 95-2l7of the United States and subject tO North Carolina's Regulations in15NCAC
02H .0500. to M5. Courtney J. Nolan and Federal Aviation Administration, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of
Water Resources (Division) on August 7, 2015 and subsequent information on August 20, 2015
and September ll,2O15,and by Public Notice issued by the U.S. Army Corps of Engineers and
received by the Division OD November 25,2O14.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections ]O1,3O2,3O3,3O6, 3O70fthe Public Laws 92-50O and PL95-217if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you tm follow the conditions listed in the certification below.
Conditions mfCertification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the other specific and
general conditions Of the Certification are met. NO other impacts are approved, including
incidental impacts. [15ANCACO2H.O5O6(b) &k1l
404/401 Wetlands
She I
Streams
Site
2. Comvensatory Mitigation
Amount Approved
(units)
Permanent
/ U.007(acnB)
|7O9 (linear feet)
Amount Approved
(units)
Temporary
| 0 (aCr8)
| O (linear feet) |
Mitigation must be provided for the proposed wetland impacts as specified in the table
below. The Division has received an acceptance letter from the NC Division of Mitigation
Services (DK4S) tQ meet this mitigation requirement. Until the L}K85 receives and clears your
payment, and proof of payment has been provided to this Office, 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 [15A NCAC 02H .0506 (b)(6)]:

Federal Aviation Administration
is hlrvja��161
Individual Certification #4034
Page 4of7
Compensatory
River and
Mitigation Required
Sub-basin
Number
Catawba/
Streams 709 (linear
'
` '
03050I03
3. Stormwater Management Plan
You are required to provide one copy of the approved SMP, including plan details on full-sized plan
sheets, with proof of City of Charlotte's approval. The approved SMP shall be submitted to the UVVR
4O1& Buffer Permitting Unit (1617 Mail Service Center, Raleigh, N[ 27699-1617) before any
impacts authorized in this certification occur. After it is approved and submitted to the Division, the
SMP may not be modified without prior written authorization from City of Charlotte. |f the SMPis
modified in the future, then you shall provide one modified SMP with proof of approval to the DWR
401 & Buffer Permitting Unit prior to the commencement of the modifications. [154NCACO2H
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 Pre-Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0503]
5. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. |f applicable, the project rnustconnp|yvviththespeciUcoonditions
and requirements of the NPIDES Construction Stormwater Permit issued to the site and the
following requirements [15AN[ACO2H.O5OO/bV3> and (c)(3\l:
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version Of the North Carolina Sediment and Erosion Control
Manual. The devices shall bemaintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must bedesigned,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
C. Reclamation measures and implementation must comply with the r8C|ann8tiOn in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.

Federal Aviation Administration
DVVR#OU'lI95VI5
Individual Certification #4O34
d. Sufficient rn3t8ha|5 required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval bythe
Division. |f placement Of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream Ofthe above structures. All sediment and
erosion control devices shall b8removed and the natural grade restored within two /2\
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. /15ANCACO2H
.O5Ol and .O5O2l
7. Construction Stormwater Permit NCGO10000
An NPDE5C0nstruction StOnmxxater Permit is required for construction projects that distunb
one /I\or more acres Qfland. This Permit allows sturnovvatertVbedischarged during land
disturbing construction activities 35 stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation DOntnJ| plan, inspections and maintenance, self-monitoring, reCOn]
keeping and reporting requirements isrequired. A copy of the general permit
/NCG01OO8O\, inspection log sheets, and other information may befound at
�ittp,/fP0NL@[.ricdenr.0r q/vvs/'6u/mpdes5wv#tab-wv. I5ANCACO2H .0506(b)(5) and
O. Work in the Dry
All work inVr adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [I5A
9. If concrete isused during the construction, then all necessary measures shall he taken tO
prevent direct contact between uncured Or curing concrete and waters Of the state. VV3t8r
that inadvertently contacts uncured concrete shall not be discharged tO waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15ANCACO28.0200]
10. Any hpnap 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 riprapshall be buried and/or "keyed in" such that the original
stream elevation and 5treGrnb8nhCOntOurs are restored and nn@int2in2d. Placement ofripr8p

Federal Aviation Administration
Individual Certification #4034
Page 6 of 7
or other approved materials shall not result in cle-stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)]
II. Any hprap used for stream stabilization shall beofa size and density to prevent movement b«
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the Streanobed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
12. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but i6 restricted tOnO closer than 1O feet from top Of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [I5ANCACO28.023I]
IS. This Certification does not relieve the applicant Vf the responsibility to obtain all other
required Federal, State, or Local approvals.
14. Continuing Compliance
K45. Courtney J. Nolan and Federal Aviation Administration shall conduct construction
activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 3O3(d)Ofthe Clean Water Act) and any
other appropriate requirements ofState and Federal law. [15ANCA[038.0200] If the
Division determines that such standards Or |avvS are not being met (including the failure tO
sustain 3designated or achieved use) or that State nr federal law is being violated, 0rthat
further conditions are necessary to assure compliance, the Division may reevaluate and
modify this Certification. Before modifying the Certification, the Division shall notify K85.
Courtney J. Nolan and Federal Aviation Administration and the U.S. Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for
public hearing in accordance with 15ANCACO2H.0504. Any new 0r revised conditions shall
be provided to Ms. Courtney]. Nolan and Federal Aviation Administration in writing, shall be
provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
the project.
l5. This approval is for the purpose and design described in your application and 3S described in
the Public Notice. The plans and specifications for this project ameincorporatedb«r8ferenc8
and are an enforceable part of the Certification. |f you change your project, younnustnotif«
the Division and you may be required to submit a new application package with the
appropriate fee. |f the property iS sold, the new owner must be given a copy Ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [I5ANCACO2H.O5O1and

Federal Aviation Administration
Individual Certification #4034
Page 7 of 7
25. The applicant and/or authorized agent shall provide aCOrnp|eted Certificate of Completion
Form tothe DVVR4Ol & Buffer Permitting Unit within ten days of project C0nop|etiOn
(available at: ��V/formns).
[15AN[ACO2H.0502Hl]
17. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCACO2H .0502(e)]
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. |15AN[A[02H .0507(d)(2) and lSAN[AC
02H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 1]th day Of October 2O15
Karen Higgins, Supemiso� /
40I& Buffer Permitting Unit