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HomeMy WebLinkAbout20001195 Ver 15_Corps of Engineer Correspondence_20160212DEPARTMENT OF T14E ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 February 4, 2016 Regulatory Division Action ID: SAW -2014-00838 Ms. Courtney Nolan Federal Aviation Administration (FAA) AJW-E 11 D 1701 Columbia Avenue College Park, Georgia 30337 Dear Ms. Nolan: Enclosed is a Department of the Army permit to impact to 709 linear foot of intermittent stream channel and 0.007 acres of wetlands associated with the construction of a new Airport Traffic Control Tower (ATCT) and Terminal Radar Approach Control (TRACON) building at the Charlotte -Douglas International Airport (CLT). The Corps is issuing this permit in response to your written request of September 2, 2014, 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 December 31, 2021. 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. -2 - You should address all questions regarding this authorization to Crystal Amschler at the Asheville Regulatory Field Office, telephone (828) 271-7980 extension 231. Sincerely, Kevin P. Landers, Sr. Colonel, U.S. Army District Commander Enclosures cc (with enclosures): URS Corporation Mr. Chris Petterson 6000 Fairview Road, Suite 200 Charlotte, North Carolina 28210 1/Ms. Karen Higgins North Carolina Department of Environment and Natural Resources Division of Water Resources Mail service center 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NOAAJNational Ocean Service 1315 East -west Hwy., Rm 7316 Silver Spring, Maryland 20910-3282 Ms. Shari Bryant Western Piedmont Coordinator NC Wildlife Resources Commission 1721 Mail Service Center Raleigh, North Carolina 27699 U.S. Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 I Mr. Fritz Rohde National Marine Fisheries Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Todd Bowers Wetlands Protection Section -- Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management NC Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Dr. Pace Wilber National Marine Fisheries Service 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ni3TTCTIiIi1T O ADMTit`RATI:APPEAi, OPTIONS PROCESS AND ', �� , RE�LTE�T Ff3 A. I"�AL µn Applicant Dile Number Date: FEDERAL AVIA TION ADMINISTRATION SAW -2014-00838 February 4, 2016 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A -- --- ---- ----- ® PROFFERED PERMIT (Standard Permit or Letter ofpernission) B ❑ PERMIT DENIAL _ C Ell APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY R-)RISDICTIONAL DETERMINATION F, SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at bLp://www.usace.army.mil/inct/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. 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 final 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 terns and conditions, and approved jurisdictional detenninations associated with the permit. • OBJECT: If you object to the pennit (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 pennit 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 permit • ACCEPT: If you received a Standard Pennit, you may sign the pennit document and return it to the district engineer for final 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 terns and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined pennit 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. C: PERMIT DENIAL: You may appeal the denial of a pennit under the Corps of Engineers Administrative Appeal. Process by completing Section 1I 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: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this fora and sending the torn to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the t-1 preliminary JD. The Preliminary JD is not appealable. If you wish, you may request all approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION If - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS .FORAPPEAL, OROBJEC'FIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Crystal Anischler CESAD-PDO USACE U.S. Army Corps of Engineers, South Atlantic Division 151 Patton Avenue, Room 208 60 Forsyth Street, Room I OM 15 Asheville, NC 28801 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 opportuni y 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: Crystal Amschler, 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. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303- 8801. Phone: (404) 562-5137 Special Conditions SAW -2014-00838 Failure to institute and carry out the details of the following special conditions will result in a directive to cease all ongoing and permitted work within waters of the U.S. associated with the permitted project, or such other remedies and/or fine as the Wilmington District Engineer, or his authorized representatives, may seek WORK LIMITS a. CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict compliance with the attached plans 10/21/2014, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps ot'Engineers (USACE) prior to implementation. b. UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any USAGE 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. MAINTAIN CIRCULATION AND FLOW 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 or wetlands. d. PROHIBITIONS ON CONCRETE: The pen-nittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete, from coining 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). RELATED LAWS e. WATER CONTAMINATION: All mechanized equipment will 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 will be followed. f. NCDWR 401 Cert: In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Water Resources 401 Water Resources Certification No. 3845 Dated December 22, 2010 are hereby incorporated as special conditions of this permit. PROJECT MAINTENANCE g. CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. h. 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, shall be available at the project site during construction and maintenance of this project. i. SILT -FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the pen -nit area. 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 must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I 3A Article 4). 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. k. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion. ENFORCEMENT REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS AND HARBORS ACT: Violation of these conditions or violation of Section 404 of the Clean Water Act of Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permitee's discovery of the violation. m. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in an administrative financial penalty and/or directive to cease work until the problem is resolved to the satisfaction of the Corps. COMPENSATORY MITIGATION n. In order to compensate for impacts associated with this pen -nit, 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 authorization. o. THREATENED AND ENDANGERED SPECIES: All necessary precautions and. measures will be implemented so that any activity will not kill, injure, capture, harass, or measures will be implemented so that any activity will not kill, injure, capture, harass, or otherwise harm any protected federally listed species. While accomplishing the authorized work, if the permittee discovers or observes a damaged or hurt listed endangered or threatened species, the District Engineer will be immediately notified to initiate the required Federal coordination. The following additional conditions will be implemented regarding endangered species: (1) In order to ensure that the project does not result in any adverse affects to the Northern long-eared bat (NLEB) (M))oits septentrionalis), a tree cutting moratorium of May 15 - August 1.5 will be in effect. North Carolina Department nJEnvironmental []UB|Nn Pat McCrory Governor October 13'2Ol5 Federal Aviation Administration Terminal Engineering Center At n: K4o. Courtney J. Nolan, P. E, POBox 2OG36 Atlanta, GA3O5ZO Donald R V8D derVaBrt SeCnetar�� DVVR#O0-1I95VIS Mecklenburg County Subject: ApprovalofIndividual 401 Water Quality Certification with Additional Conditions CLT Airport Traffic Control Tower Project USA[EAction ID. No, S4VV'2O24-0O85Q Dear Ms. Nolan: Attached hereto is a copy of Certification No. 4034 issued to Ms. Courtney J, Nolan and Federal Aviation Administration, dated October 13, 20I5, Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required 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 he contested asprovided inArticles 3and 4OfGeneral Statute l50Bbvfiling awritten petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) ca lencla r days. A petition form may be obtained from the OAH at or bvcalling the DAH Clerk's Office at (919)431-]OOOfor information. Ape1itiOn isconsidered filed when the original and one (I) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00arn and 5:00pnn, excluding official state The petition may be faxed to the OAH at (919) 431-3I00, 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, D�wyiondAlaterqnnuucm-401&Bu`lmParmNVngUhl 1617Nlai(Senice 7 Mailing address for the OAH: Ifsen xding wioL8Postal Service: Office ofAdministrative Hearings G714Mail Service Center Raleigh, N[27G9g-6714 Federal Aviation Administration DvVR#OO-213SV15 Individual Certification #4O34 Page 2o|7 Ifsending via delivery service (UfS, FedEx, etc): Office of Administrative Hearings I71INew Hope Church Road Raleigh, NC27GD9-6285 One (1) copy of the petition must also be served to DENR: Sam M.Hayes, General Counsel Department ofEnvironmental Quality lGOIMail Service Center Raleigh, N[27699'16O2 This certification completes the review of the Division under section 401 of the Clean Water Act and 15ANCA[D2HD5OO. Contact Alan Johnson at7D4'235-]2OOor if you have any questions or concerns. Sincerely, Karen Higgins, Supen/borL/ 4Dl&Buffer Permitting Unit cc: Mc Charles Renton'AE[OM/URI 16OOPerimeter Park Drive, Morrisville, N[27560 U3ACEAsheville Regulatory Field Office Todd Bowers, EPA, 5ann Munn Federal [enter, 61 Forsyth Street SW, Atlanta, GA 30303 DVVRMRO 401file DVVR4D1&Buffer Permitting Unit file Filename: OOIl95Vl5[har|otteDouglagntAirpnrtTi-aff}cConzmlTuwer(N1erk|enbvrg)_4O1—I[.docx Federal Aviation Administration DVVR#OO-119SVI5 Individual Certification #4034 Page 3 of 7 CERTIFICATION 44034 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, to Ms, 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 11, 2015, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on November 25, 2014. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 202, 303, 806, 507 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 impacts are hereby approved provided that all of the other specific and general conditions ofthe Certification are met, Woother impacts are approved, including incidental impacts. [15A NCAC 02H 0506 (b) & (c)] of Impact FAmount Approved Amount Approved Permanent Temporary 404/401 Wetlands Site 1 60 (acre� Streams Sit e 1 _J 709 (linear feet) 0 (linear feet) Compensatory Mitigation 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 (DMS)tomeet this mitigation requirement. Until the DMS 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 Federal Aviation Administration owvR#O0-D95vlS Individual Certification #4OS4 Page 4of7 Compensatory River and Mitigation Required Sub -basin Number 1 Streams 1 709 (linear feet) 03050103 Stormwater Management Plan You are required to provide one copy of the approved SMP, including plan details on full-sized plan sheets, with proof ofCity ofCharlotte's approval. The approved SMP shall besubmitted tothe DVVR 4Ol&Buffer Permitting Unit (16I7Mail Service Center, Raleigh, N[ 27699-I617) before any impacts authorized inthis certification occur. After bbapproved and submitted tothe Division, the SMP may not be modified without prior written authorization from City of Charlotte. |fthe SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 4Ol&Buffer Permitting Unit prior tothe commencement ofthe modifications. [15ANCACO2H 4No 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 .0502] 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. }fapplicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A0[A[0IH .0506(b)(3) and (c)(3)l: a. Design, installation, operation, and maintenance ofthe 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 /spnii\projects, including contractor -owned nrleased borrow pits associated with the project. b. 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. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act ofI971. Federal Aviation Administration DVVR#0-ll93VlS individual Certification #40]4 d. Sufficient materials required for stabilization and/or repair of erosion contri measures and stormwater routing and treatment shall be on site at all timi 6. Sediment and erosion control measures shall not beplaced inwetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement oftemporary erosion control measures shall not beconducted|namnannerthatnmayresu|tindis'equi|ibriurnofvvet|ands,strearnbedy,or banks, adjacent tum/upstream and downstream ofthe above structures, All sediment and erosion control devices shall be removed 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. [15A0C/\CO2H D501and .D5O2] 7. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1)ormore acres mfland. This Permit allows stonnvvater1obedischarged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements jsrequired. Acopy ofthe general permit (NC60IDODO[inspection log sheets, and other information may befound at: . l5ANC4CO2H.05O5(b)(5)and 8. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come }ncontact 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. /25A If concrete is used during the 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 due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200] 10. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approve construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of ripri Federal Aviation Administration DVVR# 00-1195 V15 Individual Certification #4O34 Page 6nf7 upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 11. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free ofdebris ortoxic pollutants. Riprapshall not beinstalled inthe stneernbedexcept in specific areas required for velocity control and to ensure integrity of bank stabilization measures, [15ANCACO2H.0506(b)(2)] 12.Aone-time application offertilizer tore -establish vegetationisallowed indisturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. [15ANCACO2B.0231l 13. This Certification does not relieve the applicant of the responsibility to obtain all other 14. Continuing Compliance Ms, 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 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B 0200] 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. Before modifying the Certification, the Division shall notify Ms. 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 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Ms. Courtney J. 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. 15. This approval is for the purpose and design described in your application and as described i the Public Notice. The plans and specifications for this project are incorporated by referenc and are an enforceable part of the Certification. If you change your project, you must noti 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. Any new owner must noti the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 an Federal Aviation Administration DWR# 00-11.95 V15 Individual Certification #4O94 Page 7o17 16. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at:). 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 NCAC 02H .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 ofthe expiration date mfthis Certification. [25A N[ACO2H 0507(d)(2) and 15ANCA[ 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 13thday ofOctober 2O15 Karen Higgins, Supenviso� / 4OI8iBuffer Permitting Unit U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Milig2�ionRes onsibilitV Transfer Form Permittee: Action ID: Project Name: [ountyMecklenbur� Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank nrthe North Carolina Ecosystem Enhancement Program (NOEEP)' who will then sign the form tuverify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pennktee's responsibility to ensure that tn the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of signed copy ofthis 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-di0itHydrologic Unit Code (HU[)' multiple forms will beattached tothe permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions toSponsor: The Sponsor must verify that the mitigation requirements shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether ornot they have received payment from the Permittee. Once the form is signed' the Sponsor must update the appropriate ledger and provide a copy of the signed fnnn to the Permittee and to the USA[E Bank/|n-Lieu Fee Program Manager. 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: 03050103, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Non -Riparian Coastal Riverine Non-riverine 709 *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-digbHV[and Basin: 03O4OlO5 Yadkin River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riparian Non -Riparian Coastal Riverine Non-riverine 709 Mitigation Site Debited: (List the name of the bank to be debited. For umbrella banks, also list the specific site. For N[EEP,list N[[EP. |fthe NCEEP acceptance letter identifies a specific site, also list the specific site to be debited). Section tohocompleted by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: |' the undersigned, verify that | am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and | certify that the Sponsor agrees toaccept full responsibility for providing the mitigation identified in this document (see the table ahove), associated with the USA[E Permittee and Action |D number shown. | also verify that released credits (and/or advance credits for N[EEP)' as approved by the UlA[E' are currently available at the mitigation site identified above. Further, | understand that if the Sponsor fails to provide the required compensatory mitigation' the UlxCE 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 ofSponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 18 September, 2012 USACE Wilmington Compensatory ., , Responsibility .. Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE 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 USACE 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. 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 the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE 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 USACE 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 USACE, the Sponsor must obtain case-by-case approval from the USACE 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 USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below. USACE Project Manager: USACE Field Office: Email: Crystal Amschler Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 USACE Project Manager Signature :r Oick feel e to enter a date. 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 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://rpgulatory.usacesurvey.com/ to complete the survey online.