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HomeMy WebLinkAbout20071841 Ver 6_Approval Letter_20160322NaterResnurces ENVIRONMENTAL QUALITY March 22,20I6 Asheville Regional Airport Authority Attn: Mr. Lew Bleiweiss 61 Terminal Drive, Suite I Fletcher, Nc28732 P/\TMCCROQY Governor Secretary 8.JAY ZIMK8B8(0AN Director DVVR#O7-184Iv6 Buncombe County Subject: Approval ofindividual 401 Water Quality Certification with Additional Conditions - Modification Asheville Airport Runway Rehabilitation Parallel Taxiway and Cargo Hold Expansion (West) USA[EAction ID. No. SA\N-2OIO-O0036 Dear Mr. Bleiweiss: Attached hereto is a copy of Certification NO. 3753 issued to Mc Lew Bleiweiss and Asheville Regional Airport Authority, dated March 22, 2026. This Certification replaces the Certification issued on February 22, 2013. This modification was requested by the applicant to authorize additional impacts at the southern end of the airport based On finalized, detailed plans of the project and Federal Aviation Administration regulations governing the runway safety area. Please note that you should get any other federal, state Or |OCa| 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 be contested asprovided inArticles 3 and 4OfGeneral Statute 15OBhvfiling awritten petition for 8n administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. Apetition form may b2obtained from the OAHat Orhvcalling 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 U&H during normal office hours (Monday through Friday between 8:00Grn and 5:00prn, excluding official state State ol'Norih oumuna | Environmental Quality | Water Resources 1617 Mail Service Center | Raleigh, North Carolina 27699-1617 9198076300 Asheville Regional Airport Authority DVVR#O7'184lv6 Individual Certification #8753 Page Jof8 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 OAHfiling fee isreceived b«the OAHwithin five /5\business days following the faxed transmission. Mailing address for the OAH: Ifsending via LSPostal Service: If sending via delivery service (/PS'FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 5714Mail Service Center I7llNew Hope Church Road Raleigh, NC 27699-6714 Raleigh, N[276O9-62B5 One (1) copy of the petition must also be served to Department of Environmental Quality: S8rn M. Hayes, General Counsel Department OfEnvironmental Quality I0OlMail Service Center Raleigh, N[27699-l6U1 Unless such @ petition is filed, this Certification shall be final and binding. This certification COnOp|2tes the review of the Division under section 401 of the Clean Water Act and l5ANCACO2H.O5OO. Contact Zan Price aL82O-Z96-45OOOr or Jennifer 8urcl2tP at 919-807-6564 Or if you have any questions Or Sincerely, _ Karen Higgins, Supe rvisor 401 & Buffer Permitting Branch � [C: Rebekah Reid, [|e3rVV3terEnvironmental Consultants, Inc., 32 Clayton Asheville, NCZO802 USACEAsheville Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DVVRARO 40lfile OVVR4O1OiBuffer Permitting Branch file Filename:071841v6AsheviUeAirportRunwmyRehabPamUeiTaxiCargoHo|dVVest_4O1_|[_Moddocx Asheville Regional Airport Authority DVVR#O7-l84lv6 Individual Certification #37S3 Page 3ofD CERTIFICATION #3753 is issued in conformity with the requirements of Section 401, Public Laws g2-5OOand 95-217ofthe United States and subject toNorth Carolina's Regulations inI5AN[A[ 02H .0500, to Mr. Lew Bleiweiss and Asheville Regional Airport Authority, who have authorization for the impacts listed below, as described within your application received b»the NZ.Division Of Water Resources (Divi5iOn)OnJune 14,2O11and subsequent information OnAugust 3[i3O1I, September 15,2O1l;hvPublic Notice issued bythe U.5.Army Corps ofEngineers and received by the Division on June 24, 2011; modification request received by the Division on January 4, 2013 and subsequent information on February 11, 2013; a second modification request received by the Division onFebruary Z2,2OI9; and athird modification request received h»the Division On February 5,ZOl6and subsequent information received ODMarch 7,2OIG,March 8,20lGand March 18,2O15. The State of North Carolina certifies that this activity will not violate the applicable portions Of Sections }O1,3O3,3O3,5O5,5O70fthe Public Laws 92-5O0and PL95-2I7ifconducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed iDthe certification below. Conditions ofCertification: Impacts Approved The following additional impacts are hereby approved provided that all Ofthe conditions of the Certification are met. Noother impacts are approved, including incidental impacts. [15/\ Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Stream S1 — Impact #2 Stream Stabilization' 0 (linear feet) 530 (linear feet) S2 — Impact #3 90 (linear feet) 0 (linear feet) Culvert Extension S3 — Impact #4 Stream Stabilization' 0 (linear feet) 900 (linear feet) Stream Totals 90 (linear feet) T 1,430 (linear feet) 404/401 Wetlands Sediment Basin D 0.03 (acres) 0 (acres) Resizing 1 Stream stabilization proposed to be accomplished using natural channel design. Asheville Regional Airport Authority DVVR#O7-lO41v6 Individual Certification #3753 Page 4ofQ The following impacts were previously approved by Individual Water Quality Certification #3753 originally issued OnAugust Z2, 2008 and modified most recently on February 22, 20I8 and Individual Water Quality Certification #4024 issued on June 16, 20I5. Type of Impact 7- Amount Approved (units) Permanent Amount Approved (units) Temporary Certification #3753 Stream 3,469 (linear feet) 0 (linear feet) 404/401 Wetlands 1.259 (acres) 0 (acres) Certification #4024 Stream 0 (linear feet) 0 (linear feet) 404/401 Wetlands 0.15 (acres) 0 (acres) 2. Compensatory Mitigation A total of 4,469 linear feet of stream credits have been purchased from the N[ Ecosystem Enhancement Program /EEP\ bvreceipts dated December ll,2OO8,October 27, 2011 and k48rCh 11, 2013 and 397 linear feet of stream credits have been purchased from the Wash [reek Mitigation Bank by receipt dated March 11, 20I3 to meet the mitigation requirement for previously approved S1re8rn impacts. A total Of 1J68 acre Of wetland credits were purchased from EEP hyreceipts dated December 11, 2008, March 11, 2023 and February 1, 2016 to meet the mitigation requirement for previously approved wetland impacts. Because mitigation paid for previously approved stream and wetland impacts exceed the Division's requirement for mitigation at 8 1:1 ratio, no mitigation is required for the additional impacts. B. Stormwater Management Plan The 3K4P approved by the Division of En2rgy, Mining and Land Resources by letter dated October 23,2OISunder Senate Bill 32g,Section 6meets the requirements ofthe 40I Certification Program. This modification does not include the addition of impervious area and is therefore consistent with the previously approved plan. [15A NCAC 02H .0506(b)(5)] 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the irnp8Ct5 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 8reinrorpOr8ted byreference and are enforceable parts Ofthis permit. /15AN[ACO2H.05O1and D5O2l Asheville Regional Airport Authority DVVR#07-l84lv6 Individual Certification #S755 Page 5 of 8 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. If applicable, the project must comply with the specific conditions and requirements of the NPDES[onstructiOn StOrrnvv8ter Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]: 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 0fthe North Carolina Sediment and Erosion Control Manual. The devices shall bemaintained Onall construction sites, borrow sites, and waste pile (spoil)pr jeCtS,inC|udingCOn1r8C1Or-OvvnedOr|eased borrow pits associated with the 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 OfI972. d. Sufficient materials required for stabilization and/or repair of erosion control measures and storrnvvaterrouting and treatment shall beOnsite Gtall times. 6. Sediment and erosion control measures shall not be placed in vv2t|8ndS 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 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 toOrupstream and downstream ofthe above structures. All sediment and erosion control devices shall beremoved and the natural grade restored within two (3) 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. [15AN[A[02H D50I Construction Stormwater Permit NCGO10000 AnNPOESConstruction St0nmvv@terPermit isrequired for construction projects thatdisturb one /I\ormore acres Ofland. This Permit allows stOrrnvvatertobedischarged 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, [8CUrd keeping and reporting requirements iSrequired. Acopy Ofthe general permit (N[GOlOOOO), inspection log sheets, and other information may befound at: Asheville Regional Airport Authority DVVR#07'1A42v6 Individual Certification #]753 Page 6of8 15AN[A[O2H.O5O6/bV5\and /CV5\l 8. Work in the Dry All work innradjacent tOstream waters shall beconducted s0that the flowing stream does not come incontact with the disturbed area. Approved best management practices from the most current version of the N[ Sediment and Erosion Control Manual, or the NC OOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. [15A 9. |fconcrete iSused during the construction, then all necessary measures shall bptaken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently cOnt8[15 uncured COOcn2te shall not be discharged to vv8ten of the state due tothe potential for elevated pH and possible aquatic life/fish kills. [I5A NCA[OZB D200] 10. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H Culverts required for this project shal|b2instaUedinsuCharnannerth6ttheOriginalstneann profiles are not altered and tOallow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) must bemaintained above and below locations Ofeach culvert. Placement of culverts and other structures in waters, streams must be b2|0vv the elevation of 1he5tnearnbed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20 percent ofthe culvert diameter for culverts having a diameter less than 48inches, tOallow low flow passage Ofwater and aquatic life. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately aCCOnnnnndate high water or flood conditions. Additionally, when roadways, causeways, Orother fill projects are constructed 8CrOSs FEMA -designated floOdvvayS or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology Ofthe system @swell a5prevent constriction ofthe f|OOdvvaythat may result in destabilization Ofstreams Orwetlands. The establishment Ofnative, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening II.Any hpr8prequired for proper culvert placement, stream stabilization, nrrestoration of temporarily disturbed areas shall berestricted tOthe area directly impacted bythe approved construction activity. All ripr8pshall beburied and/or "keyed in" such that the original stream elevation and streannbankcontours are restored and maintained. Placement OfriprepOrother Asheville Regional Airport Authority DVVR# 07-1841 v6 Individual Certification #37S3 Page 7 of 8 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)] 12. Any hprap used for stream stabilization shall be of 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. Rip[apshall not beinstalled inthe str28nnbed except inspecific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A 15. A one-time application 0ffertilizer tO re-establish vegetation is allowed in disturbed areas including riparian buffers, but i3restricted tOnOcloser than IOfeet from top ofbank Of streams, Any fertilizer application rnUIt comply with all Other Federal, State and Local regulations, |I5ANCA[02B.0231l 14. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 15. Continuing Compliance Mr. Lew Bleiweiss and Asheville Regional Airport Authority shall conduct construction activities in@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 OfState and Federal law. [I5ANCA[02BD200] |fthe Division determines that such standards or laws are not being met (including the failure to sustain a designated Drachieved use) Orthat State Orfederal law isbeing violated, Orthat further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Lew Bleiweiss and Asheville Regional Airport Authority and the U.S. Army Corps Of Engineers, provide public notice in accordance with 15A NCA[ 02H .0503 and provide opportunity for public hearing in accordance with I5A NCA[ 02H .0504. Any new or revised conditions shall be provided to Mr. Lew Bleiweiss and Asheville Regional Airport Authority 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. 16.This approval iSfor the purpose and design described inyour application and as described in the Public Notice. The plans and specifications for this project 8reincnrporatedb«r2fen2nCe and are anenforceable part ofthe Certification. |fyou change your project, youn0uStnOLif« the Division and you may be required to submit a new application package with the appropriate fee. |fthe property issold, the new owner must begiven acopy Ofthis Certification and isresponsible for complying with all conditions. Any new owner must notify the Division and request the Certification heissued iDtheir name. [I5AN[A[02H.O5O1and Asheville Regional Airport Authority DVVK#O7-184lvb Individual Certification #3763 Page 8 of 8 17.The applicant and/or authorized agent shall provide acompleted Certificate OfCompletion Form tOthe DVVR4OI/&Buffer Permitting Branch within ten days Ofproject COrnpletinn (available at: ). I8This certification grants permission tOthe director, an authorized representative Ofthe Director, Or DEQ staff, upon the presentation Of proper credentials, to enter the property during normal business hours. [I5AN[ACO2H.0502/eU 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 5h8|| remain in effect for the life of the project, regardless of the expiration date of this Certification. [25A NCA[ 02H .0507/dV2\ and 15A NCA[ Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result incriminal and/or civil penalties. This the 22Ddday OfMarch 2Ol6 ^ Karen Higgins, Supervisor 401 & Buffer Permitting Branch 3753