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HomeMy WebLinkAbout20151229 Ver 1_Approval Letter_20160408Water Resources ENVIRONMENTAL QUALITY April 8, 2016 Piedmont Triad Airport Authority Attn: J. Alex Rosser 1000-A Ted Johnson Parkway Greensboro NC 27409 PAT MCCRORY Goretn. DONALD R. VAN DER VAART Se,, etnr'r S. JAY ZIMMERMAN Dhemor DWR # 15-1229 Guilford County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions Approval of Jordan Lake Riparian Buffer Impacts with Additional Conditions HAECO Facility Improvements at PTIA USACE Action ID. No. SAW -2016-00920 Dear Mr. Rosser: Attached hereto is a copy of Certification No. WQC004054 issued to Mr. Alex Rosser and Piedmont Triad Airport Authority, dated April 8, 2016. 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 Certification can be contested as provided in General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling 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 OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, 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. 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-97971 Customer Service 1-877823-6748 Internet: www.ncdenr.gov - www.ncwoter.org Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is 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 15A NCAC 02H.0500. Please contact Sue Homewood at 336-776-9693 or sue.homewod@ncdenr.gov if you have any questions or concerns. Sincerely, 4 k" Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Richard Darling, Michael Baker Engineering Inc (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR WSRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 151229HAECO(Guilford)_401_IC.docx NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION # WQC004054 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 and 15A NCAC 02B.0200, to Mr. J. Alex Rosser and Piedmont Triad Airport Authority, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 30, 2015 and subsequent information on January 28, 2016, February 2, 2016, February 3, 2016, February 9, 2016 and February 24, 2016, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on December 11, 2015. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 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. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Riparian Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A NCAC 02B.0267(8)] Type of Impact Amount Approved (units) Permanent Stream AAB 187 (linear feet) AAA 1109 (linear feet) AAC 305 (linear feet) Total 1601 (linear feet) Wetland AAA 0.39 (acre) AAB 0.33 (acre) AAC 0.09 (acre) Total 0.81 (acre) Buffers —Zone 1 Allowable impacts Streams AAA, AAB, AAC 76,002 (square feet) Buffers—Zone 2Allowable Impacts Streams AAA, AAB, AAC 49,707 (square feet) 2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Restoration Systems, Causey Farm Mitigation Bank to meet a portion of this mitigation requirement. For accounting purposes, this Authorization Certificate authorizes reassignment of unused credit from PTAA Fedex Project (SAW -2000-21655) at the Causey Farm Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(b)(6)]: Compensatory Mitigation Required River and Sub -basin Number Stream 1601 linear feet Cape Fear 03030002 The Division has received an acceptance letter from the Restoration Systems, Causey Farm Mitigation Bank to meet a portion of this mitigation requirement. For accounting purposes, this Authorization Certificate authorizes reassignment of unused credit from PTAA Fedex Project (SAW -2000-21655) at the Causey Farm Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(b)(6)]: The Division has also received a reservation letter from Restoration Systems for 502.45 stream credits from the Cripple Creek Mitigation Bank and 975.3 stream credits from the Bass Mountain Stream Mitigation Bank for the remainder of the mitigation requirement. Until the Cripple Creek Mitigation Bank and the Bass Mountain Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Cripple Creek Mitigation Bank and Bass Mountain to meet the following compensatory mitigation requirement[15A NCAC 02H .0506(b)(6)]: Compensatory Mitigation Required River and Sub -basin Number Stream 214 linear feet Cape Fear 03030002 The Division has also received a reservation letter from Restoration Systems for 502.45 stream credits from the Cripple Creek Mitigation Bank and 975.3 stream credits from the Bass Mountain Stream Mitigation Bank for the remainder of the mitigation requirement. Until the Cripple Creek Mitigation Bank and the Bass Mountain Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Cripple Creek Mitigation Bank and Bass Mountain to meet the following compensatory mitigation requirement[15A NCAC 02H .0506(b)(6)]: 3. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify 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 notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502] Compensatory River and Sub -basin Mitigation Required Number Stream — Cripple Creek 502.45 linear feet Cape Fear 03030002 Mitigation Bank Stream — Bass Mountain 975.3 linear feet Cape Fear 03030002 Mitigation Bank 3. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify 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 notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502] 4. The Division approves the Stormwater Management Plan (SMP) consisting of one 0.8 -acre high flow rate bioretention pond and all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on the report dated November 13, 2015 and revised on March 9, 2016 and plan sheets dated November 18, 2015, which are incorporated by reference and are enforceable by the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)]: a. The high flow rate bioretention pond shall treat a total of 53.57 acres of existing and proposed built upon area. [15A NCAC 02H .0506(b)(5)] b. The Permittee shall ensure that the high flow rate bioretention pond is protected from potential media contamination or clogging during construction activities. [15A NCAC 02H .0506(b)(5)] c. The approved SMP shall be constructed and operational before any permanent building or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)] d. The SMP may not be modified without prior written authorization from the Division. [15A NCAC 02H .0506(b)(5)] e. Maintenance activities for the high flow rate bioretention pond shall be performed in accordance with the notarized O&M agreements signed by Kevin Baker, PTAA on March 18, 2016. The O&M agreement shall transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. The Division shall be notified promptly of every transfer. [15A NCAC 02H .0506(b)(5)] 5. In -stream analytical monitoring shall be performed at stream sites IS8A as specified in the most recent version of NC5000508 issued to PTAA by the Division of Energy, Mineral and Land Resources (DEMLR) and correspondence between PTAA and DEMLR on March 10, 2016. If monitoring results at IS8A indicate exceedances of Turbidity benchmark values as identified in NC5000508 the Division WSRO shall be notified in writing. 6. Visual monitoring of the unnamed tributary shall be conducted at location IS8A. Pictures shall be taken of the upstream and downstream bank conditions during each monitoring event. If visual monitoring indicates that banks of the tributary are exhibiting erosion, the Division WSRO shall be notified in writing. 7. If monitoring conducted pursuant to Condition #5 or #6 above indicate that the unnamed tributary is unstable, or that the banks of the tributary are unstable, then the Permittee shall conduct a detailed analysis of the cause and propose a resolution to the Division WSRO. Upon approval by the Division WSRO, the Permittee shall implement the resolution accordingly. 8. 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 .0502] 9. 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 Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]: 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 be maintained 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 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 of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 10. Sediment and erosion control measures shall not be placed in wetlands 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 to or upstream and downstream of the 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. [15A NCAC 02H .0501 and .0502] 11. An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged 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 is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. 15A NCAC 02H .0506(b)(5) and (c)(5)] 12. All work in or 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. [15A NCAC 02H .0506(b)(3) and (c)(3)] 13. 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] 14. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 15. Mr. J. Alex Rosser and Piedmont Triad 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 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 Mr. J. Alex Rosser and Piedmont Triad Airport Authority 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 Mr. J. Alex Rosser and Piedmont Triad 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. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0502(f)] 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 of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H.05061 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 8th day of April 2016 Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/sh