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