20071841 Ver 2_Approval Letter_20080812

0? \N
Michael R Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 12, 2008
Mr. David N. Edwards, Jr.
Asheville Regional Airport Authority
61 Terminal Drive, Suite 1
Fletcher, NC 28732
Re: Asheville Regional Airport Expansion, Buncombe County
DWQ #20071841, Ver. 2; USACE Action ID. No. 2007-03766-311
Ut to French Broad River [040302, 6-(54.5), B]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Edwards:
Attached hereto is a copy of Certification No. 3753 issued to Mr. David N. Edwards, Jr. and
Asheville Regional Airport Authority, dated August 12, 2008. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not
limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge
and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sin ly,
oleen H. Sullins
CHS/cbk/ijm
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District, USACOE
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Craig Wyant, CWS, Inc., 550 Westinghouse Boulevard, Charlotte, NC 28273
Filename: 071841 Ver2AshevilleRegionalAirportExpansion(Buncombe)401_IC
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
r
N hCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
W. David N. Edwards, Jr. and Asheville Regional Airport Authority.
Page 2 of 2
August 12, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is is sue
conf Laws 92-500 and 95-217 of the Unidted St tes and subje th o tl?e Nements of Section 401 Public
Quality (D W orth Carolina Division of Water
Q) Regulations in 15 NCAC 2H, Section .0500 to Mr. David N. Edwards, Jr. and
Asheville Regional Airport Authority, to fill or otherwise impact 0.359 acre
1,535 linear feet of perennial stream and 138 linear feet of intermittent s of 404/wetland and
proposed Asheville Regional Airport expansion, which is located at 61 T
stream, to erminal Drive, in the
Fletcher, Buncombe County, North Carolina, pursuant to a revised application in
and received by the DWQ on May 6, 2007, and additional information received May 1, 2008,
and July 9, 2008. eid on June 16, 2008,
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate t
applicable portions of Sections 301, 302, 303 306, 307 of PL 92-500 and PL 95-217 if he
conducted in accordance with the application,,the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials
as described in the Public Notice. If the project is Chaned and
application for a new Certification is required. If the property prior to notification a new
given a copy of the Certification and approval letter and i thereby responsible for com 1 mustyinbe
with all conditions of this Certification. Any new owner must notify the Division and request the be issued in their name. Should wetland or stream fill be requested in the future e
additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h 6 an(7). If any plan revisions from the approved site plan result in a change in stream or wetland
and
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts to wetlands, streams, and/or buffers, are approved including incidental impacts:
T e of Impact Amount A r
404/Wetland 0.359 (acres)
Stream ( erennial) 1,535 (linear fe
Stream (intermittent) 138 (linear feet
Plan Location or Reference
on
Mr. David N. Edwards, Jr. and Asheville Regional Airport Authority.
Page 3 of 3
August 12, 2008
Sediment and Erosion Control:
2. 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 in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
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 404/401 Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without
prior approval from the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and down stream 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 Land Resources or locally delegated
program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the
construction corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the
areas that have been approved to infringe within the buffer, wetland or water prior to any
land disturbing activities;
Continuing Compliance:
6. Mr. David N. Edwards, Jr. and Asheville Regional 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 law and federal law. 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
Mr. David N. Edwards, Jr. and Asheville Regional Airport Authority.
Page 4 of 4
August 12, 2008
that further conditions are necessary to assure compliance, the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the Certification, the Division shall notify Mr. David N. Edwards, Jr. and
Asheville Regional Airport Authority, and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Mr. David N. Edwards, Jr. and Asheville Regional Airport Authority in
writing, shall be provided to the United States 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;
Mitigation:
7. Compensatory Mitigation Using Onsite Preservation and Offsite Restoration
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you will be purchasing wetland credits at 2:1 from the Great Dismal
Swamp Restoration Bank. This method has been determined by the DWQ to be a
suitable means to meet the mitigation requirement.
Type of impact Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 1,535 (linear feet) French Broad/06010105
8. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http: Ah2o. enr. state. nc. us/su/Forms Documents htm. ;
9. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent
building or other structure is occupied at the site. If a development is phased, then the
approved SMP for each future phase must be constructed and operational before any
permanent building or other structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP
approval authority. If the SMP falls under another state stormwater program, then a
copy of the approval letter and the modified SMP must be submitted to the 401
Oversight/Express Unit prior to the commencement of the modifications.
Mr. David N. Edwards, Jr. and Asheville Regional Airpo Page 5 of .
August 12, 2008
10. Culvert installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
from the most current version of NCDOT Construction and Maintenance
BMP measures f
Activities manual
htt ://www.ncdot.or /doh/o erations/BMP manuald °ion stBru tares shall be used to
such as sandbags, rock berms, cofferdams and other
prevent excavation in flowing water.
Culverts required for this project shall be installed in such a th ecross sect original stream
profiles are not altered. Existing stream dimensions (including
and in maintained la
d all and below aquatic life
dimensions, pattern, and longitudinal profile) must
locations of each culvert. Culverts shall be designed of the existing pipes are
movement as well as to prevent head cutting of the shall be re-established or, if the pipes
or become perched, the appropriate stream grade
installed in a perched manner, the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of
Existin stream dimensions (including the
the stream up or down stream of the culvert(s). g
cross section dimensions, pattern and longitudinal profile) shall be maintained above and
below locations of each culvert.
Placement of culverts and other structures in waters, streams, andN wl to d am ter greater placed
below the elevation of the stofbthe culvert diameter for culverts having a diameter less
than 48 inches, and 20 percent lacement
than 48 inches, to allow low flow passage of water an aquatic lifel Design asn hall not be
of culverts and other structures including temporary erosion
conducted in a manner that may result in dis-equilibrium
above structures. Thea ppe cant is
banks, adjacent to or upstream and down stream of the re uired to provide evidence that the equilibrium shall be maintained if requested in writing
q
by DWQ•
The establishment of native, woody vegetation and O other aft stream other bank tabiliz ti n
techniques must be used where practicable instead p p
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically
approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete andrk return uded nc oe d
all in §401
"Certificate of Completion" form to notify NCDWQ v`'h shall complete the attached form
certification has been completed. The res1DV ias on of Water Quality upon
and return it to the 401/Wetlands Unit of the NC hs upstream and downstream of each
completion of the project. Please send photograp
culvert site to document correct installation along with the Certificate of Completion form.
Mr. David N. Edwards, Jr. and Asheville Regional Airport Authority.
Page 6 of 6
August 12, 2008
11. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording
of the property, or of individual lots, whichever is appropriate. A sample deed
notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be.
modified as appropriate to suit to this project.
12. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
Also, 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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on the modifications upon written request within sixty (60) days
following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.
CHS/cbk/ijm
UA \?pG
O ?
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H,0500, Mr. Jonathan Lee has permission as outlined below to fill or otherwise
impact 1,546 square feet of Zone 2 buffer to construct the proposed driveway at the subject property which is
located at 8115 Dreamy Way, Raleigh, in Wake County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ EXP PROJECT #: 2008-1089
SITE NAME: 8115 Dreamy Way
LOCATION: Raleigh
COUNTY Wake
BASIN/ SUB BASIN Neuse (HUC: 03020201)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Mitigation
1,546 s uare feet of Zone 2 buffers 2,319 square feet of buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail
the form along with a copy of Variance Approval to the Ecosystem Enhancement Program at the address below.
An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE,
THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 081089_8115DreamyW ayStoneHaven SD(W ake)MinV ar_EEP
N?o hcarolina
401 Oversight/Express Review Permitting Unit N On
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper