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HomeMy WebLinkAbout20060887 Ver 3_401 Application_20081108. . % ILFA THE LPA GROUT' INCORPORATED U Transportation Consultants Db - D$ 7 700 HUGER STREET ¦ PO. BOX 5805 ¦ COLUMBIA, SC 29250 ¦ 803-254-2211 ¦ FAX 803-779-8749 Liq November 4, 2008 Eel O V ? »r8 Ms. Cyndi Karoly North Carolina Department of Environment and Natural Resources . wI?y Division of Water Quality - 401 Wetlands Unit YIE?,yp AtlD STORtANAT BR?OH Mail Service Center 1650 Raleigh, North Carolina 27699-1650 Re: Tarboro Edgecombe Municipal Airport - Part 77 Transitional Surface Hazardous Tree Removal Tar-Pamlico Buffer Rules Authorization Ms. Karoly: Please find enclosed five (5) copies of the Pre-Construction Notification Application Form as well as all accompanying drawings for the above referenced project. This Application is being submitted for written authorization of impacts to the Tar-Pamlico Riparian Buffer as Allowable (per the DWQ Memorandum, Vegetation Management as it Pertains to Airport Facilities in the Neuse, Catawba, and Tar-Pamlico Protected Riparian Buffers dated May 9, 2006). Within the buffer areas only tree removal would occur, no grubbing, fill, or development would occur in this area. The trees would be cleared using a Shinn Systems rotating drum head hydro axe mounted on a tracked excavator to grind all the material and broadcast it back over the cleared area, using logging mats to minimize disturbance while leaving the stumps and any other undergrowth intact. Additionally, this particular piece of equipment would be able to reach into Zone 1 buffer areas to minimize soil and vegetation disturbance. The contactor and consultant will be available to discuss any concerns or suggestions that DWQ may have regarding clearing techniques. This work is being performed to comply with FAA safety regulations (defined in Code of Federal Regulations Part 77) regarding the Transitional Slope at the Airport. To minimize risk to life and property, the FAA requires that the area extending beyond the end of the sides of runway, known as the Transitional Slope be kept clear of any obstructions. If you have any questions or need additional information, please do not hesitate to call. Sincerely, THE LPA GROUP INCORPO TED Edward J. Smail Environmental Scientist Enclosures Cc: Mr. Lorenzo Cannon, Tarboro-Edgecombe County Airport Authority (w/enclosure) Mr. Martin Richmond, NCDWQ (w/enclosure) Mr. Thomas Brown, USACE (w/enclosure) Mr. Terry Bumpus, P.E., THE LPA GROUP of North Carolina, p.a. (w/enclosure) Project File (w/enclosure) ATLANTA ¦ BATON ROUGE ¦ CHARLESTON ¦ CHARLOTTE ¦ COLUMBIA ¦ GREENSBORO ¦ GULFPORT ¦ JACKSONVILLE KNOXVILLE ¦ LITTLE ROCK ¦ MOBILE ¦ ORLANDO ¦ RALEIGH ¦ SARASOTA ¦ TALLAHASSEE ¦ TAMPA ¦ WEST PALM BEACH . , - VA Z!fPAA GROUP INCORPORATED nsportation Consultants ? Charleston County Half Cent Sales Tax Program 4401 Belle Oaks Drive, suite 105 ¦ North Charleston, South Carolina 29405 Phone 843-329-0050 ¦ Fax 843-329-0055 Edward J. Smail Environmental scientist Email: esmail@ccroadwise.com Atlanta ¦ Charlotte ¦ Columbia ¦ Raleigh ¦ Tampa And Other Major Cities Office Use Only: Form Version March 08 USACE Action ID No. DWQ No. C> lP " O g g 1 y 3 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: None 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: -, II. Applicant Information iv u'v 5 "1008 1. Owner/Applicant Information O?Nj< 4yjq r UUALM Name: Lorenzo Carmon "!8S ATd9 SJORhAWATER BRANCH Mailing Address: Tarboro-Edgecombe Airport Authority 201 Saint Andrew Street Tarboro, NC 27886 Telephone Number: 252-641-7885 Fax Number: 252-641-04 E-mail Address: lcarmon o,co.edgecombe.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Edward J. Smail Company Affiliation: THE LPA GROUP INCORPORATED Mailing Address: 4401 Belle Oaks Drive, Suite 105 North Charleston, SC 29405 Telephone Number: 843-329-0050 E-mail Address: esmail o,lpa roun.com Fax Number: 843-329-0055 Page 5 of 15 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Tarboro-Edgecombe County Airport Part 77 Transitional Surface Clearing 2. T.I.P. Project Number or State Project Number (NCDOT Only): None 3. Property Identification Number (Tax PIN): 4739-19-739 4. Location County: Edgecombe Nearest Town: Tarboro, NC Subdivision name (include phase/lot number): None Directions to site (include road numbers/names, landmarks, etc.): From US 64 take Exit 486 (US-258 N / NC-111 N / NC-122 N), og_approximately one mile and turn left onto NC-33 / US-64 BR / S MAIN ST and follow for approximately 3.5 miles The Tarboro Edaecombe Airport is on the right. A Project Vicinity Map (Figure 1) depicting the location of the Airport is attached 5. Site coordinates (Lat/Long or decimal degrees): 35.939007°N 77.540022°W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 213 7. Name of nearest receiving body of water: Tar River 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 6 of 15 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Land use consists of grassy maintained airport facilities with adjacent farmland, wooded areas, and scattered residential areas. Site and adjacent land are largely rural in nature. Photos of the project area and adjacent areas are attached in Appendix A. 10. Describe the overall project in detail, including the type of equipment to be used: The project includes removal of trees within the riparian buffer of two modified natural streams (Streams B and D). The limits of the proposed project and locations of jurisdictional resources are shown on Figures 2 and 3. Stream B was determined to be subject the Tar- Pamlico Buffer Rules in the field by Mr. Martin Richmond of NCDWQ on August 11, 2008 and Stream D was determined to be subject to the Tar-Pamlico Buffer Rules in the field by Mr. Mike Horan of NCDWQ on June 6, 2006. Additionally, the wooded swamp abutting the Tar River in the eastern project area was determined by Mr. Horan to be an `open water' and subject to the Tar-Pamlico Buffer Rules. This feature can be seen on Figures 2 and 3 (at the eastern terminus of Stream D). Copies of the Buffer Determination Letters are attached in Appendix B. These waters are all unnamed tributaries to the Tar River. Jurisdictional wetlands in the project area were delineated using the 1987 United States Army Corps of Engineers Delineation Manual. Jurisdictional wetlands within the eastern project area were delineated in April 2006 and the wetland boundaries were surveyed by a Professional Land Surveyor. These boundaries were approved in a Jurisdictional Determination (Action ID SAW-2006-40468) on June 29, 2006 A copy of the Jurisdictional Determination is attached in Appendix C. Additional jurisdictional areas outside of the limits of the previous Jurisdictional Determination were delineated on August 10-11 2008 and the boundaries were surveyed using a sub-meter accurate Trimble Geo-XH with an external pole antenna. These wetland boundaries (including the boundaries from the previous delineation) were imported into the project design so the locations could be shown on the construction plans. Since no fill would be placed in, and no grubbing would occur in jurisdictional wetlands a Section 404 Permit is not required. Therefore a formal Jurisdictional Determination for the Transitional Surface clearing was not requested However Mr. Thomas Brown of the USACE performed a field visit on August 11, 2008 to review the wetland limits. Mr. Brown indicated that the wetland boundaries were a reasonable representation of the jurisdictional areas within the project area Furthermore since the wetland boundaries have not been officially approved via a written Jurisdictional Determination, the wetland boundaries would be buffered by 50-feet from the grubbing areas to avoid unintentional impacts by equipment operators This wetland limits and the 50-foot buffer is shown on Figure 3. Within the buffer areas and wetlands only tree removal would occur, no rubbing fill or development would occur in this area. The construction limits are shown on Figures 2 and 3 The trees would be cleared using a Shinn Systems rotating drum head hydro axe mounted on a tracked excavator to grind all the material and broadcast it back over the cleared area using logging mats to minimize disturbance while leaving the stumps and any other undergrowth intact. Leaving the root mats stumps and undergrowth/brush would help to preserve the integrity of the soil. Leaving the mulch from the tree grinding would also hem to protect the Page 7 of 15 soil while the area is re-establishing. Grinding the trees in place would also minimize impacts related to log removal, and would promote the growth of successional vegetation which would further preserve soil integrity. Additionally, this piece of equipment would be able to reach into Zone 1 buffer areas (without actually entering it) to minimize soil and vegetation disturbance. Areas that cannot be accessed by the excavator would be manually hand. The contactor and consultant will be available to discuss any concerns or suggestions that NCDWQ may have regarding clearing techniques. As shown in the attached photographs some areas of the project were timbered by the previous landowner prior to the property acquisition. These areas would be treated as shown on Figures 2 and 3 previously timbered areas in wetlands and riparian buffers would still be treated as described above. In order to gain access to the clearing areas a temporary crossing of Streams B D and wetlands would be required. The location of these crossings is shown on Figure 3. These temporary crossings would not place fill within the stream channels/wetlands and would completely span the channel using timber mats. The temporary crossing of Stream B and the wetland area would utilize an existing logging roa_ d (as shown on Figure 3) The temporary crossing of Stream D would occur in an area that was timbered by the previous landowner, as shown in Photographs 3 and 4 Therefore temporary impacts to the riparian buffer from this crossing would be minimal. The temporary crossings will be removed after clearing is complete and the areas would be allowed to naturally re-vegetate. 11. Explain the purpose of the proposed work: Tree removal is required to comply with Federal Aviation Administration (FAA) safety regulations pertaining to the Part 77 Transitional Surface. The Part 77 Transitional Surface is defined in Code of Federal Regulations (CFR) Title 14, Part 77 as surfaces that extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. For the Tarboro Edgecombe County Airport the Part 77 Transitional Surface extends 250 feet on each side from the runway (the width of the approach surface) centerline upward and outward at a right angle and then extends at a slope of 7 to 1 Obstructions are defined in CFR, Title 14, Part 77 as an existing object a mobile object and/or a future object would be an obstruction to air navigation if it is of greater height than the surface of a takeoff and landing area of an airport or any imaginary surface established under §77.25, §77.28, or §77.29 (which includes the Transitional Surface). Currently, existing trees penetrating the Transitional Slope present a hazard to aircraft and a threat to the lives of those onboard. Additionally, future growth of existing trees beneath the approach slope presents a future safety hazard. Therefore in order to eliminate this present and future safety hazard and comply with FAA regulations the trees must be removed The removal of the trees in the areas parallel to the runway would also reduce the effects of wind shear on arriving and departing aircraft which has been noted as a hazard from ip lots utilizing the Airport. Page 8 of 15 IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Coordination with Mr. Mike Horan (June 6, 2006) and Mr. Martin Richmond (October 20, 2008) of NCDWO regarding the jurisdiction of riparian buffers in the project area are attached in Appendix B. A Jurisdictional Determination was received in connection with an additional clearing project adjacent to the proposed project from the USACE on June 29, 2006 (Action ID SAW-2006-40468). A copy of the Jurisdictional Determination is attached in Appendix C. An Authorization (DWQ Project # 06-0887v.2) was received form NCDWQ on September 7 2006 to clear 259,519 square feet of riparian buffer within the approach slope of the runway. A copy of this Authorization is attached in Appendix D. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit requests are anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: No impacts to jurisdictional Waters of the United States/State would occur as a result of the proposed project. A drawing depicting the boundaries of Jurisdictional Areas is attached as Figure 3. Page 9 of 15 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) NONE 3. List the total acreage (estimated) of all existing wetlands on the property: Approx. 40.0 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage. multiply length X width. then divide by 43.560_ Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet Area of Impact acres Total Stream Impact (by length and acreage) NONE NONE 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavation- dredging- flnodina_ drainage hnikheadc etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) NONE Page 10 of 15 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): NONE Wetland Impact (acres): NONE Open Water Impact (acres): NONE Total Impact to Waters of the U.S. (acres) NONE Total Stream Impact (linear feet): NONE 7. Isolated Waters Do any isolated waters exist on the property? ® Yes ? No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Isolated waters exist on the property (determined in field by USACE), however no impacts to these waters are proposed. Refer to attached Plat from USACE in the attached Jurisdictional Determination (Appendix Q. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): No ponds would be created. Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): No ponds would be created. Current land use in the vicinity of the pond: No ponds would be created. Size of watershed draining to pond: NONE Expected pond surface area: NONE VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. In order to comply with FAA safety regulations complete avoidance of impacts to the riparian buffers would not be possible. However, to minimize impacts to the riparian buffers and soils heavy equipment would be kept out of Zone 1 and would use logging mats in other areas Additionally, impacts to the riparian buffer would be minimized by leaving stumps and undergrowth. By doing so, the root mats would be left intact which would minimize potential impacts to the soil. Furthermore the felled trees would be removed from the buffer (by grinding), which would facilitate growth of successional vegetation The growth of successional vegetation in these areas would further minimize impacts to the riparian buffer by maintaining the integrity of the soil. Also mulch from the tree grinding would temporarily protect soil until new vegetation is established. Page 11 of 15 No rubbing, fill, or development would occur in the riparian buffer, and the areas where trees were removed would be allowed to re-vegetate naturally. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmi4ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed project consists of the removal of hazardous trees from the Part 77 Transitional Slope of the runway to comply with FAA safety regulations (Code of Federal Regulations Part 77). In the NCDWQ Memorandum Vegetation Management as it Pertains to Airport Facilities in the Neuse, Catawba, and Tar-Pamlico Protected Riparian Buffers dated May 9 2006, vegetation management required for FAA regulations was added to the Table of Uses as Allowable. Therefore since the project is necessary to comply with FAA safety regulations mitigation would not be required. Additionally, the clearing standards set forth in the Memorandum would be followed. Page 12 of 15 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): NONE Amount of buffer mitigation requested (square feet): NONE Amount of Riparian wetland mitigation requested (acres): NONE Amount of Non-riparian wetland mitigation requested (acres): NONE Amount of Coastal wetland mitigation requested (acres): NONE IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? Page 13 of 15 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 84,609 3 (2 for Catawba) NONE 2 127,748 1.5 NONE Total 212,357 NONE * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. The proposed project consists of the removal of hazardous trees from the Part 77 Transitional Surface of the runway to comply with FAA safety regulations (Code of Federal Regulations Part 77). In the NCDWQ Memorandum, Vegetation Management as it Pertains to Airport Facilities in the Neuse. Catawba, and Tar-Pamlico Protected Riparian Buffers dated May 9 2006 vegetation management required for FAA regulations was added to the Table of Uses as Allowable. Therefore, since the project is necessary to comply with FAA safety regulations, and guidance set forth in the above Memorandum would be followed mitigation would not be required. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The project site consists entirely of pervious areas and construction of impervious surfaces is not included as part of the proposed project. Therefore the project site is currently 100 percent pervious and would not change as part of the proposed project XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewage/wastewater disposal would not be necessary with the proposed action XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 14 of 15 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This project consists of tree removal to comply with FAA regulations. No development would occur with this project, and capacity at the Airport would not increase as a result of the proposed work. The proposed project has not had any past development and is not likely to directly lead to future development at or near the airportAdditionally due to FAA safety restrictions (as defined in, FAA Advisory Circular 150/5300-13 development is not likely to occur in the project area since the Runway Protection Zone (RPZ) Runway Safety Area (RSA) Approach Slope, and Transitional Surface encompass the project area Therefore no secondary or cumulative impacts are anticipated with the implementation of the proposed project XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). There are no other known constraints limiting the work schedule d Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 15 of 15 Tarboro-Edgecombe Airport Authority 201 St. Andrew St. -1'0 Box 10 Phone (252) 641-5775 Tarboro, NC 2788 Fax (252) 641-1230 August 30, 2006 Mr. Edward J. Smail THE LPA GROUP of North Carolina, p.a. 5000 Falls of Neuse Road, Suite 304 Raleigh, NC 27609 RE: Approach Clearing at the Tarboro-Edgecombe Municipal Airport Dear Mr.. Smail, This letter is provided to acknowledge that The LPA GROUP of North Carolina, p.a. is hereby allowed to be the Duly Authorized Representative for the Tarboro Edgecombe Municipal Airport in regards to submitting documents and applicable fees for permits, certifications, and/or approvals as applicable for design of the above referenced project. If you have any questions, please feel free to contact me at 252-641-7885. Sin rely, Lorenzo armon, Secretary Tarboro-Edgecombe Airport Authority o N (D _ O ? 00 N Q\\ 0\0 \\ LC ?o cL\` S r, z Z\\ l Y.33 r-\\ -/ N } Z L CID M W M CT) 01 ? N Z W 5 Q Z \ VA i LJJ \\ U \ZO W Q LL ri w U ? LL 0 LLO \\ U Z O ,J ,, \\ m?z \\ HZoC (1 • phi 11 paw II g =o N ?? II 0z3? 11 II II ? II :v. II r - II, II 0? 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'�� •.,� nom. -tiri� �' '`� r f • Ili �` ��� ` /'' ' � ti, 4 � �� •�, • ' L r I r'� ` W0Q 5 V kUll ui LU 0 11 r D ' � `� •� � t 'I: + } � `\ cls -p ,```. •`\\,L 1�014 1 Irl �I cli it WI^ !jrll co O u �111l o oa t _ i. 400. r- Appendix A Site Photographs Tarboro-Edgecombe County Airport Part 77 Transitional Surface Clearinu Trees to be cleared Rgnway s ` a A r e r i !? ?- ?'?'t v SFr l?`? ?'^?^'?" tx Y??'c• ??.?yq ? ?f. Trees to be cleared t Vv % r.,s .pp4 4y14 y t?^ 'i '31 ?+5 *Ya3;f ?? d ? ? ' ? 1 •?'. "?'?"rM ,, iiq"'rc?z s ?t? u? ?,,????yy. ? ,'rryh,?yy'L1. ??'? r-p,? •?.?...:t. ?T/',?'? _ _ c1 ?? r.... .. .,l+.' t?.f .x:d.7., rI)Y:?'Sr•.s,G.??r??'.?1 Photograph 2: Looking north towards area to be cleared parallel to the runway. Photograph 1: Looking west towards areas to be cleared off of both sides of runway. fav. ? a 1 t 14 ?iw ^; ?,y Photograph 3: Looking west along Stream D. The area north of Stream D was partially timbered by the previous landowner. Photograph 4: Looking north at previously timbered area north of Stream D. Photograph 5: Looking north at wetland area timbered by previous landowner at the western terminus of Stream D. Photograph 6: Looking south away from the Airport property at previously timbered area. Appendix B NCDWQ Buffer Determination Letters O?O? W AT ? 9QG co r O < Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 20, 2008 Ed Smail LPA Group Incorporated 4401 Belle Oaks Drive, Suite 105 North Charleston, SC 29405 TBRRO#08-195 Edgecombe County BASIN: Neuse River Tar-Pamlico X (15A NCAC 213.0233) (15A NCAC 2B .02591) Project Name: Edgecombe County Airport Location/Directions: Subject property is located at the Edgecombe County Airport, located on Hwy 44 North of Tarboro NC, USGS Tarboro; NRCS Edgecombe Co Sheet 14. Subject Stream: UT to Tar River Date of Determination: August 12, 2008 Feature(s) Not Subject Subject Start @ Stop@ Stream Form Pts. Soil Survey USGS Topo A X X X B X Throughout X X C X X X Explanation: The feature(s) listed above has or have been located on the Soil Survey of Edgecombe County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 o One NhCarolina Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Edgecombe County Airport Edgecombe County October 20, 2008 Page 2 of 2 Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441. Respectfully, r Cam'"` .. Martin Rich nd Environmental Specialist CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 RRO/SWP File Copy No One hCarolina Natumliff North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper —_ (.lets f aB Ce Ta tc q A Ta W TaB TaB Ro WkB TaB TaB T�E= --� TaB Ro A0 � C �� Wk raB / ~--� Ro a AaA WkB aB WkB TaB c AaA TaB Wh aP C n AaA Ro P B Ro Ro PDP r� TaB a WkB � VV k 8 Ro y Ur Cc S TaB � � f AaA C n Pt _ uater /in t� --- t f Cc Wh �a$ � ' - CeB Wh ,po Ro � cu C n ... Cc ... Cn ZZ- Cn d� \ We Cn Cc AaA Wh Wh Wh WaC �a6 D D� StB y gA AuB TaB DESA Wh EXA q DuB • - G,r�P �p� Ra Tarboro DuB GPA GoA t \ \1 A 1444 f j2eiawoo J F W ATF Michael F. Easley, Governor O 9 p William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources > [ Alan W. Klimek, P.E. Director 6] `C Division of Water Quality August 10, 2006 `'(j?? Edward J. Smail 1 Z C' c. ei ved The LPA Group on NC, P.A. 4904 Professional Court Suite 201 AUG 2 d N Raleigh, NC 27609 NBR# 06-196 •"a..$ """'rr',' fgecombe County BASIN: Neuse River Tar-Pamlico X (15A NCAC 2B.0233) (15A NCAC 2B .0259) Complaint NOV Buffer Determination X Incident # Appeal Call Project Name: Tarboro Airport Facility Location/Directions: Located at the Tarboro-Edzecombe Airport located off of Hwy 44 near Tarboro, NC Subject Stream: UT to the Tar-River Date of Determination: 06/06/2006 Feature(s) Not Subject Subject Start @ Stop@ Stream Form Pts. Soil Survey USGS Topo A X Just above X X Hwy 44 west of airport Explanation: The feature(s) listed above has or have been located on the Soil Survey of Edgecombe County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There maybe other streams other streams located on your property that do not show up on the maps referenced above but, still maybe considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndl Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination n? by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for Carolina Ntura!!y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.ne.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Tarboro Airport Facility Edgecombe County 8/10/2006 Page 2 of 2 an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441. Respectfully, Michael Horan Environmental Spec. I CC: Jamie Shern-US Army Corps of Engineers, Raleigh Regulatory Office Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 RRO/SWP Files Central Files t Carolina Nru!!y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.ennstate.ne.us 1628 Mail Service Center Raleigh, NC 27699-1628 PAX (919) 571-4718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Raeyded/10% Post Consumer Paper I ! 12yllA0 EDGECOMBE COUNTY, NORTH CAROLINA - SHEET NUMBER 14 I, go Wk ?` \'oB/po Tag We Tab \`\ / D A ?J ?S:8 AaA P Pt DKA we t?KA S ? O$ W? Stg Tab Ro PaP v `Ro /. ran AaA '•?..,, AaA Ro AaA .9 AaAx ;tg AaA a Tag Ru Tae PaQ• A a0 f , Ste Ce8 rd? 010 ? lea Wh go _ Wk13 AaA Ro? Tab AaA ? TaB.. TaB 1. Ste TaB AaA TaB 1 Ro f i 1 / -[I dQ Wh \ j f aft Ro Ste _fl AaA ?I Ste StB Tab Tab Ste AaA Ro Co Tag ?t a Cn r // vP fag ?e Cn Cn / Wkg (00 . /r Tag O Tag Tag AaA. Cn ?? WkN Ro AaA DKA Wh ? ?", .< \r TaB, AaA I i Wk8 qaq 3tµH AaA TaB Cn AaA Cn i3o ?Wh ? aB RO Ro PaP 8 Wh 1 WkB TaB -WkB AaA ?f## Tae DRA Da Ur ?I Whl -? rah P , Ste (?- Pak to AaA ? 9 _ Ro 4o ?. Pt Dp8 - Ro `fnt„t WaD F? O DpB 7a6 St6 t. Wh G1 St8 Wh' GoA t2xA w I ? ; - 6n, Cn Ste Cn. tOg 1 Co W,rf3 , k Ra UY Ur c GoA ?; • y r,... , GPA Or :?.., Wh Wh I GoA Rata is a6 Ste !I Gr c p u NuB 1I Gt y ?Y Tag Co NOB OAq DpA DuB GoA GpA 4 2 rl , O Ra Nub Ra Be 013 Wag Goq GRA UPA Ttirboro Ga GoA / Dub ?--? 1 raider GpA Gr 20 '• r, Non 1 GoA B RM R,t 1'y Gt of R8 [xA Gr GoA 4{ Co I •. II - I Fo Fo NoA i oA [!? GpA Go r I Mile 5000 v vvv 3 000 2000 1 000 p -- I I I Scou Seale 1:20000 Feet Appendix C USACE Jurisdictional Determination Plat Action ID SAW-2006-40468 -+-01 HWY 77 w J Q Na??ua a??? ? u ? ? a goO4? ?- m = z" w lvE W. Ym a S Er z VOW I?20 hr, ? N? N Y Y W p 0? 3 w ? t3 3 ? 3 3 3 3 w ~' l? 1 ? N b ? ??? n ? ? ? ? N o fl pWq yyyWy pppp ?W y y 1r, Opp ? = ^ 1? 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I Q` 3??1u o w ?IQi tp{ J4* Q kG_ 1- 2?W z???Oz N ltllf9"u a jav IM n'z' z?wo ,J 4 F g ?Jaz WLaW TLn zo 9'.z uI aH cis s4 Fc?, ??Ca f-j N gx { a j F Tcr ,;fW9O I`s?fQ? 51-z Q®z °wr a X e? g ?- zz u ui6 Q C3 a ai ?A ?Wlwwzp.-"? - Dim ?QF-?N m!? }z o CL ?o?aQ??va ?u S-'a V) N?wzpFZQyh11?-n-n ?a wza ?'?' U F= 4. p ca ? e h Q)W awe m5aI- ;sz Y 23 ? z 6!n a S 1 QE df4 J?W2 G: Du < U) zy--q.w0ww?z -=ma<03<mNe a °o 8 p A M I J z n 3 ,09•r4rg 10?pavc M+9L,91.? Jo9.9u ?? IQ C #W?? Z??Q aWw. 8 s 49 J z M \\ z \ SR S \\ C aa I K$? $ a 5 w \\ lid aLo )Q \\\\,? \ \ \ \ T! 6!5j!6s v_fy a ~ ?? \\\ \ \` `\ ` 25 \ . =(AZa \\ FT,-. \\ r ? a \\ Y ++yy r \ N ac t) }a. ?g 14 WHOP Offff ca? ? a ?S ru ib mm "ri'? ^ O U ?0. 3t it ZZ Wi n. NZ pW?tf1O ty VW ? W 1- ? .. 044C1q W i 20 O?C? p?Q(n W 2W CV IL Q w Q? Ao tl1RZ o ?-o dal W ? U! La: 1a- LL} oOOZ ?mp.s L6'I '9d L '7'd r Im _ o ? a O F- U U) w 0 J ND a 2 O • F- U fr D ? zJ z0 a0 ?w U O U zza • a 0 N pp?? WU? 04 ?'R Q 0 CL G W2 O hXO. H o ?z0 ?'Qo v F F VQQ O rr • O 4" , q tiff fx, W a --A v j i?w 110, Q Vi=a TWA W S w z ?` 9 f ? w z -' EL 0 i ?C M a o , ?M to `+J'T -V ry T O + ?y?cvmnQuwi+????..ss p,,n W? fiF -.:-N' Y ?? u nub a u[ ! u? .,,? a u u u u+ u u u! tai u°.a a sr-iWUlfYwwww??awwual?? %- z W U: -?? z (L?-W 2)-50 NliWz ?L1Q) ?p WJ ZDWIME CIS z(1)p W Zz-Z J 22WN O?.t???3O6z-p c zx? -!a ?t-Ara U U_ W L ??„ ono ?°m _ o o` goo<¢oQ U)LJW UFa°s¢ _ QOOgTh ?U(12 V1 oF- w zie F c4 Z, 0 Q ? z F A O F O N b 3 Q} ?Z Ji=~ Q2 r?Z UPS. >&q 32 CL C) C .?.J O?? W O O g Q W ko?? ? `'' 0? o U z? QuJaw?9 z a a W W u ct. r? i J d z vi z O g 0 Appendix D Tarboro-Edgecombe County Airport Approach Clearing Authorization of Riparian Buffer Impacts DWQ Project # 06-0887v.2 W w Received SEP 1 9 2006 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 7, 2006 Mr. Lorenzo Carmon Tarboro-Edgecombe Airport Authority 201 Saint Andrew Street Tarboro, NC 27886 Subject Property: Tarboro-Edgecombe Airport Approach Clearing UT to Tar River [030302, 28-(74), WSIV, NSW] Michael F. Easley, Governor DWQ Project # 06-0887v.2 County: Edgecombe AUTHORIZATION of Tar-Pamlico River Buffer Rule (15A NCAC 02B.0259) Authorization Certificate Dear Mr. Carmon: You have our authorization, in accordance with 15A NCAC 02B .0259 and any conditions listed below, to impact approximately 183,335 fl of Zone 1 of the protected riparian buffers and 76,184 fly of Zone 2 of the protected riparian buffers for the.purpose of removing trees from the approach slope of a runway in order to comply with FAA requirements as described within your application dated September 1, 2006 and received by the Division of Water Quality (DWQ) on September 1, 2006. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before-you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge regulations. This authorization is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this authorization letter and is thereby responsible for complying with all conditions. This authorization requires you to follow the conditions listed below. The Additional Conditions of the Certification are: 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 are approved including incidental impacts: Amount Approved nits Plan Location or Reference Zone 1 Buffers 183,335 (square ft. Page 13 of PCN Zone 2 Buffers 76,184 (square ft. Page 13 of PCN 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.ne.us/ncwetlands WMf Caro 'na ?tura?y An Equal Opportunity/Affirmative Action Employer 7 50% Recvcled/10% Post Consumer Paner 2. Diffuse Flow J2k)V#gecombe Airport Authority Page 2 of 2 September 7, 2006 An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will nat.re,-ponceritxg% before discharging into the stream as identified within 15A NCAC 2B .0259(5). 3. Certificate of Completion Upon completion of all work approved within this authorization, 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. 4. Erosion & Sediment Control Practices 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. 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. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 5. No Waste, Spoil, Solids, or Fill of Any Kind 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. 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. 6. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 7. 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 at Tarboro-Edgecombe Airport Authority Page 2 of 2 September 7, 2006 (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 to ensure compliance with 15A NCAC 213.0259. Any disputes over determinatiqns regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall expire five (5) years from the date of this letter. This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0259. If you have any questions or would like a copy of the buffer rules, please call (919) 733-1786. This letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. AWKIcbk/asc Enclosures: Certificate of Completion cc: Mike Horan, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Sincerely, Alan W. Klimek, P.E. Filename: 060887v2TarboroEdgecombeAirportApproachClearing(Edgecombe)TPBR