HomeMy WebLinkAbout20151229 Ver 2_Approval Letter_20171002V rates Resources
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October 2, 2017
Piedmont Triad Airport Authority
Attn: J. Alex Rosser
1000-A Ted Johnson Parkway
Greensboro NC 27409
ROY COOPER
Gm ernes'
MICHAEL S. REGAN
Serretnrr
S. JAY ZIMMERMAN
l)1,c'/or
DWR # 20151229 v2
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— Stormwater Plan Modification
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 October 2, 2017. This Certification replaces the
Certification issued on April 7, 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 approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in General Statute 1506 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.
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-9797
HAECO Facility Improvements at PTIA
DWR # 20151229 v2
Individual Certification #4054
Page 2 of 9
Mailing address for the OAH:
if sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, INC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, 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. Contact Sue Homewood at 336-776-9693 or
sue.homewood@ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Priyanka Prakash, BRPH (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR WSRO401 file
DWR 401 & Buffer Permitting Branch file
Filename: 151229v2 HAECO(G u ilford)_4011C mod.docx
HAECO Facility Improvements at PTIA
D W R # 20151229 v2
Individual Certification #4054
Page 3 of 9
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 and by the modification request received by the
Division on September 22, 2017.
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)
HAECO Facility Improvements at PTIA
DWR # 20151229 v2
Individual Certification #4054
Page 4 of 9
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. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate fee.
[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. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate fee.
[15A NCAC 02H.0501 and .0502]
HAECO Facility Improvements at PTIA
DWR # 20151229 v2
Individual Certification #4054
Page 5 of 9
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 54.76 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 NCS000508 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
NCS000508 the DWR WSRO shall be notified in writing.
6. Visual monitoring shall be conducted of the unnamed tributary 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 DWR WSRO
shall be notified in writing.
7. If monitoring conducted pursuant to Condition #5 or #6 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 DWR WSRO. Upon approval by
the DWR WSRO the Permittee shall implement the resolution accordingly.
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the impacts (including temporary impacts) as authorized under this Certification. [15A NCAC
02H .0501 and .0502]
HAECO Facility Improvements at PTIA
D W R # 20151229 v2
Individual Certification #4054
Page 6 of 9
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as
listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
9. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
10. Sediment and erosion control measures shall not be placed in wetlands or waters except within
the footprint of temporary or permanent impacts authorized under this Certification. [15A
NCAC 02H .0501 and .0502]
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. [15A NCAC 02B .0201]
12. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects
that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated in the conditions of the
permit. If the 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. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
13. All work in or adjacent to streams 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 NCSediment 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)]
14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200
and 15A NCAC 02B.0231]
15. If concrete is used during 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. [15A
NCAC 02B.0200]
HAECO Facility Improvements at PTIA
DWR # 20151229 v2
Individual Certification #4054
Page 7 of 9
16. No temporary impacts are allowed beyond those included in this Certification. All temporary
fill and culverts shall be removed and the impacted area shall be returned to natural conditions
within 60 calendar days after the temporary impact is no longer necessary. The impacted areas
shall be restored to original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored
and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North
Carolina Department of Transportation Best Management Practices for Construction and
Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of
this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
18. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
19. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures. [15A NCAC 02H .0506(b)(2)]
20. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed,
and Trout Buffer regulations.
21. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands
to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC
02B .0211 (12)]
22. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
HAECO Facility Improvements at PTIA
DWR # 20151229 v2
Individual Certification #4054
Page 8 of 9
23. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
24. 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.
25. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on
the DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
26. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
27. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and this
Certification does not create any prescriptive right or any right of priority regarding any usage
of water. This Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is
deemed by virtue of this Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user regardless of the quantity of the withdrawal or the date
on which the withdrawal was initiated or expanded.
28. 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)]
HAECO Facility Improvements at PTIA
D W R # 20151229 v2
Individual Certification #4054
Page 9 of 9
29. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
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
This the 2"d day of October 2017
3_ '
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/slh
4054