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HomeMy WebLinkAbout20151229 Ver 2_Approval Letter_20171002V rates Resources 51c11onmcw'd Qoalily 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