HomeMy WebLinkAbout20180726 Ver 1_Approval Letter_20180719ROY COOPER
cova.na.
MICHAEL S. REGAN
SenHary
L1NDA CULPEPPER
rnrerfm arntor
�1r. Kobcn Ilcutslbhemserraleighe�eacuml
tianli�rd I,cc Cu. Rcgiunal :1irpon :luthorit�
700 Rud Sulli�nn Road
S.mli�rd. Norlh Curolina 273311
NORTH �AROLINA
Enrlronrnenfo! Qua!!ty
.luh� 19. ?018
i.�� co���,��
NCI)R'R Prujcc[No.211IR1172h
Nonh lerminal Airport De�elopmenl
NCUUT — UU�1 Airport Project
APPRO�':�L ota01 N:C�ER QC�ALI"fl� ("k:R7'IFICATIOV with :1DDlllO\AL COtiDI"f10VS
Dear M1lr. I Icu(s.
Ynu huve our uppro�al, in uccurduncc wilh lhc conditiuns liitcd bcln��. lur thc liillo��ine impacu �o de�clup ,md impro�e an
a�i,�ine hangar. parkirn,. anJ ixci��a� as drscrih�J in �our applicaliun:
SVeam Im acts in the Ca e Fe�v River Basin
Site Perm:anent F'ill in Permanent Fill in Total Slream Strenm Impach
Intermiuent Stream Perenni:d Stream Impact Requiring �litigation
�linenr ft) llinear (t) �linr�v fry �linear fry
SI I �8 -- 13ft --
I ;8 -- 13R --
Tnln!
Site
0
Total
folal Strenm Imp:ict �br Yroject: ISS linear (eet
Wetland Im arts in Ihc (�a
Fill Fill E�cnvatiun
(ac) (temporary) (ac)
(ec)
o.�su -- --
o.aso -- --
Dlechanized HnnJ
Clearing (ac) Clearing
(ar)
Total N'etland Impact for Project: U.180 acres
�:.�. � Q�,�
North Carohna DepartmenE or Enorconmentai Quaiuy oivisiun of water Resources
�i12 North Sa6sbury Shzet 16P Matl Servire Centzr Raleigh. North Carolina 2 7 699-16 1 i
919707.9000
Total Wetlnnd
Impact (ac)
u.axo
u.�ao
The project shall be constructed in accordance with your application dated and received May 2�, 2018, with subsequent information
received on July 10, 2018 and July 11, 2018. After reviewing your application, we have decided that these impacts are covered by
General Water Quality Certification Number 4139. This certification corresponds to Nationwide Permit 39 issued by the Corps of
Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to), Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will
expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project
change, you must notify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy
of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for
this project (now or in the future) exceed one acre, or total impacts to streams (now or in the future) exceed 300 linear feet,
compensatory mitigation may be required as described in 1�A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid,
you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification
General Conditions:
I. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete
and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the
potential for efevated pH and possible aquatic life and fish kills. [1�A NCAC 02B.0200]
2. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected
riparian buffers. [15A NCAC 02H.0�06(b)(2)]
3. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains
and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0�06(b)(2)]
4. The use of rip-rap above the Normal High-Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall
be placed in stream channels in such a manner that it does not impede aquatic life passage. [ 15A NCAC 02H.0�06(b)(2)]
�. The permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for
approvaL [1 �A NCAC 02H .0507 (c) and I�A NCAC 02I-I .0�06 (b)(2) and (c)(2)]
6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most
current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and
other diversion structures shall be used to prevent ercavation in flowing water. [15A NCAC 02HA�06(b)(3) and (c)(3)]
7. Heavy equipment may be operated within the stream channels however; its usage shall be minimized. [l�A NCAC
02H.0506(b)(3)]
8. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination
of stream waters from �uels, lubricants, hydraulic fluids, or other toxic materials. [1 �A NCAC 02H.0506(b)(3)]
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [l�A
NCAC 02H.0506(b)(3)]
10. Discharging hydroseed mixtures and washing out hydroseeders and o[her equipment in or adjacent to surface waters is prohibited.
[15A NCAC 02H.0506(b)(3)]
1 1. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 1] 3A
Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control
Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that
no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0�06{b)(3) and (c)(3) and 1�A
NCAC 02B.0200]
12. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed
the requirements specified in the most recent version of the Na�th Caro[ina Sedinzent and Erosion Contro! �l /anual, or for
linear transportation projects, the NCDOT Sediment and Er�osion Conh�ol thlanz�a[.
13. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-
owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/orrepairof
erosion control measures and stor►nwater routing and treat�nent shall be on site always.
14. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in .
accordance with the most recent version of the Nor•th Carolirra Sz�rface Mining Mana�al. Reclamation measures and
implementation shall comply with the reclamation in accordance with the reguirements of the Sedimentation Pollution
Control Act and the Mining Act of 1971.
1 �. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, W S-1 1, High Quality
Waters(HQW),orOutstandingResource Waters(ORW),thenthe sedimentation and erosion control designs shall comply
with the requirements set forth in l�A NCAC 04B .0124, Design Standards in Sensitive Gi�ater•shed. [15A NCAC
02H.0506(b)(3) and (c)(3)]
16. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards
(including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. If the NCDWR 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 fur[her conditions are
ne¢essary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this
certification. [15A NCAC 02H.0506(b)(2)]
] 8. A copy of this Water Quality Certification shall be maintained on the construction site always. In addition, the Water Quality
Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project
manager. [1 �A NCAC 02H .0�07(c) and 1 �A NCAC 02H .0506 (b)(2) and (c)(2)]
19. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including
all non-commercial borrow and waste sites associated with the project, shall be clearly marked by highly visible fencing prior to
any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
[1�A NCAC' 02�L0�01 and .0502]
20. The issuance of this certification does not exempt the permittee from complying with all statutes, rules, regulations, or ordinances
that may be imposed by other government agencies (i.e. local, state, and federal) havingjurisdiction, including but not limited
to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc.
21. The permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery.
[i 5A NCAC 02BA�06(b)(2)]
22. Upon completion of the project (including any impacts at associated borrow or �vaste sites), the enclosed "Certification of
Completion Form" shall be submitted to NCDWR when all work included in the 401 Certification has been completed. [15A
NCAC 02H.0502( fl] ,
23. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of
the growing season following completion of construction. [15A NCAC 02B.0506(b)(2)]
24. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without
appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC
02H.0506(b)(3) and (c)(3)
25. 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 to protect surface waters standards [1�A NCAC
02H.0506(b)(3) and (c)(3):
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 Sedi�nent and Erosion Contro! Plarzning 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 mxd
Erosion Cond�ol Nlani�al. 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 Carrolina Sur face Mining Manua[.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
26. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top of bank,
without prior approval from NCDWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any s[atemen[ in [he attached Certification you must file a petition for an administra[ive hearing. You may
obtain [he pe[i[ion form from [he office of Administrative hearings. You must file the petition with [he office of Administrative
Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office ofAdministrative Hearings accep[s filings Monday through Friday
between [he hours of 8:OOam and S:OOpm, except for official s[a[e holidays. The original and one ( I) copy of the petition mus[ be
filed with the Oflice of Administrative Hearings.
The petition may be faced-provided the original and one copy of the document is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
The mailing address for the Oftice of Administra[ive Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mc Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Warer Resources under Section 401 of the Clean Water Act. If you have any
questions, please contact April Norton at (919) 707-91 I I or Aoril.Nortonnnedenceov.
Sincerely,
� ,
' �' �� G��
l.. �....'-
��( Linda Culpepper, Interim Director
` Divisiun of Water Resources
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
Ed Smail, Michael Baker In[emational, (esmailnmbakerintl.com)
File Copy
NORTH CAROIINA
ROY COOPER Enrlronmental Quc11ry
Gmnrtcw
MICHAEL S. REGAN
s�r.erary
LINDA CULPEPPER
lnlerfm DJrMar
NCUWR Project No.: County:
Applicant
Project M1ame:
Date of Issuance of 101 N'a[er Quality Certification:
Certificate of Completion
l�pon cuinplttiun ul sll ��ork uppruced i+�ithin the �OI N'ater (luuliip Ce«iticuiiun or applic�ble Dullcr Rulc,. anJ am� sub,eyuent
modilicaiions, ihe applicani is royuireJ tu romrn �his cenilicate to the 1111 francpunation Pcrmiuinc Unii. North Carnlina Di�iciun
o( W'ater Rcsource.. 1617 A4;�i1 Servica Crntcr. Ralcigh. VC. _'7699J fi 17. I�his lonn mu� be rowrned tu NCI)N�'R b� �he upplicanl.
tlie applicunl', aulhuriic�l aeent. or Ihe pnilec� enginecr. It is noi ntea.an lo stnd ecrtilicalts I}om all ul ihesc.
: Ipplicne!'s Ceflificelinx
I. . h�rcb� siate tliat. to �ht btsl of m� abililits. duc care anJ dilieence �cas uced in
the nbsereation ol the consvuctirni sueh that the con,tmction ous ub,cn��d w bc 6uili ai�hin .uh.iuntiul compliunce und intent ol
�he a01 Wuter Qualit} Certificaiiun nnd f3ull�cr Rules. the approecJ plans �nd ,pcei0ca�iuns. and other supponin@ muterials.
Si_nuture: Dute:
.4ge�tl's Certificntin�i
I. . hercb} smic thm. tu the ht+i of m�� abilities. duc ctirn anJ diligcnec ��ss u,ed in
the obsuration ol ihe cunctructiun such thai tha cunstruciinn �caY uh>ervcd tu ht huih �ci�hin ,uhst.mtiol eoinpliance and inicnt of
[he �01 W'ater Qualit�� Crttillca�ion nnd Ruflcr Rules. �he upprnued pluns and �pecilicaiione. unJ uthcr suppurtine msicriuls.
Siflnalurc: D�Ic:
F.rtgineer'.e Cer(ifrealinx
Parti�l f=inul
I. . xs a dul} rcgis�ered Prufecsiunal I-:ngincer in ihc State ol Nnnh Carulina
having been authorit4;d Io ohser�r Iperiodicall��, neekh. I'ull time) ihe con,iruclion ol lhe pn�lict tur the Permittee hertb�� state
ihat. io �he best uPm�� abilities. clua eare and diliemiec w:u useJ in throbsen��tion ul the construetion sueh that iha eoosvuetion
was uMsaned to ba built uitliin ,ubstantial compliuncc and imam ol the a01 W�ter (luali�� Ceniticatiun and 13utter Rule> ihe
appro��ed plans and �pccificatiuns. xnd other suppunine material�.
$1@p1lUfL
Ualt
Rceistration Vo.
:_, . ; � Q�,�
North Carolina Departmen[ nf Environinantal Quality Division of Water R25ourc25
512 Noi+,h Salisbury Street 1617 Matl Service Cen[2r . Raleigh, North Caroli�a 2 7 699-16 17
919-707.9000