20001195 Ver 8_Approval Letter_20090706

AN ?
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 6, 2009
Mr. Jerry Orr
Charlotte-Douglas International Airport
P.O. Box 19066
Charlotte, NC 28219
Re: Charlotte-Douglas International Airport - Runway Expansion, Mecklenburg County
DWQ #20001195, Ver. 8; USACE Action ID. No. 2006-32521
Ut to Coffey Creek [030834, 11-137-4, C]
APPROVAL of 401 Water Quality Certification with Additional Conditions - NOV
Dear Mr. Orr:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3581 for AFTER-THE FACT APPROVAL issued to
Jerry Orr of Charlotte-Douglas International Airport, dated July 6, 2009. This Certification replaces the
Certification issued on June 8, 2009. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/Ym
Since y,
fi? oleen H. Sullins
Attachments: Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
USACE Asheville Regulatory Field Office
Alan Johnson, DWQ, Mooresville Regional Office
DLR, Mooresville Regional Office
File Copy
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28791
Filename: 001195V er8Cha rlotteDouglaslnternationa IAirport(Mecklen burg)401_IC
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.uslncwetlands/
NorthCarolina
?aturallt?
An Equal Opportunity 1 Affirmative Action Employer
Charlotte-Douglas International Airport
Page 2 of 6
July 6, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 (After-the-Fact approval) to Mr. Jerry Orr of Charlotte-Douglas
International Airport to fill 1.148 acres of 404/jurisdictional wetlands and 15,595 linear feet of perennial
stream, 5,964 linear feet of intermittent stream, and 7.522 acres of open water (ponds) in the Catawba River
Basin, associated with the construction of the proposed Charlotte-Douglas International Airport Wilkinson
Boulevard runway expansion located south of Byrum Drive, and east of US Interstate 485, in Charlotte,
Mecklenburg County, North Carolina, pursuant to an application filed on the 27th day of April of 2009 (and
received by the DWQ on May 6, 2009), and a U.S. Army Corps of Engineers Public Notice issued May 20,
2009, and received by the DWQ on May 22, 2009, and all additional correspondence received on May 6,
2009.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification
Impacts Approved
1. The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification are met. No other impacts are approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404 Wetlands 1.148 (acres) Application and Public Notice
Stream (perennial) 15,595 (linear feet) Application and Public Notice
Stream (intermittent) 5,964 (linear feet) Application and Public Notice
Open Water (ponds) 7.522 (acres) Application and Public Notice
Sediment and Erosion Control
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
Charlotte-Douglas International Airport
Page 3 of 6
July 6, 2009
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.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
http: //h2o. enr.state. nc. itsIstilForms Documents. htm.
Continuing Compliance
Mr. Jerry Orr and Charlotte-Douglas International Airport, shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law. If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Jerry Orr and/or Charlotte-Douglas International Airport
Charlotte-Douglas International Airport
Page 4 of 6
July 6, 2009
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503
and provide opportunity for public hearing in accordance with 15A NCAC 211.0504. Any new or
revised conditions shall be provided to Mr. Jerry Orr and/or Charlotte-Douglas International Airport
in writing, shall be provided to the United States Army Corps of Engineers for reference in any
Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project.
Culvert Installation
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
(http://www.ncdot.org?doh/operations/BMP manuaUdownloadBMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401 /Wetlands
Unit of the NC Division of Water Quality upon completion of the project. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the
Certificate of Completion form.
Charlotte-Douglas International Airport
Page 5 of 6
July 6, 2009
8. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance with
permit conditions including the sedimentation control plan, self-monitoring, record keeping and
reporting requirements are required. A copy of this permit and monitoring report forms may be found
at htW. //h2o. enr. state. nc. us/sulForms Documents. htm. ;
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands/documents/wet buf compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Mitigation:
10. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet the 404/Wetlands mitigation requirement and the
Charlotte Storm Water Services mitigation bank to meet the stream restoration requirement. These
methods have been determined by the DWQ to be suitable methods to meet the mitigation
requirements. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office) and the City of Charlotte Restoration Bank has received your
payment, no impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at (919) 716-19215 if you have any questions concerning payment into a restoration fund.
You have 60 days from the date of this approval to make this payment. For accounting purposes,
this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet
the following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
404/Wetlands 0.25 (acres) Catawba/03050101
Stream (perennial) 438 (linear feet) Catawba/03050101
11. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at:
htti):Hh2o.enr. state.nc.us/ncwetlands/documents/SMPReouirementsforAnnlicantsotherthanNCDO
T.pdf. The required SMP documentation must be submitted within 60 days of the issuance of the
401 Water Quality Certification to the DWQ (401 Oversight and Express Permitting Unit, 2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604).
Charlotte-Douglas International Airport
Page 6 of 6
July 6, 2009
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the
project is subject to another state stormwater program, a copy of the approval letter and
approved SMP must be submitted before any impacts authorized in this certification occur. If
a development is phased, then the SMP for each future phase must approved by the 401
Oversight/Express Unit or, if the project is subject to another state stormwater program, a
copy of the approval letter and approved SMP must be submitted before any impacts
associated with that phase may occur.
a The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
D The approved SMP as well as drainage patterns must be maintained in perpetuity.
The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
12. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 6 h day of July 2009
70 F WAT QQTY
0
J
leen H. Sullins
No( CHS/cbk/Um
3581
Q??
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Mr. Jerry Orr of Charlotte-Douglas International Airport, have permission
to fill or otherwise impact 1.148 acres of 404/jurisdictional wetlands and 15,595 linear feet of perennial stream,
5,964 linear feet of intermittent stream, and 7.522 acres of open water (ponds) in the Catawba River Basin,
associated with the construction of the proposed Charlotte-Douglas International Airport Wilkinson Boulevard
runway expansion located south of Byrum Drive, and east of US Interstate 485, in Charlotte, Mecklenburg County,
North Carolina, in Charlotte, Mecklenburg County, North Carolina. All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Charlotte Douglas Airport 3`d Parallel Runway (CTO1)
DWQ PROJECT 20001195, Ver. 8
LOCATION: Charlotte
COUNTY Mecklenburg
BASIN/ SUB BASIN Catawba/03050101
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
0.25 Acres of 404/Wetlands 0.25 Acres of 404/Wetlands
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 001195 Ver8CharlotteDouglasIntemationalAirport(Mecklenburg)401 _IC_EEP
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 f?y+ //
Phone: [phone] FAX: [phone] atu a"?
Internet: hftp:llh2o.enr.state.nc.us/ncwetlandsl
An Equal Opportunity 1 Affirmative Action Employer