HomeMy WebLinkAbout20051711 Ver 2_Approval Letter_20190723DocuSign Envelope ID: 3645A4B4-1666-4A42-BF17-546CFCB31004
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Burlington Alamance Airport
Attn: Mr. Dan Danieley
3441 N. Aviation Drive
Burlington NC 27244
STATE o
NORTH CAROLINA
Environmental Quality
July 23, 2019
DWR # 20051711 Ver 2
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Burlington Alamance Regional Airport Twin Arch Culvert Rehab
Dear Mr. Danieley:
You have our approval for the impacts listed below for the purpose described in your application dated
June 17, 2019, received by the Division of Water Resources (Division) June 17, 2019, with payment
received on July 18, 2019. These impacts are covered by the attached Water Quality General
Certification Number 4132 and the conditions listed below. This certification is associated with the use
of Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers. Please
note that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and
Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1
0 (linear feet)
20 (linear feet)
Site 2
0 (linear feet)
30 (linear feet)
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
�'—�`f 336-776-9800
DocuSign Envelope ID: 3645A4B4-1666-4A42-BF17-546CFCB31004
Burlington Alamance Airport
DWR# 20051711 Ver 2
401APPROVAL
Page 2 of 3
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. Appropriate measures should be taken prior to any in stream activities to protect waters and
wetlands from turbidity and/or sedimentation. The turbidity standard shall not be exceeded as
described in 15 A NCAC 02B .0200. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
4. The dimension, pattern and profile of the stream above and below the culvert shall not be
modified by widening the base flow stream channel or reducing the depth of the base flow
stream as a result of the culvert rehabilitation activity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
5. The proposed project must comply with the City of Burlington's local water supply ordinance
approved by the N.C. Environmental Management Commission (EMC) as required under the
Jordan Lake Water Supply Watershed: Protection and Maintenance of Riparian Areas (Jordan
Buffer Rule) 15A NCAC 0213 .0267.
6. The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became aware of the circumstances. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-case
basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification can be contested as provided in General Statute 150B 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:OOam and S:OOpm, 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.
DocuSign Envelope ID: 3645A4B4-1666-4A42-BF17-546CFCB31004
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Burlington Alamance Airport
DWR# 20051711 Ver 2
401APPROVAL
Page 3 of 3
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
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
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or
concerns.
Sincerely,
DocuSiTgned by:
�w. l . tJM�Gf
145649E 25C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4132
cc: Troy Beasley, WithersRavenel (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file