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HomeMy WebLinkAbout20091203 Ver 1_Approval Letter_20091123v NCDENR North Carolina Department of Environment and Natural Resources Division of Water Qualify Beverly Eaves Perdue Coleen H. Sullins Governor Director November 23, 2009 Ashe County NCDWQ Project No. 20091203 SR 1511 State Project No. I tB 200511 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Heath Slaughter, Division Environmental Officer NCDOT, Division 11 PO Box 250 North Wilkesboro, NC 28659 Dear Mr. Slaughter: Dee Freeman Secretary You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of a pipe extension on SR 1511 in Ashe County: Stream Imoacts in the New River Basin Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring Mitigation linear ft 1 10 (pipe), 10 (rip rap) 20 0 20 20 0 Total Total Stream Impact for Project: 20 linear feet. The project shall be constructed in accordance with your application dated November 4, 2009 and received November 10, 2009. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3687. This certification corresponds to the Nationwide Permit 3 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 NCD WQ 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 furore) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification along with any additional conditions listed below. Condition(s) of Certification: 1. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 2 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. Transportation Permitting Unit One 1650 Mail service Center, Raleigh, North Carolina 27699-1650 NoithCdrolina f/Nn//)? Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 /`/??l4L all Phone: 919-733-17861 FAX: 919-733-6893 (/ Y Internet: hno/Ih2o.enrstate.muslnmetlandsf An Equal opportunity 1 Affirmative Action Empicyer 3. 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 located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Amy Euliss at (336)771-4959. Sincerely, Coleen H. Sullins Director Cc: Monte Matthews, Raleigh Field Office, USACE Ron Linville, NC Wildlife Resources Commission W6-[lands/401-Transportation-Penni ing_Unit File Copy