HomeMy WebLinkAbout20150755 Ver 1_Approval Letter_20150818►�w
CNR - I
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary -
August 18, 2015
DWR # 15 -0755
Rutherford County
Rutherford County
Attn: Steve Garrison, Manager
289 North Main Street
Rutherfordton, North. Carolina 28139
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Painter's Gap Road Water Line -
Dear Mr. Garrison:
You have our approval for the impacts listed below for the purpose described in your
application received August 3, 2015. These impacts are covered by the attached Water Quality
General Certification Number 3884 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 12 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)]
Division of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296 -45001 FAX: 828- 299 -7043
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Type of Impact
W1
S1
S2
S3
S4
S5
S6
S7
Amount Approved
(units)
Permanent
15 Linear Ft.
Rutherford County
DWR# 15 -0755
401 APPROVAL
Page 2 of 3
Amount Approved
(units)
Temporary
0.003 Acres
15 Linear Ft.
15 Linear Ft.
15 Linear Ft.
15 Linear Ft.
15 Linear Ft.
15 Linear Ft.
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as past 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. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals.. [15A NCAC 02H .0506(b)(2)]
21
5.
All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of-maters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the
Division, between the hours of 8 am to 5 pm at the Asheville Regional Office at
828.296.4500 and after hours and on weekends call (800) 858 -0368. Management of
such spills shall comply with provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC
026.0200 (3)(f), and GS 143 Article 21A]
All temporary impacted areas shall be restored to pre- construction natural conditions
upon completion of the project. Native vegetation shall be used for stream bank
stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty calendar days.
Rutherford County
DWR# 15 -0755
401 APPROVAL
Page 3 of 3
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 5:00pni, 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.
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, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
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 Ed Williams at 828 - 296 -4686 or ed.williams@ncdenr.gov if you have any
questions or concerns.
Sincerely,
As e
. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3884
Certification of Completion
ec: Clear Water Environmental
William Elliot - USACE Asheville Regulatory Field Office
Andrea Leslie — NCWRC
Fred Walker — DEMLR
G. \WR \WQ\ Rutherford \401s\ Non - DOT\ RutherfordCounty. paintersGapRoad\ APRVL .401.PaintersGapRd.4- 18- 15.docx