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Home My WebLink About20150641 Ver 1_Approval Letter_20150721NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 22, 2015 Mr. David Keeley North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27611 Mr. Mark Hamlett, PE North Carolina Wildlife Resources Commission 1720 Mail Service Center Raleigh, North Carolina 27699 Donald R. van der Vaart Secretary DWR # 15 -0641 McDowell County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Black Bear Tract Bridge (Crossing #1) Dear Messrs. Keeley and Hamlett: You have our approval for the impacts listed below for the purpose described in your application dated June 17, 2015, and received by the Division of Water Resources (Division) on June 26, 2015. These impacts are covered by the attached Water Quality General Certification Number 3883 and the additional 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, Water Supply Watershed, and Trout Buffer 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, General Permit and /or Buffer Rules 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 -4500 \ FAX: 828 - 299 -7043 Internet: http: / /portal.ncdenr.org /web /wq /ws An Equal Opportunity\ Affirmative Action Employer Black Bear Tract Bridge DWR# 15 -0641 401APPROVAL Page 2 of 3 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact S1 25 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 /Authorization. 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) 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)] 4. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters 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 0213 .0200 (3)(f), and GS 143 Article 21A] 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 (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 8:00am and 5:00pm, 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. Black Bear Tract Bridge DWR# 15 -0641 401APPROVAL Page 3 of 3 Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 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 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 by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Ed Williams at 828 - 296 -4686 or ed.williams@ncdenr.gov if you have any questions or concerns. Enclosures: GC 3883 Certificate of Completion cc Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Tasha Alexander— USACE Asheville Regulatory Field Office (via email) Fred Walker - Division of Energy, Mineral, and Land Resources (via email) Andrea Leslie — NCWRC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G: \WR \WQ \McDowell \401s \Non- DOT \Black Bear Tract Bridge\ APRVL. 401BIackBearTractBridge _07- 21- 15.doc