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HomeMy WebLinkAbout20170666 Ver 2_B-5373 2018-09-28 DWR Request for removal of Mitigation Condition_20180928STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR September 28, 2018 NC Division of Water Resources Transportation Permitting Branch 1617 Mail Service Center Raleigh NC 27699-1617 ATTN: Ms. Amy Chapman NCDOT Coardinatar JAMES H. TROGDON, III SECRETARY Subject: Request for Removal of Mitigation Condition from DWR Certification for the proposed replacement of Bridge No. 44 over Long Creek on SR 1435 (Poplin Road) in Stanly County, Federal Aid Project No. BRZ-1435(9), Division 10, TIP No. B-5373. Reference: DWR Certification No. 2017-0666v.1, dated July 27, 2017 DWR Certification Correction, dated December 8, 2017 US Army Corps of Engineers 404 Permit, dated July 11, 2017 Dear Madam: Upon project review, it has been noted that the Water Quality Certiiication contains an inadvertent mitigation requirement condition On May 31, 2017, the NCDOT applied for the US Army Corps of Engineers 404 and 401 DWR Certification far the above-mentioned project. At the time of the application, NCDOT accounted for 72 linear feet of impact as "loss of waters" and proposed mitigation by way of "Debit Ledger" from an existing site within the same HUC as the project. Upon the processing of the application, the US Army Corps of Engineers determined that the impact was not considered "channelization activity" and therefore not a"loss of waters" and no mitigation was required for the project. Please see enclosed electronic mail correspondence. (Additionally, it was determined that the proposed "Debit Ledger Site" did not contain the credits necessary to serve as a mitigation source for the project.) This determination of no mitigation required was inadvertently not provided to the NCDWR. As such, the DWR Certiiication, Condition number 6 indicates: MailingAddress: Telephone: (919) 707-6000 Location: NC DEPARTMENT OF TiLANSPORTATION 1 OZO BIRCH RIDGE DRNE ENVIRONMENTAL ANALYSIS UNIT Customer Service: 1-877-368-4968 RALEIGH NC 27610 1598 MAIL SERVICE CENTER Website.� www.ncdot.gov Rn[.e�GH NC 27699-1598 "Compensatory mitigation for� impacts to 72 linear• feet of streams at a replacement ratio of 2:1 is required. Compensatory mitigation for impacts to jurisdictional stream shall be provided by onsite stt•eam mitigation of warm stream at a ratio of 2:1 for restot•ation/t•elocation of 72 linear feet. You have indicated in your application that the "Afton Run Mitigation Site " in Cabarrus County will be used for this mitigation requirement. The debit leger of available credits in HUC 03040105, which were available fr�om the mitigation for U-20098, is 266 credits. The ledger is now debited 1�� units with 117 credit balance remaining. All on-site str•eam mitigation sites shall be protected in perpetuity by a conservation easement or thr�ough NCDOT jee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. All on-site compensatory mitigation should be marked with appropriate boundRry signs on all sides. All stream crossings, to include aerial and buried utility lines, are not eligible to generate steam credit within the limits of the crossings (as defined by the utility easements for utility crossings). All stream banks shall be matted with coir fiber matting. Rolled Erosion Control Products (RECP) or other construction materials that contains nylon or� plastic mesh, which has been found to be harmf �l to wildlife, is not allowed in the forested riparian buffers." NCDOT hereby requests the cemoval of the mitigation requirement (Condition number 6) from the Water Quality Certification for this project. If you have any questions or need additional information, please contact Michael Turchy at maturchy@ncdot.gov or (919) 707-6157. Sin rely, . ���� � Philip S. Harris III, P.E., C.P.M. Natural Environment Section Head cc: Donna Hood, Divison 10 and 12 DWR Transportation Coordinator RE: Permit Application for B-5373, Stanly County Amschler, Crystal C CIV USARMY CESAW (US) Tue 6/27/2017 423 PM To:Dagnino, Carla S <cdagnino@ncdot.gov>; cc:Turchy, Michael A <maturchy@ncdot.gov>; Carla, I've reviewed the PCN for this project and have the following comments/questions: 1) The package labels the 721f of stabilization a"channelization" due to the riprap being imbedded into the stream bank. However, I wouldn't consider an activity a stabilization unless it straightened and/or deepened a stream. as far as I can tell, this project does neither. Since the stream is currently already shaded, as far as I can tell, the loss of function related to this project would be the hardening of the banks only, with a slight increase in stream shading due to a wider bridge. As such, mitigation would not be required for this impact. Please let me know if I'm missing something here. 2) also, I'm not familiar with low water bridges. Can you fill me in on how these differ from traditional bridges and also provide some additional detail on why a traditional bridge would not work? do you have any photos of the site you can send me for reference? 3) I also feel like it would be simpler to issue this under a single permit, NWP-14 as opposed to three separate permits. Do you have any objection to my issuing it under a NWP-14? 4) and lastly, since this is federally funded do you already have correspondence from FWS regarding NLEB? Thanks, Crystal C. Amschler Project Manager Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28403 (828)-271-7980 Ext 4231 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http: corpsmapu.usace.army.mil cm apex f?p=136:4:0 -----Original Message----- From: Dagnino, Carla S [mailto:cdagnino@ncdot.gov Sent: Tuesday, May 30, 2017 2:22 PM To: Amschler, Crystal C CIV USARMY CESAW (US) <Crystal.C.Amschler@usace.army.mil>; Chapman, Amy <amy.chapman@ncdenr.gov> Cc: Hood, Donna <donna.hood@ncdenr.gov>; 'marella_buncick@fws.gov' <marella_buncick@fws.gov>; AI- Ghandour, Majed N<malghandour@ncdot.gov>; Hanks, Brian <bhanks@ncdot.gov>; Carpenter,Kristi <kristilynn.carpenter@ncdenr.gov>; Mellor, Colin <cmellor@ncdot.gov>; Mitchell, Louis L<Imitchell@ncdot.gov>; NCDOT Service Account - Roadway Design <roadwaydesign@ncdot.gov>; Staley, Mark K<mstaley@ncdot.gov>; Thompson, Larry B<Ithompson@ncdot.gov>; Barclay, Carl A<cbarclay@ncdot.gov>; Cole, Scott <scole@ncdot.gov>; Turchy, Michael A<maturchy@ncdot.gov>; Zerman, William S<bzerman@ncdot.gov> Subject: [Non-DoD Source] Permit Application for B-5373, Stanly County The Permit Application for B-5373 has been posted to the NCDOT website. The electronic copy can be viewed /downloaded at Blockedhttps://connect.ncdot.gov/resources/Environmental/ < Blocked https://connect.ncdot.gov/resou rces/Envi ronmental/> This email serves as NCDOT's permit application submittal to the NC Division of Water Resources and the US Army Corps of Engineers. Thank you. Carla Dagnino Western Region Environmental Program Supervisor II Natural Environment Section NC Department of Transportation 919 707 6110 office cdagnino@ncdot.gov <mailto:cdagnino@ncdot.gov> U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01414 County: Stanlv U.S.G.S. Quad: Richfield GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: North Carolina Deuartment Of Transportation, Proiect Development and Environmental Analvsis Unit Attn: Mr. Phillip S. Harris, III, PE, Address: 1598 Mail Service Center Raleigh, NC 27699-1598 Size (acres) Approximatelv 1 acre Nearest Town New London Nearest Waterway Long Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.409322667597 Longitude: -80.2584039105095 Location description: The B5373 Poplin Road (Bridge 44) brid�e replacement proiect is located where Poplin Road crosses over Long Creek, apAroximatelv 0.25 miles southwest of the intersection of Poplin Road with Kendalls Church Road, in New London, Stanly Countv, North Carolina. Description of projects area and activity: This permit verification authorizes permanent impact to 971f of stream channel (bed and bank stabilization) and temqorarv impact to 521f of stream channel resulting from the reqlacement of an existing low water bridge with a new low water bridge. Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 14 Linear Transqortation Proiects. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated OS/30/2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activiry would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) ar are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth Ciry, NC, at (252) 264-3901. This Deparhnent of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Crystal Amschler at (828) 271-7980 X 4231 or Crystal.C.Amschler(a�usace.army.mil. AMSCHLER.CRYSTAL.0 °M �'� ER�R°�ra�.�AM���E,�;as,<„a Corps Regulatory Official: AMILLE.1238614178 ^°=a°^ AMSCHLEPCPYSTPLCAM1LLE1338°,°,�a Date: July 11, 2017 Expiration Date of Verification: 03/18/2022 Copy furnished: NC DOT PDEA, Michael Turchy, 1598 Mail Service Center, Raleigh, NC, 27699-1598; maturchy@ncdot.gov Environrnen taI Quality ROY COOPER Go vernor MICHAEL S. REGAN Secrerary� LINDA CULPEPPER lnterim Direc'!or December 8, 2017 Stanly County NCDWR Project No. 2017-0666v. i Bridge 44 on SR1435 Tl P Project No. B-5373 CORRECTION for APPROVAL of �301 WATER QUALITY CERTIFICATION Mr. Philip S. Harris, III, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Dear Mr. Harris: Attached hereto is a correction of 401 Certitication for NC DWR #20170666, TIP B-5373 issued to The North Carolina Department of Transportation (NCDOT) dated July 27, 2017. The original 401 was issued with the General Certifications associated to the requested Nationwide Permits 13, 23, and 33 in the original permit package. The Nationwide Permit actually issued for this project was a Nationwide 14, therefore, the 401 is being corrected to reflect this change. NC DOT project B-5373 is covered by General Water Quality Certification Number(s) 4135. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. All other conditions of the original 401, both general and specific, still apply. If we can be of f'urther assistance, do not hesitate to contact us. �,5incerel�", � � , r Y ���` �I��� �� Linda Culpepper, lnterim Director Division of Water Resources Attachments Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Larry Thompson, Division 10 Environmental Officer Colin Mellor, NC Department of Transportation Carla Dagnino, NC Department of Transportation Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services Donna Hood, NC Division of Water Resources Mooresville Regional Of�ice File Copy State of North Carolina � Environmental Quality 1617 Mail Service Center � Raleigh, No�th Carolina2 7699-1 61 7 , . ,y� !f'�ry` �iti� � �.�'� f.���;.��),`C� �1'j I I';. .. Environmental QUQ�I i}� ROY COOPER CiOVL'7T701' MICHAEL S. REGAN Secre���y S. JAY ZIMMERMAN Direc�or July 27, 2017 Stanly County NCDWR Project No. 2017-0666v.1 Bridge 44 on SR1435 TIP Project No. B-5373 APPROVAL of 401 WATER QUALITY CGRTIFICATION, with ADDITIONAL CONDITIONS Mr. Philip S. Harris, III, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Dear Mr. Harris: You have our approval, in accordance with the conditions listed below, for the following impacts foi• the purpose of replacing bridge 44 on SR1435, Poplin Road, in Stanly County: Stream Impacts in the Yadkin River Basin Permanent Strea�n Fill in Temporary Fill Total Strea�n l�npacts in I'erennial Site Perennial Impact Requiring Stream Stream (linea►• ft) Mitigation (linear ft) ]inear f't lincar T# 1-for installaion ofripi•ap 27 27 0 I-installization ofstreamstabilization ]0 10 0 1-installization s�l'i���a�;�vic�tisclikes IS li-ri �•a embank�nent 25 25 0 1-stream stab ilization 72 72 72 TOTAL 97 52 134 72 Total Stream Impact for Project: 134 linear feet. The project shall be constructed in accot•dance with youi• application dated received May 30, 2017. After i•eviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number(s) 4087, 4093, and 4094. This certification corresponds to the Nationwide Permits 13, 23, and 33 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-Discha►•ge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. State ofNor[h Carolina � Environmental Quality 1617 Mail Service Center I Rafeigh, North Caro6na 27699-1 6 1 7 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 NCDWR 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 future) 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(s) and any additional conditions listed below. Condition(s) of Certi�cation: 1. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2) 2. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 3. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250, please refer to the most recent version of the North Carolirra Department of Transportatron Stof•rnwater Best Managernent Practices Toolbox manual for approved measures. [ 15A NCAC 02H .0507(d)(2) and 15A N�AC 02H .0506(b)(5)] 4. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)] 5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. [ 15A NCAC 02H .0506(b)(3) 6. Compensatory mitigation for impacts to 72 linear feet of streams at a replacement ratio of 2:1 is reGuired. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream mitigation of warm stream at a ratio of 2:1 for restoration/relocation of 72 linear feet. You have indicated in your application that the "Afton Run Mitigation Site" in Cabarrus County will be used for this mitigation reGuirement. The debit ledger of available credits in HUC03040105, which were available from the mitigation for U-2009B, is 266 credits. The ledger is now debited 144 units with 117 credit balance remaining. All on-site stream mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. All on-site compensatory mitigation should be marked with appropriate boundary signs on all sides. All stream crossings, to include aerial and buried utility lines, are not eligible to generate steam credit within the limits of the crossings (as defined by the utility easements for utility crossings). All stream banks shall be matted with coir fiber matting. Rolled Erosion Control Products (RECP) or other construction materials that contains nylon or plastic mesh, which has been found to be harmful to wildlife, is not allowed in the forested riparian buffers. General Conditions CJnless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall 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-eGuilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200] 3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [ 15A NCAC 02H.0506(b)(2)] 4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (�)(2)l 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most cw•rent version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC 02H.0506(b)(3)] 9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters fi•om fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ 15A NCAC 02H.0506(b)(3)] 12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR 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 NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [ 15A NCAC 02H.0506(b)(2)] 14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, ifany, shall be maintained with the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 15. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by thi�� certification. [15A NCAC 02H.0501 and .0502] 16. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 17. The Permittee shall report any violations of this ceirtification to the Division of Water Resources within 24 hours of discovery. [ 15A NCAC 02B.0506(b)(2)] 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Ce�rtification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC o2H.oso2(fl� 19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02B.0231(a)(6)] 20. 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.[15A NCAC 02H.0506(b)(3) and (c)(3)] 21. 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 [15A NCAC 02H.0506(b)(3) and (c)(3]): 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 Minirrg Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [ 15A NCAC 02H.0506(b)(3) and (c)(3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form fi•om the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of B:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Donna Hood at (704) 682-2839 or donna.hood@ncdenr.gov. Sincerely, � ^ � S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Larry Thompson, Division 10 Environmental Officer Colin Mellor, NC Department of Transportation Carla Dagnino, NC Department of Transportation Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services Donna Hood, NC Division of Water Resources Mooresville Regional Office File Copy