OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PUBLIC NOTICE. August 3, 2009

Transcription

1 Steve Thompson Executive Director Brad Henry Governor OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PUBLIC NOTICE August 3, 2009 This is to give notice that the Oklahoma Department of Environmental Quality (DEQ) has received applications for Water Quality Certifications (WQC) for a U.S. Coast Guard permit, under Section 401 of the Water Quality Act. The applications are from the Oklahoma Department of Transportation for installation of additional bridge piers in several water bodies in Oklahoma. The notice opens on August 3, 2009 and will close on September 2, The 401 applications are for the following projects: 1) Project J/P 22166(04) will involve the installation of additional pier protection cells adjacent to the north side of the existing US-62 westbound bridge over the Arkansas River. A total volume of 1,250 cubic yards of rock and soil will be excavated from the channel for the six cells and will be displaced back into the channel outside of the navigable channel and below the 100-year flood elevation. All the construction will be performed within the ODOT right-of-way, and from a barge within the navigation system channel. No work roads or drilling platforms will be constructed within the channel. Concrete for the pier protection cells may be poured from the deck of the existing bridge. The constructed cells will occupy approximately acre within the OHWM of the channel. The project is located on the Arkansas River in the Southest 1/4 of Section 16, Township 15 North, Range 19 East, in Muskogee County, Oklahoma. 2) Project J/P 22165(06) will involve the installation of additional pier protection cells adjacent to the north side of the existing SH-100 westbound bridge over the Arkansas River. A total volume of 1,870 cubic yards of rock and soil will be excavated from the channel for the 9 cells and will be displaced back into the channel outside of the navigable channel and below the 100-year flood elevation. All the construction will be performed within the ODOT right-of-way, and from a barge within the navigation system channel. No work roads or drilling platforms will be constructed within the channel. Concrete for the pier protection cells may be poured from the deck of the existing bridge. The constructed cells will occupy approximately acre within the OHWM of the channel. The project is located on the Arkansas River in the Northwest 1/4 of Section 18, Township 12 North, Range 21 East, in Sequoyah County, Oklahoma. 3) Project J/P 22164(06) will involve the installation of additional pier protection cells adjacent to the north side of the existing Interstate 40 westbound bridge over the Arkansas River. A total volume of 1,150 cubic yards of rock and soil will be excavated from the channel for the 5 cells and will be displaced back into the channel outside of the navigable channel and below the 100-year flood elevation. All the construction will be performed within the ODOT right-of-way, and from a barge within the navigation system channel. No work roads or drilling platforms will be constructed within the channel. Concrete for the pier protection

2 cells may be poured from the deck of the existing bridge. The constructed cells will occupy approximately acre within the OHWM of the channel. The project is located on the Arkansas River in Sections 29, Township 12 North, Range 21 East, in Sequoyah County, Oklahoma. The DEQ contact person for submitting written comments, requesting information regarding the Water Quality Certification draft, and/or obtaining copies of the Certification: Elena Jigoulina Water Quality Division Oklahoma Department of Environmental Quality P.O. Box 1677 Oklahoma City, OK (405) Deadline for comments is Wednesday, September 2 nd! You are receiving this notice because you are either on DEQ s list to receive all public notices about 401 Water Quality Certifications. If you are receiving this notice in error, are getting multiple notices, or do not want to receive future notices, please let us know. If you are receiving this in paper form, please help save money and the environment by receiving the notice in PDF format via . Just let us know you address at Karen.Miles@deq.ok.gov. Page 2

3 September XX, 2009 Mr. Lary Willis, Oklahoma Department of Transportation 20 N.E. 21 st Street Oklahoma City, Oklahoma RE: Project No. BRIY-151B(210)MS; J/P22166(04) We have received your request for a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (Public Law (P.L.) ), as amended by the Clean Water Act of 1977 (P.L ), for a Coast Guard bridge permit. The Department of Environmental Quality rules governing 401 Certification are contained in Oklahoma Administrative Code (OAC) 252: through 252: pursuant to 27A Oklahoma Statute, Section (C)(2). For copies of the Department s rules and regulations related to the 401 procedures, please contact the Customer Assistance Division at (405) or online at We have reviewed and examined the proposed project as described in Public Notice of August 3, 2009 and your application. Arkansas River is assigned the following beneficial uses through the Oklahoma Water Quality Standards (WQS): Emergency Water Supply, Warm Water Aquatic Community, Agriculture: Livestock and Irrigation, Primary Body Contact Recreation, Navigation, and Aesthetics (OAC 785:45 Appendix A, Table 1). To obtain a copy of the most recent version of the Oklahoma WQS, please contact the Oklahoma Water Resources Board at (405) This project will involve the installation of additional pier protection cells adjacent to the north side of the existing US-62 westbound bridge over the Arkansas River. A total volume of 1,250 cubic yards of rock and soil will be excavated from the channel for the six cells and will be displaced back into the channel outside of the navigable channel and below the 100-year flood. All the construction will be performed within the ODOT right-of-way, and from a barge within the navigation system channel. No work roads or drilling platforms will be constructed within the channel. Concrete for the pier protection cells may be poured from the deck of the existing bridge. The constructed cells will occupy approximately acre within the OHWM of the channel. The project is located on the Arkansas River in the Southest 1/4 of Section 16, Township 15 North, Range 19 East, in Muskogee County, Oklahoma. This is a Conditional Certification. The state may require compliance with the conditions under state and/or federal law. Failure to comply with the conditions or any other applicable state requirements may result in proceedings brought by the state for the suspension, termination, modification or revocation of this Certification and/or for injunctive relief, damages and/or penalties as allowed by law. This Certification may be revoked or modified upon subsequent amendments or revisions to Oklahoma's Water Quality Standards requirements or upon expiration of the federal permit for the described activity. This conditioned Water Quality Certification does not supersede the requirements of a Coast Guard bridge permit, a permit required by the local floodplain board, or any other permit required for this project. The following conditions are a part of this water quality certification: Page 3

4 1) Environmental control practices, including but not limited to, effective erosion control measures must be utilized during construction. 2) All materials and fuels used in the construction of this project must be stored and/or stockpiled above the Ordinary High Water Mark (OHWM). 3) No fueling and servicing of equipment shall take place below the OHWM. 4) All excess fill material, waste materials, construction debris, etc., must be removed from the site upon completion of the project. 5) All disturbed areas must be revegetated with native plant species after completion of the project. 6) All spills of fuel or other pollutants in excess of five gallons shall be reported to the DEQ, within twenty-four (24) hours, to the pollution prevention hotline at ) Activities authorized by Coast Guard permits sometimes require floodplain development permits. Communities participating in the National Flood Insurance Program are required by that program to review all proposed development to determine if a flood plain permit is required. 8) Permittees shall provide access to the property to the DEQ for inspection purposes. If you have any questions concerning this matter, please contact Elena Jigoulina at Sincerely, Mark Derichsweiler, P.E., Engineering Manager Watershed Planning and Storm Water Permitting Section Water Quality Division cc: Director, Oklahoma Department of Wildlife Conservation Director, U. S. Fish and Wildlife Service, Tulsa Regional Administrator, EPA Region 6 (6E-FT) Kelly Hunter-Burch, Chief, Environmental Protection Unit, Attorney General of Oklahoma. Page 4

5 September XX, 2009 Mr. Lary Willis, Oklahoma Department of Transportation 20 N.E. 21 st Street Oklahoma City, Oklahoma RE: Project No. BRIY-151C(209)MS; J/P 22165(06) We have received your request for a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (Public Law (P.L.) ), as amended by the Clean Water Act of 1977 (P.L ), for a Coast Guard bridge permit. The Department of Environmental Quality rules governing 401 Certification are contained in Oklahoma Administrative Code (OAC) 252: through 252: pursuant to 27A Oklahoma Statute, Section (C)(2). For copies of the Department s rules and regulations related to the 401 procedures, please contact the Customer Assistance Division at (405) or online at We have reviewed and examined the proposed project as described in Public Notice of August 3, 2009 and your application. Arkansas River is assigned the following beneficial uses through the Oklahoma Water Quality Standards (WQS): Emergency Water Supply, Warm Water Aquatic Community, Agriculture: Livestock and Irrigation, Primary Body Contact Recreation, Navigation, and Aesthetics (OAC 785:45 Appendix A, Table 1). To obtain a copy of the most recent version of the Oklahoma WQS, please contact the Oklahoma Water Resources Board at (405) This project will involve the installation of 9 additional pier protection cells adjacent to the north side of the existing SH-100 westbound bridge over the Arkansas River. A total volume of 1,870 cubic yards of rock and soil will be excavated from the channel for the 9 cells and will be displaced back into the channel outside of the navigable channel and below the 100-year flood. All the construction will be performed within the ODOT right-of-way, and from a barge within the navigation system channel. No work roads or drilling platforms will be constructed within the channel. Concrete for the pier protection cells may be poured from the deck of the existing bridge. The constructed cells will occupy approximately acre within the OHWM of the channel. The project is located on the Arkansas River in the Northwest 1/4 of Section 18, Township 12 North, Range 21 East, in Sequoyah County, Oklahoma. This is a Conditional Certification. The state may require compliance with the conditions under state and/or federal law. Failure to comply with the conditions or any other applicable state requirements may result in proceedings brought by the state for the suspension, termination, modification or revocation of this Certification and/or for injunctive relief, damages and/or penalties as allowed by law. This Certification may be revoked or modified upon subsequent amendments or revisions to Oklahoma's Water Quality Standards requirements or upon expiration of the federal permit for the described activity. This conditioned Water Quality Certification does not supersede the requirements of a Coast Guard Bridge permit, a permit required by the local floodplain board, or any other permit required for this project. The following conditions are a part of this water quality certification: Page 5

6 1) Environmental control practices, including but not limited to, effective erosion control measures must be utilized during construction. 2) All materials and fuels used in the construction of this project must be stored and/or stockpiled above the Ordinary High Water Mark (OHWM). 3) No fueling and servicing of equipment shall take place below the OHWM. 4) All excess fill material, waste materials, construction debris, etc., must be removed from the site upon completion of the project. 5) All disturbed areas must be revegetated with native plant species after completion of the project. 6) All spills of fuel or other pollutants in excess of five gallons shall be reported to the DEQ, within twenty-four (24) hours, to the pollution prevention hotline at ) Activities authorized by Coast Guard permits sometimes require floodplain development permits. Communities participating in the National Flood Insurance Program are required by that program to review all proposed development to determine if a flood plain permit is required. 8) Permittees shall provide access to the property to the DEQ for inspection purposes. If you have any questions concerning this matter, please contact Elena Jigoulina at Sincerely, Mark Derichsweiler, P.E., Engineering Manager Watershed Planning and Storm Water Permitting Section Water Quality Division cc: Director, Oklahoma Department of Wildlife Conservation Director, U. S. Fish and Wildlife Service, Tulsa Regional Administrator, EPA Region 6 (6E-FT) Kelly Hunter-Burch, Chief, Environmental Protection Unit, Attorney General of Oklahoma. Page 6

7 September XX, 2009 Mr. Lary Willis, Oklahoma Department of Transportation 20 N.E. 21 st Street Oklahoma City, Oklahoma RE: Project No. BRIY (366)290MS; J/P22164(06) We have received your request for a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (Public Law (P.L.) ), as amended by the Clean Water Act of 1977 (P.L ), for a U.S. Coast Guard permit. The Department of Environmental Quality rules governing 401 Certification are contained in Oklahoma Administrative Code 252: through 252: pursuant to 27A Oklahoma Statute, Section (C) (2). For copies of the Department s rules and regulations related to the 401 procedures, please contact the Customer Assistance Division at (405) or online at We have reviewed and examined the proposed project as described in the Public Notice of August 3, 2009 and your application. Arkansas River is assigned the following beneficial uses through the Oklahoma Water Quality Standards (WQS): Emergency Water Supply, Warm Water Aquatic Community, Agriculture: Livestock and Irrigation, Primary Body Contact Recreation, Navigation, and Aesthetics (OAC 785:45 Appendix A, Table 1). To obtain a copy of the most recent version of the Oklahoma WQS, please contact the Oklahoma Water Resources Board at (405) This project will involve the installation of additional pier protection cells adjacent to the north side of the existing Interstate 40 westbound bridge over the Arkansas River. A total volume of 1,150 cubic yards of rock and soil will be excavated from the channel for the 5 cells and will be displaced back into the channel outside of the navigable channel and below the 100-year flood elevation. All the construction will be performed within the ODOT right-of-way, and from a barge within the navigation system channel. No work roads or drilling platforms will be constructed within the channel. Concrete for the pier protection cells may be poured from the deck of the existing bridge. The constructed cells will occupy approximately acre within the OHWM of the channel. The project is located on the Arkansas River in Section 29, Township 12 North, Range 21 East, in Sequoyah County, Oklahoma. This is a Conditional Certification. The state may require compliance with the conditions under state and/or federal law. Failure to comply with the conditions or any other applicable state requirements may result in proceedings brought by the state for the suspension, termination, modification or revocation of this Certification and/or for injunctive relief, damages and/or penalties as allowed by law. This Certification may be revoked or modified upon subsequent amendments or revisions to Oklahoma's Water Quality Standards requirements or upon expiration of the federal permit for the described activity. This conditioned Water Quality Certification does not supersede the requirements of a permit from the U.S. Coast Guard, a permit required by the local floodplain board, or any other permit required for this project. The following conditions are a part of this water quality certification: Page 7

8 1) Environmental control practices, including but not limited to, effective erosion control measures must be utilized during construction. 2) All materials and fuels used in the construction of this project must be stored and/or stockpiled above the Ordinary High Water Mark (OHWM). 3) No fueling and servicing of equipment shall take place below the OHWM. 4) All excess fill material, waste materials, construction debris, etc., must be removed from the site upon completion of the project. 5) All disturbed areas must be revegetated with native plant species after completion of the project. 6) All spills of fuel or other pollutants in excess of five gallons shall be reported to the DEQ, within twenty-four (24) hours, to the pollution prevention hotline at ) Activities authorized by Coast Guard permits sometimes require floodplain development permits. Communities participating in the National Flood Insurance Program are required by that program to review all proposed development to determine if a flood plain permit is required. 8) Permittees shall provide access to the property to the DEQ for inspection purposes. If you have any questions concerning this matter, please contact Elena Jigoulina at Sincerely, Mark Derichsweiler, P.E., Engineering Manager Watershed Planning and Storm Water Permitting Section Water Quality Division cc: Director, Oklahoma Department of Wildlife Conservation Director, U. S. Fish and Wildlife Service, Tulsa Regional Administrator, EPA Region 6 (6E-FT) Kelly Hunter-Burch, Chief, Environmental Protection Unit, Attorney General of Oklahoma. Page 8