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Home My WebLink About20090478 Ver 2_Approval Letter_20091008AL17 _20? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Mr. Frank Canneto Transcontinental Gas Pipe Line Co., LLC 2800 Post Oak Blvd. Houston, Texas 77056 Subject: 85 North Expansion Project APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Canneto: Dee Freeman Secretary October 8, 2009 DWQ# 09-0478 V2 Rowan County You have our approval, in accordance with the general certification and those conditions listed below, to impact 208 linear feet (If) of unnamed stream to Sills Creek and 26 If of impact to Sills Creek in order to construct the proposed gas line in Rowan County, as described in your application received by the Division of Water Quality (DWQ) on September 21, 2009. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3699, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use 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. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable. No permanent impacts are proposed. If riprap is necessary, it must be approved by DWQ. 3. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed benches) above and below locations of each culvert. Mooresville Regional Office One Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 ?aturallr? Internet: www.ncwaterauality.org An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper 4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from DWQ. If approved, they shall be removed and the natural grade restored within two months of the date of the close out/stabilization of the given drainage area. 5. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality 6. Continuing Compliance. The applicant (Transcontinental Gas Pipeline Co., LLC) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ 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, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 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. 27699-6714. 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 telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663- 1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, L-- forColeen H. Sullins Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit MRO, Land Quality David Beckmeyer, Perennial Env. Serv., 5700 Northwest Central Dr., Ste. 210, Houston, TX 77092