HomeMy WebLinkAbout20110855 Ver 2_Approval Letter_20120613it
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Ewes Pardue
Governor
Mr Adam Long
Piedmont Natural Gas Company Inc
4720 Piedmont Row Drive
Charlotte NC 28210
Charles'livannd P E
Director
June 13 2012
Dee Freeman
Secretary
Re PNG Sutton Pipeline Project
Anson Richmond Scotland Robeson Bladen Columbus Brunswick and New Hanover
Counties
DWQ Project # 2011 0855v2 USACE Action ID No SAW 2010 01309
Yadkin Lumber and Cape Fear River Basins Multiple Surface Waters (see file)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Long
Attached hereto is a copy of Certification No 3911 issued to Mr Adam Long and Piedmont Natural Gas
Company Inc dated June 13 2012 This Certification replaces the Certification issued on April 5,
2012 In addition you should get any other federal state or local permits before you go ahead with your
project including (but not limited to) Solid Waste Sediment and Erosion Control Stormwater Non
discharge and Water Supply Watershed regulations
If we can be of further assistance do not hesitate to contact us
SI erely
Charles Wakild P E
CW/kah/ym
Attachments Certificate of Completion
cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303
Emily Hughes — Wilmington District USACOE
Chad Coburn DWQ Wilmington Regional Office
File Copy
Crystal Fox S &ME Inc 9751 Southern Pine Boulevard Charlotte NC 28273
DLR Wilmington Regional Office
Filename 110855Ver2PNGSuttonPrplelmeProject( NewHanoverAndOtherCount,es)401_IC
1617 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 91907 63001 FAX 919 807 6492 1 Customer Service 1 877 623 6748
Internet www ncwaterauality orq One
An Equal Opportunity 1 Affirmative Action Employer NorthCarohna
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PNG Sutton Pipeline
Multi Counties County
2011 0855v2
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION IS iStiuea in conformity with the requirements of Section 401 Pohiic 1 iws 92
500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Reg,.'ations in 15 NCAC 2P Sect on 0500 to "1r Adari Long and Piedn•ont Na+i.ral Gas Con-par v Inc
who have permission to fill or otherwise impact 220 21 acres of 404 /wetland (0 41 acres permanent impact
and 219 80 acres temporary impact of which 69 74 acres are permanent conversion from forested wetlands
to emergent wetlands) 5 220 linear feet of stream (temporary impact) 2 197 linear feet of Jurisdictional
drainage ditch (permanent impact) and 7 893 linear feet of Jurisdictional drainage ditch (temporary impact)
to constnuA n dohiral gas pipeline located *ithiri Ansor-t Rico m( rid S,.i tland Pobe�.oi, Rladen Columbus
Brunswick and New Hanover Counties North Carolina, pursuant to an application dated May 22 2012 and
received by the DWQ on May 23 2012
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301 302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application the
supporting documentation and conditions hereinafter set forth
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice If the project is changed prior to notification a new application for a new
Certification is required 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 of this Certification Any
new owner must notify the Division and request the Certification be issued in their name Should wetland
or stream fill be requested in the future additional compensatory mitigation may be required as described
in 15A NCAC 2H 0506 (h) (6) and (7) If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces the DWQ shall be notified in
writing and a new application for 401 Certification may be required For this approval to be valid
compliance with the conditions listed below is required
Conditions of Certification
1 Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Isolated/Non 404 Jurisdictional Wetland Permit are met No other impacts are
approved including incidental impacts
Type of Impact
Amount Approved nits
Plan Location or Reference
404/401 Wetlands
220 21 [(acres) of 404 /wetland (0 41 acres permanent impact
Application and Public Notice
and 219 80 acres temporary impact of which 69 74 acres are
permanent conversion from forested wetlands to emergent
wetlands)]
Stream
5 220 [(linear feet) of stream (temporary impact) 2 197
Application and Public Notice
linear feet of jurisdictional drainage ditch (permanent
impact) and 7 893 linear feet of,lunsdictional drainage ditch
( temporary impact)]
Sediment and Erosion Control
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2011 0855v2
2 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
a The erosion and sediment control measures for the project must be designed installed
eperoeA and maint -fired in - e- ordaiire & ith the most rerert � era nn of *he Yo-th l'17roh -C
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
st-all be maintained c° all corstr -ction situ borroN zaea and s3.ste p fie (.,poll) prolezts
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 Mining Manual
d The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act
3 No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas
beyond the footprint of the impacts depicted in the 404/401 Permit Application All construction
activities including the design installation operation and maintenance of sediment and erosion
control Best Management Practices shall be performed so that no violations of state water quality
standards statutes or rules occur
4 Protective Fencing - The outside buffer wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer wetland or prior to any land disturbing activities
5 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable If placement of sediment and erosion control devices in wetlands and waters
is unavoidable they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the protect
Continuing Compliance
6 Mr Adam Long and Piedmont Natural Gas Company Inc shall conduct construction activities
in a manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law If the Division 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
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H 0507(d)
Before modifying the Certification the Division shall notify Mr Adam Long and Piedmont
Natural Gas Company Inc the US Army Corps of Engineers and provide public notice in
accordance with 15A NCAC 2H 0503 and provide opportunity for a public hearing in accordance
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PNG Sutton Pipeline
Multi Counties County
2011 0855v2
with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to Mr Adam Long
and Piedmont Natural Gas Company Inc in writing shall be provided to the United States
Army t-orris of Engineers for reference in dnv Permit isweo purtiudni to Section '+04 of Inc Clean
Water Act and shall also become conditions of the 404 Permit for the project
7 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project This General Permit allows stormwater to be discharged during land disturbing
coast- tiction act, " c,, aS C,lr Ula cd bN conditii ns i'1 the perm t If yoiir nriljecr i� covered by thii
permit [applicable to construction projects that disturb one (1) or more acres] full compliance
with permit conditions including the sedimentation control plan self monitoring record keening
and reporting requirements are required A copy of this permit and monitoring report forms may
be found at http / /portal ncdenr ori7 /web /wg /ws /su/construcuon,
Re opener Clause
Mr Adam Long and Piedmont Natural Gas Company Inc and its authorized agents shall
conduct its activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any
other appropriate requirements of State law and federal law Mr Adam Long and Piedmont
Natural Gas Company Inc shall require its contractors (and/or agents) to comply with all of the
terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this
Certification A copy of this Certification shall be included in the construction contract and
available on the job site at all times 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 15A NCAC 2H 0507(d) Before
modifying the certification DWQ shall notify Mr Adam Long and Piedmont Natural Gas
Company Inc 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 Mr Adam Long and Piedmont
Natural Gas Company Inc 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
9 Upon completion of the project the applicant shall complete and return the enclosed
Certification of Completion Form to notify DWQ that all the work included in the 401
Certification has been completed The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality
Also, this approval to proceed with your proposed !impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 Permit
If this Certification is unacceptable to you you have the right to an adjudicatory heanng upon
wntten request within sixty (60) days following receipt of this Certification This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings 6714 Mail Service Center
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PNG Sutton Pipeline
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2011 0855v2
Raleigh N C 27699 6714 If modifications are made to an original Certification, you have the
right to an adjud>catory hearing on the modifications upon written request within sixty (60) days
folio ving rec -i t o -rth2 Certtricat =or U -il -ss Such demands ire rude t, s Ce- fLatio^ shall be
final and binding
This the 13th day of June 2012
DIVISION OF WW PUALITY
e ✓h riics Wakild P E
CW /kah/ym
3844