HomeMy WebLinkAbout20110855 Ver 3_Approval Letter_20120918�l r
WDENK
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Adam Long
Piedmont Natural Gas Company, Inc.
4720 Piedmont Row Drive
Charlotte NC 28210
Charles Wakild, P. E.
Director
September 18, 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 - MODIFICATION
Dear Mr. Long:
Attached hereto is a copy of Certification No. 3911 issued to Mr. Adam Long and Piedmont Natural Gas
Company, Inc., dated September 18, 2012. This Certification replaces the Certification issued on
June 13, 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.
You can contest this Certification as provided in Articles 3 and 4 of G.S. 150B by filing a written petition
for an administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60) calendar
days of receipt of this Certification. 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 8:00am and 5:00pm, 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, Fax: (919) 431 -3100.
A copy of the petition must also be served on DENR as follows: Mr. William Cary, General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) calendar days following receipt of the modified
Certification.
1617 Mad Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX 919 -807 -64921 Customer Service 1- 877 -623 -6748
Internet www ncwaterouality oro
An Equal Opportunity 1 Affirmati3e Action Employer
NorthCarolina
Natvrallff
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PNG Sutton Pipeline
Multi- Counties County
2011- 0855v2 MOD
Unless a petition is filed as described above, this Certification shall be final and binding.
If we can be of further assistance, please contact Ian McMillan at 919 - 807 -6364 or Karen Higgins at 919-
807 -6360.
Sincerely,
harles Wakild, P.E.
CW /kah/�m
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 110855Ver2PNGSuttonPiplelmeProject( NeWHanoverAndOtherCounties )401_1C_MOD
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2011- 0855v2 MOD
NORTH CAROLINA 401 WATER QUALITY,CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Adam Long and Piedmont Natural Gas Company, Inc.,
who have permission to fill or otherwise impact 216.03 acres of 404 /wetland (0.41 acres permanent impact
and 219.80 acres temporary impact of which 68.74 acres are permanent conversion from forested wetlands
to emergent wetlands), 5,051 linear feet of stream (temporary impact), 2,155 linear feet of jurisdictional
drainage ditch (permanent impact), and 7,678 linear feet of jurisdictional drainage ditch (temporary impact)
to construct a natural gas pipeline located within Anson, Richmond, Scotland, Robeson, Bladen, 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:
i . 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 Units
Plan Location or Reference
404/401 Wetlands
216.03 [(acres) of 404 /wetland (0.41 acres permanent impact
Application and Public Notice
and 219.80 acres temporary impact of which 68.74 acres are
permanent conversion from forested wetlands to emergent
wetlands)]
Stream
5,051 [(linear feet) of stream (temporary impact), 2,155
Application and Public Notice
linear feet of jurisdictional drainage ditch (permanent
impact) and 7,678 linear feet of jurisdictional drainage ditch
( temporary impact)]
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Sediment and Erosion Control:
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,
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 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 project;
Continuing Compliance:
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
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
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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;
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 (NCGO 10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
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 keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://portal.ncdenr.or /web /wq/ws/su/construction;
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 hearing upon
written 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,
Raleigh, N.C. 27699 -6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on the modifications upon written request within sixty (60) days
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following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.
This the 18th day of September 2012
DIVISION OF WATER QUALITY
<
Charles Wakild, P.E.
C W /kah/ym
3911