HomeMy WebLinkAbout20110855 Ver 5_Approval Letter_20130326Noah Carolina L:'epartment of Environment mid Natural Resourcas
Pat McCrory
Governor
Piedmont Natural Gas Company, Inc.
Attn: Mr. Adam Long
4720 Piedmont Row Drive
Charlotte NC 28210
Division o; UVatea Quality
Charles Wakild, P. E. john E. Skvaila, III
Director Secretary
March 26, 2013
DWQ #:11 -0855 v5
Anson, Richmond, Scotland,
Robeson, Bladen, Columbus,
Brunswick, New Hanover Counties
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions — Modification
PNG Sutton Pipeline Project
USACE Action ID. No. SAW 2010 -01309
Dear Mr. Long:
Attached hereto is a copy of Certification No. 3911 issued to Mr. Adam Long and Piedmont
Natural Gas Company, Inc., dated March 26, 2013. This certification replaces the previous one
issued on February 1, 2013. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) NPDES Stormwater Permit
(including NCG020000) Solid Waste, Sediment and Erosion Control, Dam Safety, Non - discharge
and Water Supply Watershed regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings. A
petition form may be obtained from the Office of Administrative Hearings at
http: / /www.ncoah.com/ or by calling (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy along with any applicable filing fee is received in the Office of Administrative Hearings
during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding
official state holidays).
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PNG Sutton Pipeline,
DWQ # 11 -0855 v5
Page 2 of 6
March 26, 2013
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100 provided
the original and one copy of the petition along with any applicable filing fee is received by the
Office of Administrative Hearings within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition Is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H.0500. Contact Chad Coburn at 910 - 796 -7215 or me at 919 - 807 -6360 if you
have any questions or concerns.
Sincerely,
r
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: Jeff Garnett - EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Emily Hughes - U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Chad Coburn - DWQ Wilmington Regional Office
Crystal Fox - S &ME, Inc:., 9751 Southern Pine Boulevard, Charlotte, NC 28273
File Copy
Filename: 110855Ver5PNGSuttonPiplelineProject (Mu ltiCounty)401_IC.docx
PNG Sutton Pipeline
DWQ # 11 -0855 v5
Page 3 of 6
March 26, 2013
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
(Division) Regulations in 15 NCAC 02H.0500, to Mr. Adam Long and Piedmont Natural Gas
Company, Inc., who have authorization to place fill within or otherwise impact 217.61 acres of
404 /wetland (0.41 acres permanent impact and 217.20 acres temporary impact of which 69.08
acres are permanent conversion from forested wetlands to emergent wetlands), 5,051 linear feet
of stream (temporary impact), 2,218 linear feet of jurisdictional drainage ditch (permanent
impact), and 7,838 linear feet of jurisdictional drainage ditch (temporary impact), as described
within your application dated February 12, 2013 and received by the Division on March 4, 2013.
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 for the purpose and design that you described in your application and as
described in the Public Notice. If you change your project, you must notify us and you may be
required to send us 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
conditions. Any new owner must notify the Division and request the Certification be issued in
their name. If total fills for this project (now or in the future) exceed one acre of wetland or
150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC
02H .0506 (h). This approval requires you to follow the conditions listed in the certification
below.
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 Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
404/401
217.61 [(acres) of 404 /wetland (0.41
Application and Public
Wetlands
acres permanent impact and 217.20
Notice
acres temporary impact of which 69.08
acres are permanent conversion from
forested wetlands to emergent
wetlands)]
PNG Sutton Pipeline ,
DWQ # 11 -0855 v5
Page 4 of 6
March 26, 2013
Stream 5,051 [(linear feet) of stream Application and Public
(temporary impact), 2,218 linear feet of Notice
jurisdictional drainage ditch (permanent
impact) and 7,838 linear feet of
jurisdictional drainage ditch (temporary
impact)]
2. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sedimentation and erosion control designs must comply with the
requirements set forth in 15A NCAC 04B.0124, Design Standards in Sensitive
Watersheds.
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 /401Permit 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. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of
this permit.
4. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
PNG Sutton Pipeline
DWQ# 11 -0855 v5
Page 5 of 6
March 26, 2013
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Land Resources (DLR) or locally delegated program
has released the specific area within the project.
5. Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained.
Excessive silt and sediment loads can have numerous detrimental effects on aquatic
resources including destruction of spawning habitat, suffocation of eggs, and clogging of
gills of aquatic species.
6. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at
http://Portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w.
7. 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 water prior to any land disturbing activities.
8. 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 02H .0507(d). Before modifying the Certification, the Division
shall notify Mr. Adam Long and Piedmont Natural Gas Company, Inc. and the U.S. Army Corps
of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised
conditions shall be provided to Mr. Adam Long and Piedmont Natural Gas Company, Inc. in
PNG Sutton Pipeline „
DWQ # 11 -0855 v5
Page 6 of 6
March 26, 2013
writing, shall be provided to the U.S. 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. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http: / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms).
10. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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 or CAMA Permit.
This the 26th day of March 2013
DIVISION OF WATER QUALITY
arles WakiId, P.E.
Director
CW /kah
3911