HomeMy WebLinkAbout20130802 Ver 1_Approval Letter_20131205NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John, E. Skvarla, III
Governor Director Secretary
December 5, 2013
DWR # 13 -0802
Durham and Orange Counties
Public Service Company of North Carolina
Attn: George Ratchford
P.O. Box 1398
Gastonia,, NC 28056
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE' PER THE JORDAN LAKE WATER SUPPLY WATERSHED RIPARIAN
BUFFER PROTECTION RULES (15A NCAC 02B.0267) WITH ADDITIONAL CONDITIONS
Duke University Natural Gas Pipeline Extension
Dear Mr. Ratchford:
You have our approval for the impacts listed below for the purpose' described in your- revised
application dated December 2, 2013 and received by the Division of Water Resources (Division) on December
4, 2013. These impacts are covered by the attached Water Quality General Certification Number 3884 and the
conditions listed below. This certification is associated with the use of'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. This 401 Certification and
Buffer Authorization "replace the 401 Certification and Buffer Authorization issued to you on August 15,
2013:
This approval requires you to follow the conditions listed in, the enclosed certification and the following
additional conditions:
1. The'following ,impacts are hereby approved provided "that all of °the other specific and general conditions of
the Certification, General Permit and /or Buffer Rules are met. No other impacts are.approved, including
incidental impacts.
N�c e Carolina
NJ 7A
North Carolina Division of Water- Resoufces 1628 Maill Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet www ncwatefouality or4 Location- 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunity /Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
PSNC Duke'University
DWR# 13 -0802
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0 (acres)
0.004 (acres)
Site W4
Wetland
0.026 (acres)
0.057 (acres)
Site W12
Wetland
0 (acres)
0.015 (acres)
Site WE
Stream
0 (linear feet)
7.6 (linear feet)
Site A
Stream
0 (linear feet)
3.8 (linear feet)
Site C
Stream
0 (linear feet)
11.04 (linear feet)
Site CC
Stream
0 (linear feet)
8.75 (linear feet)
Site F
Stream
0 (linear feet)
117.24 (linear feet)
Site F1'& F2
Stream
0 (linear feet)
48.15 (linear feet)
Site M1
Stream
0 (linear feet)
15.22 (linear feet)
Site Y
Buffers —Zone 1
68 (square feet)
0 (square feet)
Site C
Buffers — Zone 2
0 (square feet)
59 (square feet)
Site C
Buffers —.Zone 1
0 (square feet)
1140 ,(square feet)
Site CC
Buffers — Zone 2
0 (square feet)
637 (square feet)
Site CC
Buffers — Zone 1
0 (square feet)
646 (square feet)
Site F
Buffers— Zone 2
0 (square feet)
446 (square feet)
Site F
Buffers — Zone 1
639 (square feet)
1579 (square feet)
Site F1 & F2
Buffers — Zone 2
0 (square feet)
618 ("square feet)
Site F1 & F2
Buffers —Zone 1,
617 (square feet)
2053 (square feet)'
PSNC Duke University
DWR# 13 -0802
401 AND BUFFER APPROVAL
Page 3 of 5
Site M1
Buffers — Zone 2
0 (square feet)
1744 (square feet)
Site M1
Buffers —Zone 1
603 (square feet)
611 (square feet)
Site 0
Buffers — Zone 2
385 (square feet)
524 (square feet)
Site 0
2. No Waste, Spoil, Solids, or Fill of.Any Kind
N'o 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 Pre - Construction Notification. 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.
3. 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 to ensure compliance with 15 NCAC 02H .0500.
4. This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as -part of the Certification and Buffer Authorization. If you
change your project, you must notify,the Division and you may be required to submit a new application
package with the appropriate fee. If'the property is sold, the new owner must be given a copy, of this
approval letter and General Certification and is responsible for complying with all conditions.
5. This approval and its conditions are, final and binding unless contested.
This Certification and Buffer Authorization 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
(hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by
calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any °applicable OAH filing fee is
received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,
excluding official state holidays).
PSNC Duke University
r
DWR# 13 -0802
401 AND BUFFER APPROVAL
Page 4 of 5
The petition may befaxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following_ the
faxed transmission.
Mailing address forlhe OAH:
If sending,by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx).
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
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,
Please send one (1) copy of the petition to DWR:
If sending by First Class, Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If,sending via delivery service,
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and the Jordan
Riparian Buffer Rules as described in 15A NCAC 02B .0267. Please contact Cherri Smith at 919 - 791 =4251 or
cherri.smith @ncderir.gov if you have any questions or concerns.
Sin c rely,
i
onaZ,-.Supervisor
Danny Smi
Water Quality Regional Operations Section
Enclosures: GC 3884
PSNC Duke University
DWR# 13 -0802
401 AND BUFFER APPROVAL
'Page 5 of S
cc: U.5. Army Corps of Engineers; Raleigh,'Regulatory Field Office;, 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Walter Cole; S &ME; 3201 Spring Forest Road; Raleigh, NC 27616