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HomeMy WebLinkAbout20171500 Ver 1_Approval Letter_20180105Water Resources Environmental Quality January 5, 2018 Dominion Energy North Carolina Attn: Mr. John A. Mulligan 701 East Cary Street Richmond, VA 23219 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director D W R # 17-1500 BEAUFORT/MARTIN Counties Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS VOICE Of AMERICA Dear Mr. Mulligan: You have our approval for the impacts listed below for the purpose described in your application dated November 9, 2017 and received by the Division of Water Resources (Division) on November 21, 2017 with subsequent information received on December 7, 2017. These impacts are covered by the attached Water Quality General Certification Number 4133 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 approval requires you to follow the conditions listed in the enclosed certification(s) or general permit 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 are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Type of Impact Amount Approved (units) Permanent Amount Approved Plan location/ (units) Reference Temporary Attached Wetlands Sheet Number(s): 31, 33, 37, 42, 44, 49, 50, 54, 58, 64, W1 (Timber Mat crossings) 0 (acres) 22.3 (acres) 70, 78, 80, 82, 83, 87, 88, 91, 92, 94, 95, 103, 108, 110, 113, 120, 122, 125, 128, 130, 131, 141, State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 Dominion Energy of North Carolina DWR# 17-1500 401 APPROVAL Page 2 of 4 2. 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. 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. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4133. [15A NCAC 02B .0507(c)] 4. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5] S. 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. 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 147, 148, 150, 151, 154, 156, 170, 172, 175, 176, 177, 179, 185, 187, 189, 192, 193, 195, 200, 204, 211, 218, 222, and 223 31, 37, 64, 79, 82, 87, 94, 95, 96, 97, 103, 108, 110, 111, 112, 113, 114, 123, 124, 129, 130, 131, W2 (Permanent 0 (acres) 0 (acres) 143 - 149, 152, 154, Conversion) "0.004 acres" 156, 173, 174, 176, 180, 181, 185, 186, 190, 191, 192, 195, 197, 198, 201, 202, 205, 210, 211 and 218 Stream Sheet Number(s): 64, 78, 95, 101, 103, 117, 119, 132, 133, S1 (Access Crossings) 0 (linear feet) 438.74 (linear feet) 134, 135, 136, 137, 138, 139, 140, 148, 152, 185, 185, 188, 204,206 2. 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. 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. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4133. [15A NCAC 02B .0507(c)] 4. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5] S. 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. 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 Dominion Energy of North Carolina DWR# 17-1500 401 APPROVAL Page 3 of 4 must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. (15A NCAC 02B .0507(d)(2)] These Certifications 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:OOam and S:OOpm, excluding official state holidays). The petition may be faxed 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 for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrauah@ncdenr.gov if you have any questions or concerns. Sincerely, n David May, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4133 Certification of Completion Dominion Energy of North Carolina DWR# 17-1500 401 APPROVAL Page 4 of 4 cc: Gary Beecher, USACE Washington Regulatory Field Office (via email) Samir Dumpor, DEMLR WaRO DWR WaRO 401 File Laserfiche Thad Loucks, Angler Environmental, a RES Company (via email: tlouchs@res.us)