20081410 Ver 2_Approval Letter_20091109

A Q=
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Mara Sikora
Piedmont Natural Gas
4720 Piedmont Row Dr.
Charlotte, NC 28210
Subject: Dixie River Road System, Natural Gas Line
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Sikora:
November 9, 2009
DWQ# 08-1410V2
Mecklenburg County
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.043 acre of wetland and 245 linear feet (If) (85 permanent) of unnamed stream to Beaver
Dam Creek in order to construct the gas line in Mecklenburg County, as described in your application
received by the Division of Water Quality (DWQ) on October 27, 2009. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification
Number 3699, which can be viewed on our web site at http://h2o.enr.state. nc. us/ncwetlands. The
General Certification allows you to use 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.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. 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.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748
Internet: www.ncwaterguality.org
NorthCarolina
naturally
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2. Reimbursement to the NC Ecosystem Enhancement Program (EEP) shall be provided for the
impacts within the Beaver Dam Restoration/Mitigation site. No impacts shall occur to this site
until documentation has been provided to DWQ that the EEP is in agreement and has been
compensated for this loss. Please provide documentation within 90 days of issuance of this
approval.
3. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained (or restored). Installed riprap shall be embedded in the channel.
4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
5. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be
placed in the streambed, unless approved by the DWQ.
6. 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 Preconstruction Notification application. All construction
activities associated with this project shall meet, and/or exceed, those requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual and shall be
conducted so that no violations of state water quality standards, statutes, or rules occur.
7. 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 two months of the date the
Division of Land Resources has released the project.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality. Photos shall be
submitted of the completed impacts.
9. Continuing Compliance. The applicant (Peidmont Natural Gas) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
state and federal law. 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 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ
shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 21-1.0503, and provide opportunity for public hearing in accordance with 15A NCAC
21-1.0504. Any new or revised conditions shall be provided to the applicant 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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
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for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Catherine Luckenbaugh, S&ME