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HomeMy WebLinkAbout20100677 Ver 1_Approval Letter_201008244 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Mr. Jeff Richards Colonial Pipeline Company 5251 Highway 153, Ste. C, #365 Hixon, TN 37343 Subject: Stream Cleanup/Stabilization, (Prairie Packaging) APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Richards: Dee Freeman Secretary August 24, 2010 DWQ# 10-0677 Mecklenburg County You have our approval, in accordance with the general certification and those conditions listed below, to impact 70 linear feet (If) of unnamed stream to Cane Creek in order to conduct the work in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on August 18, 2010. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Numbers 3687 and 3821, which can be viewed on our web site at http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use Nationwide Permit Numbers 3 an 18 once they are 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 Certifications will expire when the associated 404 permits expire 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: Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the installation, water flow shall be returned to its natural course. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed benches) above and below locations of each culvert. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. 2. 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. Mooresville Regional Office One Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 ?aturallr? Internet: http://portal.ncdenr.org/web/wq An Fniial (')nnnrtiinity/Affirmative Artinn Frnn1nvPr-r)n% Rer:vrled/10% Post Consumer Pager 3. Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 4. 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. 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 two months of the date the Division of Land Resources has released the project. 6. Continuing Compliance. The applicant (Colonial Pipeline) 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 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.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, --7( for Coleen H. Sullins cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit MRO, Land Quality