The URL can be used to link to this page

Home My WebLink About20110855 Ver 2_Approval Letter_20120613it North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Ewes Pardue Governor Mr Adam Long Piedmont Natural Gas Company Inc 4720 Piedmont Row Drive Charlotte NC 28210 Charles'livannd P E Director June 13 2012 Dee Freeman Secretary Re PNG Sutton Pipeline Project Anson Richmond Scotland Robeson Bladen Columbus Brunswick and New Hanover Counties DWQ Project # 2011 0855v2 USACE Action ID No SAW 2010 01309 Yadkin Lumber and Cape Fear River Basins Multiple Surface Waters (see file) APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Long Attached hereto is a copy of Certification No 3911 issued to Mr Adam Long and Piedmont Natural Gas Company Inc dated June 13 2012 This Certification replaces the Certification issued on April 5, 2012 In addition you should get any other federal state or local permits before you go ahead with your project including (but not limited to) Solid Waste Sediment and Erosion Control Stormwater Non discharge and Water Supply Watershed regulations If we can be of further assistance do not hesitate to contact us SI erely Charles Wakild P E CW/kah/ym Attachments Certificate of Completion cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303 Emily Hughes — Wilmington District USACOE Chad Coburn DWQ Wilmington Regional Office File Copy Crystal Fox S &ME Inc 9751 Southern Pine Boulevard Charlotte NC 28273 DLR Wilmington Regional Office Filename 110855Ver2PNGSuttonPrplelmeProject( NewHanoverAndOtherCount,es)401_IC 1617 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 91907 63001 FAX 919 807 6492 1 Customer Service 1 877 623 6748 Internet www ncwaterauality orq One An Equal Opportunity 1 Affirmative Action Employer NorthCarohna 2 PNG Sutton Pipeline Multi Counties County 2011 0855v2 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION IS iStiuea in conformity with the requirements of Section 401 Pohiic 1 iws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Reg,.'ations in 15 NCAC 2P Sect on 0500 to "1r Adari Long and Piedn•ont Na+i.ral Gas Con-par v Inc who have permission to fill or otherwise impact 220 21 acres of 404 /wetland (0 41 acres permanent impact and 219 80 acres temporary impact of which 69 74 acres are permanent conversion from forested wetlands to emergent wetlands) 5 220 linear feet of stream (temporary impact) 2 197 linear feet of Jurisdictional drainage ditch (permanent impact) and 7 893 linear feet of Jurisdictional drainage ditch (temporary impact) to constnuA n dohiral gas pipeline located *ithiri Ansor-t Rico m( rid S,.i tland Pobe�.oi, Rladen Columbus Brunswick and New Hanover Counties North Carolina, pursuant to an application dated May 22 2012 and received by the DWQ on May 23 2012 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 only valid for the purpose and design submitted in the application materials and as described in the Public Notice If the project is changed prior to notification a new application for a new Certification is required 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 of this Certification Any new owner must notify the Division and request the Certification be issued in their name Should wetland or stream fill be requested in the future additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces the DWQ shall be notified in writing and a new application for 401 Certification may be required For this approval to be valid compliance with the conditions listed below is required 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 Isolated/Non 404 Jurisdictional Wetland Permit are met No other impacts are approved including incidental impacts Type of Impact Amount Approved nits Plan Location or Reference 404/401 Wetlands 220 21 [(acres) of 404 /wetland (0 41 acres permanent impact Application and Public Notice and 219 80 acres temporary impact of which 69 74 acres are permanent conversion from forested wetlands to emergent wetlands)] Stream 5 220 [(linear feet) of stream (temporary impact) 2 197 Application and Public Notice linear feet of jurisdictional drainage ditch (permanent impact) and 7 893 linear feet of,lunsdictional drainage ditch ( temporary impact)] Sediment and Erosion Control 3 PNG Sutton Pipeline Multi Counties County 2011 0855v2 2 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 in order to protect surface waters standards a The erosion and sediment control measures for the project must be designed installed eperoeA and maint -fired in - e- ordaiire & ith the most rerert � era nn of *he Yo-th l'17roh -C Sediment and Erosion Control Planning and Design Manual b The 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 st-all be maintained c° all corstr -ction situ borroN zaea and s3.ste p fie (.,poll) prolezts including contractor owned or leased borrow pits associated with the project c 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 d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 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 404/401 Permit 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 4 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 prior to any land disturbing activities 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 six months of the date that the Division of Land Resources has released the protect Continuing Compliance 6 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 2H 0507(d) Before modifying the Certification the Division shall notify Mr Adam Long and Piedmont Natural Gas Company Inc the US Army Corps of Engineers and provide public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for a public hearing in accordance 4 PNG Sutton Pipeline Multi Counties County 2011 0855v2 with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to Mr Adam Long and Piedmont Natural Gas Company Inc in writing shall be provided to the United States Army t-orris of Engineers for reference in dnv Permit isweo purtiudni to Section '+04 of Inc Clean Water Act and shall also become conditions of the 404 Permit for the project 7 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project This General Permit allows stormwater to be discharged during land disturbing coast- tiction act, " c,, aS C,lr Ula cd bN conditii ns i'1 the perm t If yoiir nriljecr i� covered by thii permit [applicable to construction projects that disturb one (1) or more acres] full compliance with permit conditions including the sedimentation control plan self monitoring record keening and reporting requirements are required A copy of this permit and monitoring report forms may be found at http / /portal ncdenr ori7 /web /wg /ws /su/construcuon, Re opener Clause Mr Adam Long and Piedmont Natural Gas Company Inc and its authorized agents shall conduct its 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 Mr Adam Long and Piedmont Natural Gas Company Inc shall require its contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification A copy of this Certification shall be included in the construction contract and available on the job site at all times 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 15A NCAC 2H 0507(d) Before modifying the certification DWQ shall notify Mr Adam Long and Piedmont Natural Gas Company Inc 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 Mr Adam Long and Piedmont Natural Gas Company Inc 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 9 Upon completion of the project the applicant shall complete and return the enclosed Certification of Completion Form to notify DWQ that all the work included in the 401 Certification has been completed The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality Also, 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 Permit If this Certification is unacceptable to you you have the right to an adjudicatory heanng upon wntten request within sixty (60) days following receipt of this Certification This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings 6714 Mail Service Center 5 PNG Sutton Pipeline Multi Counties County 2011 0855v2 Raleigh N C 27699 6714 If modifications are made to an original Certification, you have the right to an adjud>catory hearing on the modifications upon written request within sixty (60) days folio ving rec -i t o -rth2 Certtricat =or U -il -ss Such demands ire rude t, s Ce- fLatio^ shall be final and binding This the 13th day of June 2012 DIVISION OF WW PUALITY e ✓h riics Wakild P E CW /kah/ym 3844