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Home My WebLink About20191706 Ver 2_Approval Letter_20210219ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director NORTH CAROLINA Environmental Quality February 19, 2021 DWR# 19-1706 V. 2 Mecklenburg County Ms. Kelsey Pace Piedmont Natural Gas 4720 Piedmont Row Dr. Charlotte, NC 28210 Delivered via email to Kelsey.pace@duke-energv.com Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Line 470, Phase II-HDD Project Dear Ms. Pace: You have our approval for the impacts listed below for the purpose described in your application October 26, 2020, submitted to the Division of Water Resources (Division) February 2, 2021, and payment received on February 17, 2021, with subsequent information on February 18, 2021. The Division has determined that the proposed project and impact will comply with water quality requirements covered by the attached Water Quality General Certification Number 4132 and the conditions listed below, provided that you adhere to the certification located at https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting- branch/general and the conditions listed below. This certification is associated with the use of General Permit Number 3 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 following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 0 linear ft. 0 linear ft. Wetland 0 acre 0.191 acre 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 this 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Mooresville Regional Office within 24 hours D E Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources wJ�}/� Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 N11H fH (:A�i(1!.INA � 0O'tore'wml talQ"I 704,663.1699 Additional conditions: Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 2. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. [15A NCAC 02H .0506 (b)(1) andl5A NCAC 02H .502 (c)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. Stormwater 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. [15A NCAC 02B .0203] Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. 4. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. Previous impacts of 12.713 acres of wetland and 1,916 linear feet of stream have been already mitigated for. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]: Compensatory Mitigation River and Sub -basin Required Number Stream 0 (feet) Catawba (03050103) 1:1 ratio Wetlands 0.191 (acres) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 5. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this Certification. [15A NCAC 02H.0506(b)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 One (1) copy of the petition must also be served on DEQ as follows: Mr. Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division 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. Sincerely, EA DocuSigned by: �4.Gw H P441ft for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Army Corps of Engineers, Charlotte, email Danielle Sank, Kleinfelder Inc., DSank(a)kleinfelder.com Kelly Williams, DMS DWR 401 & Buffer Permitting Branch file MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date 19-1706 V. 2 NORTH CAROLINA-DIVISON OF WATER RESOURCES 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2H .0500, Piedmont Natural Gas has permission as outlined below to impact 0.191 acre of wetland in order to proceed with the distribution facility in Mecklenburg County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS) LOCATION: PNG Line 470 Transmission CATS HDD COUNTY: Mecklenburg BASIN/SUBBASIN Catawba (03050101) Impacts: 0.191 acres wetland As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the nearest foot and acreage requirements must be rounded to one -quarter acre increments according to 15A NCAC 2R .0503(b). Mitigation: 0.191 acres total of wetland required (1:1) Mitigation: One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the DMS per 15A NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE DMS. Signature Date ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES 1652 Mail Service Center RALEIGH, N.C. 27669-1652