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HomeMy WebLinkAbout20120401 Ver 1_Approval Letter_20120611A� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary June 11 2012 Brunswick County DWQ Project # 12 0401 Piedmont Natural Gas Ms Mara Sikora P O Box 33068 Charlotte NC 28233 Subject Property Piedmont Natural Gas Line 150 Approval of 401 Water Quality Certification with Additional Conditions Dear Ms Sikora You have our approval in accordance with the attached conditions to permanently impact 2 42 acres of 404 wetlands (conversion only) to temporarily impact 179 acres of 404 wetlands and to temporarily impact 85 linear feet of stream to install a new 10 inch natural gas transmission line as described within your application received by DWQ on April 20 2012 After reviewing your application it has been determined that the impacts are covered by General Water Quality Certification Number 3884 (GC3884) This Certification can be found on line at http //portal ncdenr ore/ web /wq /swp /ws /401 /certsandpeimtts The Certification(s) allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USACE) In addition you should obtain or otherwise comply with any other required federal state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control Non discharge and stormwater regulations 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 or CAMA Permit This approval is for the purpose and design that you described in your application If you change your project you must notify us and you may be required to send us a new application If the property is sold the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below 1617 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 807 63001 FAX 919 - 807 64921 Customer Service 1 877 -623 6748 Internet www ncwaterouality org An Equal Opportunity 1 Affirmative Action Employer NorthCarollna Aiatural1w 2 PNG Line 150 Brunswick County 2012 0401 The Additional Conditions of the Certification are The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are approved including incidental impacts Impact Amount Approved (Units) Plan Location or Reference 404 Wetlands (Permanent conversion only) 2 42 (acres) Page 3 of 12 in PCN 404 Wetlands (Temporary) 179 (acres) Page 3 of 12 in PCN Perennial Stream 85 (linear feet) Page 3 of 12 in PCN 2 No Waste Spoil Solids or Fill of Any Kind 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 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 3 No Sediment & Erosion Control Measures w/n Wetlands or Waters 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 project 4 Construction Stormwater Permit NCG010000 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 (NCG010000) administered by DWQ is automatically issued to the project This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit If your project is covered by this 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 keeping and reporting requirements are required A copy of this permit and monitoring report forms may be found at http //portal ncdenr org/web/wq/ws/su/construction 5 Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http / /www ncdot ore/doh/operationsBMP manual /downloadBMP Manual pdfl such as sandbags rock berms cofferdams and other diversion structures shall be used to prevent excavation in flowing water 3 PNG Lme 150 Brunswick County 2012 0401 6 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 the attached Certificate of Completion to the 401/Wetlands Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 7 Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B 0200 Appropriate sediment and erosion control practices must be used to meet this standard Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts) 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 which 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 Ian McMillan in the Central Office in Raleigh at 919 807 6300 or Chad Coburn in the DWQ Wilmington Regional Office at 910 796 7215 Sincerely 1 1—! h es Wakild PE Director Division of Water Quality Enclosures GC 3884 Certificate of Completion cc Paul Masten — S &ME Inc 3006 Hall Waters Drive Suite 100 Wilmington NC 28405 Emily Hughes — USACE Wilmington Field Office Ian McMillan — DWQ 401 Oversight and Express Unit WiRO Water Quality Certification No 3884 Water Quality Certification Number 3884 is issued in conformity with the requirements of Section 401 Public Laws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 02H 0500 and 15A NCAC 02B 0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12 and 47) of the Corps of Engineers regulations including any fill activity for utility line backfill and bedding and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B 0200 The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301 302 303 306 and 307 of the Public Laws 92 500 and 95 217 if conducted in accordance with the conditions hereinafter set forth Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the Division') a) Permanent impacts to any wetlands and /or waters including streams or b) Any stream relocation or c) Impacts to any wetlands and /or waters if the maintenance corridor in a wetland or at a stream crossing is greater than 15 feet wide (except activities located in areas with Riparian Area Protection Rules when the maintenance corridor at stream crossing must be 10 feet wide or less) Gas pipelines may have a maintenance corridor wider than fifteen feet if mitigation is provided for these additional wetland fills d) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H 0500) Isolated Wetland Rules (15A NCAC 02H 1300) DWQ Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 02B 0200) or e) Any impacts to streams and/or buffers in the Neuse Tar Pamlico or Catawba River Basins or in the Randleman Jordan or Goose Creek Watersheds (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless the activities are listed as EXEMPT from these rules or a Buffer Authorization Certificate is issued through N C Division of Coastal Management (DCM) delegation for ALLOWABLE activities In accordance with North Carolina General Statute 143 215 3D(e) written approval for a 401 Water Quality General Certification must include the appropriate fee If a protect also requires a CAMA Permit then one payment to both agencies shall be submitted and will be the higher of the two fees Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below If any of these Conditions cannot be met then written approval from the Division is required Water Quality Certification No 3884 Water Quality Certification No 3884 Conditions of Certification 1 No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification 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 Pre Construction Notification as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization including incidental impacts 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 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit 2 Standard Erosion and Sediment Control Practices 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 and if applicable comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site a 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 shall be maintained on all construction sites borrow sites and waste pile (spoil) projects including contractor owned or leased borrow pits associated with the project b 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 c Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971 d Sufficient materials required for stabilization and /or repair of erosion control measures and stormwater routing and treatment shall be on site at all times e If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs) SA WS I WS II High Quality (HQW) or Outstanding Resource (ORW) waters then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04B 0124 Design Standards in Sensitive Watersheds 3 No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters Exceptions to this condition require application submittal to and written approval by the Division If placement of sediment and erosion control devices in wetlands and waters is unavoidable then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium of wetlands stream beds or banks adjacent to or upstream and downstream of the above structures All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project Water Quality Certification No 3884 2 Water Quality Certification No 3884 4 Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land This Permit allows stormwater to be discharged during land d st..rbmg construct on act v ties as s} pulated r the conditions of the perm t If yoir project is covered by this permit full compliance with permit conditions including the erosion & sedimentation control plan inspections and maintenance self monitoring record keeping and reporting requirements is required A copy of the general permit (NCG010000) inspection log sheets and other information may be found at http //portal ncdenr orq /web /wq /ws /su /npdessw#tab w The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit 5 Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i a sea turtle nesting fish spawning or bird nesting) then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC) US Fish and Wildlife Service (USFWS) NC Division of Marine Fisheries (DMF) or National Marine Fisheries Service (NMFS) to lessen impacts on trout anadromous fish larval /post larval fishes and crustaceans or other aquatic species of concern shall be implemented Exceptions to this condition require written approval by the resource agency responsible for the given moratorium Work within the twenty five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC USFWS NMFS and /or DMF personnel 6 Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual or the NC DOT Construction and Maintenance Activities Manual such as sandbags rock berms cofferdams and other diversion structures shall be used to minimize excavation in flowing water Exceptions to this condition require application submittal to and written approval by the Division 7 Riparian Area Protection (Buffer) Rule Activities located in the protected riparian areas (whether jurisdictional wetlands or not) within the Neuse Tar Pamlico or Catawba River Basins or in the Randleman Jordan or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to uses identified within and constructed in accordance with 15A NCAC 02B 0233 0259 0243 0250 0267 and 0605 and shall be located designed constructed and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices All buffer rule requirements including diffuse flow requirements must be met Water Quality Certification No 3884 3 Water Quality Certification No 3884 8 Compensatory Mitigation In accordance with 15A NCAC 02H 0506 (h) compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and /or equal to or g eater thar ore (1) acre of wetlands For linear public transportation projects impacts equal to or exceeding 150 linear feet per stream shall require mitigation Buffer mitigation may be required far any project with Buffer Rules in effect at the time of application for activities classified as Allowable with Mitigation or Prohibited within the Table of Uses A determination of buffer wetland and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and /or Regional General Permit Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidehnes (April 2003) or its subsequent updates Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols The mitigation plan must be implemented and /or constructed before any impacts occur on site Alternatively the Division will accept payment into an in lieu fee program or a mitigation bank In these cases proof of payment shall be provided to the Division before any impacts occur on site Relocated stream designs should include the same dimensions patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable) to the maximum extent practical The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized Vegetation used for bank stabilization shall be limited to native woody species and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical A transitional phase incorporating appropriate erosion control matting materials and seedling establishment is allowable however matting that incorporates plastic mesh and /or plastic twine shall not be used in wetlands riparian buffers or floodplains as recommended by the North Carolina Sediment and Erosion Control Manual Rip rap A Jacks concrete gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream however the applicant must provide written justification and any calculations used to determine the extent of rip rap coverage Please note that if the stream relocation is conducted as a stream restoration as defined in the US Army Corps of Engineers Wilmington District April 2003 Stream Mitigation Guidelines (or its subsequent updates) the restored length may be used as compensatory mitigation for the impacts resulting from the relocation 10 For sewer lines when the construction corridor is parallel to a stream then the edge of the construction corridor shall not be closer than 10 feet from top of bank For streams classified as WS (except WS IV or WS V) B SA ORW HQW or SB from normal high water (or tide elevation) and wetlands the edge of the construction corridor shall not be closer than 50 feet to a stream or 100 feet to private or public water supply sources or waters classified as WS I waters or Class I or Class II impounded reservoirs used as a source of drinking water in accordance with 15A NCAC 02T 0305(f) Utility lines within the Riparian Buffers shall be installed in accordance with the Table of uses in the most recent vernsion of the appropriate buffer rules Utility lines shall not cross a stream channel at other than a near perpendicular direction (i e stream channel crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank) 11 Any wastewater line that crosses any stream shall be installed in accordance with the most recent version of the Gravity Sewer minimum Design Criteria or the most recent version of Water Quality Certification No 3884 4 Water Quality Certification No 3884 the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Main published on the Division of Water Quality s website Exceptions to this condition require application submittal to and written approval by the Division 12 If corcrete is 4sed durirg the corstruction then all necessary rreasu es shall be to-ken to prevent direct contact between uncured or curing concrete and waters of the state Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/ fish kills 13 Any rip rap required for proper culvert placement stream stabilization or restoration of temporarily disturbed areas shall be restricted to the the area directly impacted by approved construction activity All rip rap shall be buried and /or keyed in such that the original stream elevation and streambank contours are restored and maintained Placement of rip rap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area 14 Annual native species suitable for wet locations shall be planted and established within jurisdictional wetlands for sod and erosion control Non native perennials such as fescue are prohibited 15 A one time application of fertilizer to re establish vegetation is allowed in disturbed areas including riparian buffers but is restricted to no closer than 10 feet from top of bank of streams Any fertilizer application must comply with all other Federal State and Local regulations 16 The construction corridor (including access roads sediment and erosion control measures and stockpiling of materials) is limited to 40 feet (12 2 meters) in width in wetlands and across stream channels and must be minimized to the maximum extent practicable 17 Permanent maintained access corridors shall be restricted to the minimum width practicable and shall not exceed 15 feet in width except at manhole locations A 15 foot by 15 foot perpendicular vehicle turnaround must be spaced at least 500 feet (152 4 meters) apart 18 An anti seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet (45 7 meters) up the gradient until the utility exits the wetland for buried utility lines Anti seep collars may be constructed with class B concrete compacted clay PVC pipe or metal collars Wetland crossings that are directionally drilled and perpendicular wetland crossings that are open cut and less than 150 feet (45 7 meters) long do not require anti seep collars The compacted clay shall have a specific infiltration of 1 X 10 5 cm /sec or less A section and plan view diagram is attached for the anti seep collars The following specifications shall apply to class B concrete a) Minimum cement content sacks per cubic yard with rounded course aggregate 5 0 b) Minimum cement content sacks per cubic yard with angular course aggregate 5 5 c) Maximum water cement ratio gallons per sack 6 8 d) Slump range 2 to 4 e) Minimum strength 28 day psi 2 500 19 The applicant shall have a specific plan for restoring wetland contours Any excess material will be removed to a high ground disposal area The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical During excavation the soils shall be placed on fabric to minimize impacts whenever possible Topsoil excavated from utility trenches will be Water Quality Certification No 3884 Water Quality Certification Na 3884 piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted Along utility corridors within wetlands grub stumps only as needed to install the utility and cut rema n rig stumps off at grade leiel The general stripping of topsoil %tith n ire +lands along the utility corridor is not permitted 20 If an environmental document is- required under the National or State Environmental Policy Act (NEPA or SEPA) then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse 21 in the twenty (20) coastal counties the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required 22 This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal State or Local approvals 23 The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal Law If the Division determines that such standards or laws are not being met including 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 then the Division may reevaluate and modify this General Water Quality Certification 24 When written authorization is required for use of this certification upon completion of all permitted impacts included within the approval and any subsequent modifications the applicant shall be required to return the certificate of completion attached to the approval One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mad Service Center Raleigh NC 27699 1650 25 Additional site specific conditions including monitoring and/or modeling requirements may be added to the written approval letter for protects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards 26 This certification grants permission to the director an authorized representative of the Director or DENR staff upon the presentation of proper credentials to enter the property during normal business hours This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and /or Regional General Permit The conditions in effect on the date of issuance of Certification for a specific protect shall remain in effect for the life of the protect regardless of the expiration date of this Certification Non compliance with or violation of the conditions herein set forth by a specific protect may result in revocation of this General Certification for the protect and may also result in criminal and /or civil penalties The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any protect in this category of activity if it is determined that the protect is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded Water Quality Certification No 3884 6 Water Quality Certification No 3884 Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public s best interest by the Director of the North Carolina Division of Water Quality Effective date March 19 2012 DIVISION OF WATER QUALITY By Charles Wakild P E Director History Note Water Quality Certification (WQC) Number 3884 issued March 19 2012 replaces WQC Number 3819 issued March 19 2010 WQC Number 3699 issued November 1 2007 WQC Number 3625 issued March 19 2007 WQC Number 3374 issued March 18 2002 WQC Number 3288 issued June 1 2000 WQC Number 3101 issued February 11 1997 WQC Number 3022 issued September 6 1995 WQC Number 2664 issued January 21 1992 This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and /or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality Water Quality Certification No 3884 Water Quality Certification No 3884 ANTI -SEEP COLLAR r 18 - -- � Inches I Utility Line I (Diameter Varies) I I 1 foot I Class B Concrete I or Compacted Clay i i - 1 6 inches rench Width Inches Not to exceed 40 feet SECTION 6 mches� Water Quality Certification No 3884 Class B Concrete or Compacted Clay .4- _ 4I .6 inches PLAN 12 inches Certification of Completion DWQ Project No Applicant Project Name Date of Issuance of Wetland Permit County Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to DWQ 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 1 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 Date Agent's Cerhficatcon 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 Date If this project was designed by a Certified Professional I as a duly registered Professional (i a Engineer Landscape Architect Surveyor etc ) in the State of North Carolina having been authorized to observe (periodically weekly full time) the construction of the project for the Permtttee 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