HomeMy WebLinkAbout20120618 Ver 1_Approval Letter_201207257ifL)
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
July 27, 2012
Piedmont Natural Gas
Mr. Dave Vena, P.E.
4720 Piedmont Row Drive
Charlotte, NC 28210
DWQ Project # 12 -0618
Lenoir County
Subject Property: Kinston, Line 25A Transmission Gas Line
Neuse River Basin, Stonyton Creek, Briery Run [NEU 05, 27 -81, 27 -81 -1;
NSW, C, Sw, NSW, C, Sw]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Vena:
You have our approval, in accordaC, se number - 122conditions and those listed below, to
place fill within or otherwise impact 0.990 acres of permanent wetland impacts, 0.572 acres of
temporary wetland impacts; 919 linear feet of streams impacts, 4,142 square feet (ft) of Zone 1
and 2,648 square feet (ft) of Zone 2 of protected riparian buffers impacts and 20,302 (fl?) square
feet of temporary buffer impacts for the purpose of gas transmission line installation at the
subject property, as described within your application dated June 14, 2012 and received by the
N.C. Division of Water Quality (DWQ) on June 21, 2012. The impacts proposed in the
application are covered by General Water Quality Certification Number(s) 3884 (GC3884). The
Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps
of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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, and Non -
discharge 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 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
North Carolina Division of Water Quality Internet: www.newaterquality.org One
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Washington, NC 27889 FAX 252 -946 -9215 Nol lhCarohna
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PNG, Kinston Line 25A
Transmission Gas Line
July 27, 2012
Page 2 of 4
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.
The Additional Conditions of the Certification are:
1. Impacts Approved
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:
2. Erosion & Sediment Control PraCase number 123
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, operated, and maintained in accordance with the most recent version of the
North Carolina 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 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.
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.
Amount Approved
Plan Location or Reference
(Units)
Stream
919 feet
Plan Sheets 14 of 14
404 /CAMA Wetlands
0.919 (acres) Permanent
66 "
0.572 (acres) Temporary
Waters
(acres)
Buffers
4142 (square ft.) Zone 1
"
2648 (square ft.) Zone 2
12114 (sq. ft.)Temp. Z1
8161 (sq. ft.) Temp. Z2
2. Erosion & Sediment Control PraCase number 123
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, operated, and maintained in accordance with the most recent version of the
North Carolina 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 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.
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.
PNG, Kinston Line 25A
Transmission Gas Line
July 27, 2012
Page 3 of 4
3. 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 Pre- Construction Notification. 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. 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.
5. 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 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699 -1650.
6. Diffuse Flow
All stormwater shall be directed as diffuse flow at non - erosive velocities through the
protected stream buffers and will not re- concentrate before discharging into the stream as
identified within 15A NCAC 2B .0233 (5).
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.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
PNG, Kinston Line 25A
Transmission Gas Line
July 27, 2012
Page 4 of 4
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B
.0233. If you have any questions, please telephone Roberto Scheller of the Washington Regional
Office at 252- 948 -3940 or Ian McMillan of the Wetland, Buffer, Stormwater, Compliance and
Permitting (Webscape) Unit at 919- 807 -6364.
incerely,
or Charles 1 ,
Enclosures: Certificate of Completion
GC 3884
cc: Joy Lawler, S & ME, Inc., 9751 Southern Pine Boulevard, Charlotte, NC 28723
William Wescott, Corps of Engineers, Washington Regulatory Field Office
DWQ Webscape Unit
DLR, WaRO
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