20120072 Ver 4_Approval Letter_20120924

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Adam Long
Piedmont Natural Gas
4720 Piedmont Row Dr.
Charlotte, NC 28273
Charles Wakild, P. E.
Director
Subject: Revisions to PNG Line #70, Mecklenburg /Cabarrus
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Long:
Dee Freeman
Secretary
September 24, 2012
DWQ# 12- 0072V2
Mecklenburg County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 0.537 of wetland (convert 0.145 to herbaceous species) and temporarily impact 1,505 linear feet (If)
of stream /creek in order to construct the gas line in Mecklenburg and Cabarrus Counties, as described in your
application received by the Division of Water Quality (DWQ) on August 17, 2012. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification Number
3884, which can be viewed on our web site at http: / /portal.ncdenr.org /web /wq /swo /ws /401. The General
Certification allows you to use Nationwide Permit Number 12 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 above noted Certification will expire when the associated 404 permit expires 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:
1. All additional conditions of the previously issued certification remain in effect as well as those listed in the
new general certification.
2. The following request in your application is not approved:
"As a pro- active step, PNG determined that the permit as previously - proposed should be modified to
include an option to install the pipe through conventional isolation methods at stream features, if conditions
permit. As conventional installation is performed "in the dry, "this method provides a discrete and
quantifiable expectation of temporary impacts associated with each crossing, and precludes the uncertainty
Mooresville Regional Office One
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of additional impacts associated-with potential drill failure and the resulting containment and cleanup of
drilling fluids.
3. Continuing Compliance. The applicant (Piedmont Natural Gas) 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 DWQ under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mr. Michael Burkhard in the Mooresville Regional Office at 704 - 663 -1699 or Ms.
Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Sincerely,
for Charles Wakild, P.E.
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Joey Lawler, S &ME