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HomeMy WebLinkAbout20200402 Ver 2_20200402 Ver 1_Approval Letter_20210319 (2)_20210401DocuSign Envelope ID: 172CEE7B-7651-4973-9C82-BDAB81978C48 ROY COOPER Governor DIONNE DELLI-GATTI Secretory S. DANIEL SMITH Director Piedmont Natural Gas Attn: Aaron Weldon 4720 Piedmont Row Drive Charlotte, NC 28210 NORTH CAROLINA Environmental Quality March 12, 2021 DWR # 2020-0402 Brunswick County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Piedmont Natural Gas Line 99 Easement Acquisition Project Dear Mr. Weldon: You have our approval for the impacts listed below for the purpose described in your application dated February 1, 2021, received by the Division of Water Resources (Division) February 1, 2021 and payment received February 5, 2021. These impacts are covered by the attached Water Quality General Certification Number 4133 and the conditions listed below. This certification is associated with the use of the 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 Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. 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 (units) Permanent Amount Approved (units) Temporary Stream N/A N/A 404/401 Wetlands 5.789 acres 12.425 acres Open Waters N/A N/A DE NORTH CARPI iNA oayaronam or Environmental aaai� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DocuSign Envelope ID: 172CEE7B-7651-4973-9C82-BDAB81978C48 riedmont Natural Gas Line 99 Easement Acquisition Project DWR# 2020-0402 401 Certification Page 2 of 4 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 Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Citation: 15A NCAC 02B .0211 (21) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, and agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis 2. Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams, and/or buffers from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside wetland, stream, and/or buffer boundaries. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Citation: 15A NCAC 02H .0506 (b)(1) and (2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture) and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. Upon restoration of temporary impacts to wetlands, streams, and/or buffers, all restored areas shall be monitored quarterly for at least two years with photo documentation. The DocuSign Envelope ID: 172CEE7B-7651-4973-9C82-BDAB81978C48 riedmont Natural Gas Line 99 Easement Acquisition Project DWR# 2020-0402 401 Certification Page 3 of 4 monitoring may be extended up to another 3 years if the restoration sites have not adequately recovered. Citation: 15A NCAC 02H .0506 (b)(1) and 15A NCAC 02H .0507 (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. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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 to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Tyler Benson at 910-796-7215 or Tyler.Benson@ncdenr.gov if you have any questions or concerns. Sincerely, ,—DocuSigned by: Moults 544441 fai `— E3ABA14AC7DC434... Morella Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ — WiRO Enclosures: GC 4133 DocuSign Envelope ID: 172CEE7B-7651-4973-9C82-BDAB81978C48 riedmont Natural Gas Line 99 Easement Acquisition Project DWR# 2020-0402 401 Certification Page 4 of 4 cc: Gary Beecher, USACE Wilmington Regulatory Field Office, EC Joey Lawler, PWS, Consultant, EC DWR 401 & Buffer Permitting Branch file-LF WiRO