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
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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