HomeMy WebLinkAbout20130005 Ver 1_Approval Letter_20130114w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 14, 2013
DWQ Project # 13 -0005
Richmond County
Piedmont Natural Gas
Attn: Jim Adkins
4720 Piedmont Row Drive
Charlotte, NC 28210
Subject Property: Rockingham Recoat Project
Hitchcock Creek [13- 39 -(10)] C
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Adkins:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise temporarily impact 0.40 acres of wetland and 30 linear feet of
perennial stream for the purpose of excavating and recoating a 16 inch gas line, as described
within your application dated Decmeber 31, 2012 and received by the N.C. Division of Water
Quality (DWQ) on January 3, 2013. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3884 (GC3884). The
Certification(s) allows you to use Nationwide Permit(s) NW 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 other 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
225 Green Street— Suite 714 — Fayetteville, North Carolina 28301 -5043
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Piedmont Natural Gas
January 14, 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 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 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.
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.
Amount Approved nits
Plan Location or Reference
Perennial Stream —
30 (linear feet)
PCN page 5 of 12
temporary impact
404 /CAMA Wetlands
0.40 (acres)
PCN page 5 of 12
— temporary impact
2. Erosion & 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 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.
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.
Piedmont Natural Gas
January 14, 2012
Page 3 of 4
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 in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters
without prior approval by the Division. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, design and placement of temporary
erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down
stream 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 or locally delegated program 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 DWQ WEBSCAPE Unit at: 1650
Mail Service Center, Raleigh, North Carolina 27699 -1650.
6. Protective Fencing
The outside buffer, wetland, or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
waning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15 NCAC 2H, Section .0500
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.
Piedmont Natural Gas
January 14, 2012
Page 4 of 4
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 Chad Turlington in the DWQ
Fayetteville Regional Office at 910- 433 -3320.
Sincerely,
Charles Wakild
Director
Enclosures: GC 3884
Certificate of Completion
cc: Karen Higgins — Wetlands, Buffers and Stormwater Compliance and Permitting Unit
Christy Wicker - USACE Wilmington Regulatory Field Office
Joey Lawler, P.W.S. — S &ME (via e-mail)
DLR Fayetteville Regional Office
File Copy
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