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HomeMy WebLinkAbout20120401 Ver 2_Approval Letter_20130312NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director March 12, 2013 Piedmont Natural Gas Ms. Mara Sikora P.O. Box 33068 Charlotte NC 28233 Subject Property: Piedmont Natural Gas Line 150 John E. Skvarla, III Secretary Brunswick County DWQ Project #: 12 -0401 v2 Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Sikora: You have our approval, in accordance with the attached conditions to permanently impact 3.071 acres of 404 wetlands (conversion only), to temporarily impact 3.306 acres of 404 wetlands, and to temporarily impact 207 linear feet of stream to install a new 10 inch natural gas transmission line as described within your application received by DWQ on February 25, 2013. After reviewing your application, it has been determined that the impacts are covered by General Water Quality Certification Number 3884 (GC3884). This Certification replaces the previous one issued on June 11, 2012, and can be found on line at: littp:Hportal.ncdeiir.or--/web/wq/swp/ws/40 I /certsandpermits. The Certification(s) allows you to use Nationwide Permit 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 stormwater 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 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. Wetlands, Buffers, Stormwater— Compliance and Permitting (Webscape) Unit One 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina Location 512 N. Salisbury 5t Raleigh, North Carolina 27604 �aturatlr� Phone 919$07 -6300 \ FAX 919. 807 -64941 Customer Service 1- 877 -623 -6748 Internet. www ncwaterqualdy org 2 PNG Line 150 2012- 040lv2 Multi - Counties The Additional Conditions of the Certification are: 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: Impact Amount Approved Units Plan Location or Reference 404 Wetlands (Permanent conversion only) 3.071 acres Page 5 of 12 in PCN 404 Wetlands (Temporary) 3.306 acres Page 5 of 12 in PCN Perennial Stream (Temporary) 126 linear feet Page 5 of 12 in PCN Intermittent Stream (Temporary) 81 linear feet I"--- 5 of 12 in PCN 2. 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 Preconstruction Notification application. 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. 3. 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. 4. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. if your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self - monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://portal.ncdeiir.orolweb/wg/ws/su/constrtictioii. 5. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http://www.iicdot.orp-/doh/operations/BMP manual /download/BMP Manual.pdfl such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 3 PNG Line 150 2012- 0401v2 Multi - Counties 6. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 7. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard. 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. 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 Karen Higgins in the Central Office in Raleigh at 919- 807 -6300 or Chad Coburn in the DWQ Wilmington Regional Office at 910- 796 -7215. Sincerely, �'V\ C%) � C s Wakild, P.E., Director Division of Water Quality Enclosures: GC 3884 Certificate of Completion cc: Paul Masten — S &ME, Inc., 3006 Hall Waters Drive, Suite 100, Wilmington, NC 28405 Emily Hughes — USACE Wilmington Field Office Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO