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HomeMy WebLinkAbout20130101 Ver 2_Approval Letter_20130701RR RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla III Governor Acting Director Secretary July 1, 2013 Mr. David Vena Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, NC 28210 DWQ # 13 -0101 Ver. 2 Johnston, Wayne, Greene Counties Subject Property: Gas Line Project 5B Looping (West and East Loops) Neuse River Basin [NEU 02, 04, 05,07 12] Revision of Approval for 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions Dear Mr. Vena: Please note that this revised General Certification supersedes all certifications issued for this project. You are approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise temporary impact 25.29 acres of wetlands; permanently impact 12.58 acres of wetland; temporary impact 3,395 linear feet of stream; permanently impact 110 linear feet of stream, and 72,000 square feet (ft2) of protected riparian buffers for the purpose of gas pipe line replacement at the subject properties, as described within your application dated January 23, 2013 and received by the N.C. Division of Water Quality (DWQ) on February 4, 2013 and revised as described per your revision request dated May 29, 2013. The impacts proposed in the application are covered by General Water Quality Certification Number(s) 3884 (GC3884). The Certifications) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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, and Non - discharge 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 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 North Carolina Division of Water Quality Internet: www.ncwaterquality org 943 Washington Square Mall Phone: 252- 946 -6481 One Washington, NC 27889 FAX 252- 946 -9215 NorthCarohna An Equal Opportunity/Affirmative Action Employer— 50% RecydW10% Post Consumer Paper Nahwli 4 Mr. David Vena Piedmont Natural Gas Gas Line Project 5B Looping Page 2 of 4 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. The AddMonal Conditions of the Certffication 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. Amount Approved (Units) Plan Location or Reference Stream 3,395 (linear feet) Temp. Project #39911024 110 If Permanent 404 /CAMA 25.29 (acres) Temp. " Wetlands 12.59 acres Permanent Waters acres Buff Qrs 72,000 (square ft.) Temp. " 27,000 (s q. ft. Permanent 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. a 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of and areas beyond the footprint of Notification. All construction activ and maintenance of sediment and be performed so that no violations occur. Mr. David Vena Piedmont Natural Gas Gas Line Project 5B Looping Page 3 of 4 kind shall occur in wetlands, waters, or riparian he impacts depicted in the Pre - Construction ties, including the design, installation, operation, erosion control Best Management Practices, shall of state water quality standards, statutes, or rules 4. 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. 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 401 Oversight /Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 6. The Permittee will need to adhere to all appropriate in -water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. 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 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 1508 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. Mr. David Vena Piedmont Natural Gas Gas Line Project 5B Looping Page 4 of 4 Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 1508. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252 - 948 -3940 or Karen Higgins of the Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919- 807 -6360. Sincerely, a,rx�t For Thomas A. Reeder Enclosures: Certificate of Completion GC 3884 cc: wily Greer, Corps of Engineers, Washington Regulatory Field Office ✓ DWQ Webscape Unit DEMLR, WaRO File copy