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HomeMy WebLinkAbout20130719 Ver 1_Approval Letter_20130823fift�� I�CDE SIR b North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs Governor Thomas A. Reeder Director August 23, 2013 Jim Kalish, Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, North Carolina 28210 Subject: 401 Water Quality Certification - Approval Messer Road Piedmont Natural Gas Line 294 Extension DWQ Project # 20130719 Burke County CTB31 / Howard Creek (Propst Creek) / 11- 42 -(1) / Class WS -IV CTB31 / McGalliard Creek / 11- 44 -(0.5) / Class WS -IV CTB31 / Hunting Creek / 11- 36 -(0.7) / Class WS -IV Dear Mr. Kalish: John E. Skvada, III Secretary The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.2874 acres of wetlands and 380 feet of streams for the purpose of infrastructure extension at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3884. This Certification allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers ( USACE). 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 corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and local Water Supply Watershed regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location. 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828 - 296 -15001 FAX: 828 -299 -7043 Internet www.ncwaterqualky.org An Equal Opportunity 1 Affinnat Ne Action Employer te Ca rolina uratlr� r Amount Approved nits Plan Location or Reference Stream 380 linear feet Attachment 3. Stream Impacts Wetlands 0.2874 acres Attachment 2. Wetland Impacts Location. 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828 - 296 -15001 FAX: 828 -299 -7043 Internet www.ncwaterqualky.org An Equal Opportunity 1 Affinnat Ne Action Employer te Ca rolina uratlr� r ricamont r4awrw %im r me c" r-mmo vn August 23, 2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. 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 your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at (828) 296 -4657. Sincerely, fo. Thomas A. Reeder TAR/khb Enc: GC3884 Certificate of Completion cc: Suzanne Herron, Fisher and Arnold, Inc. 1420 Donelson Pike, Suite A -12, Nashville, TN, 37217 David McHenry, NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit — Central Office File Copy G: \WPDATA\DEMWQ\NonPoint source Team\401s - Wedands\Authorization\Appmval Template_5- 7- 09.doc