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HomeMy WebLinkAbout20130802 Ver 1_Approval Letter_20131205NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John, E. Skvarla, III Governor Director Secretary December 5, 2013 DWR # 13 -0802 Durham and Orange Counties Public Service Company of North Carolina Attn: George Ratchford P.O. Box 1398 Gastonia,, NC 28056 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE' PER THE JORDAN LAKE WATER SUPPLY WATERSHED RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0267) WITH ADDITIONAL CONDITIONS Duke University Natural Gas Pipeline Extension Dear Mr. Ratchford: You have our approval for the impacts listed below for the purpose' described in your- revised application dated December 2, 2013 and received by the Division of Water Resources (Division) on December 4, 2013. These impacts are covered by the attached Water Quality General Certification Number 3884 and the conditions listed below. This certification is associated with the use of'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. This 401 Certification and Buffer Authorization "replace the 401 Certification and Buffer Authorization issued to you on August 15, 2013: This approval requires you to follow the conditions listed in, the enclosed certification and the following additional conditions: 1. The'following ,impacts are hereby approved provided "that all of °the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are.approved, including incidental impacts. N�c e Carolina NJ 7A North Carolina Division of Water- Resoufces 1628 Maill Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Internet www ncwatefouality or4 Location- 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 An Equal Opportunity /Affirmative Action Employer — 50% Recycled110% Post Consumer Paper PSNC Duke'University DWR# 13 -0802 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland 0 (acres) 0.004 (acres) Site W4 Wetland 0.026 (acres) 0.057 (acres) Site W12 Wetland 0 (acres) 0.015 (acres) Site WE Stream 0 (linear feet) 7.6 (linear feet) Site A Stream 0 (linear feet) 3.8 (linear feet) Site C Stream 0 (linear feet) 11.04 (linear feet) Site CC Stream 0 (linear feet) 8.75 (linear feet) Site F Stream 0 (linear feet) 117.24 (linear feet) Site F1'& F2 Stream 0 (linear feet) 48.15 (linear feet) Site M1 Stream 0 (linear feet) 15.22 (linear feet) Site Y Buffers —Zone 1 68 (square feet) 0 (square feet) Site C Buffers — Zone 2 0 (square feet) 59 (square feet) Site C Buffers —.Zone 1 0 (square feet) 1140 ,(square feet) Site CC Buffers — Zone 2 0 (square feet) 637 (square feet) Site CC Buffers — Zone 1 0 (square feet) 646 (square feet) Site F Buffers— Zone 2 0 (square feet) 446 (square feet) Site F Buffers — Zone 1 639 (square feet) 1579 (square feet) Site F1 & F2 Buffers — Zone 2 0 (square feet) 618 ("square feet) Site F1 & F2 Buffers —Zone 1, 617 (square feet) 2053 (square feet)' PSNC Duke University DWR# 13 -0802 401 AND BUFFER APPROVAL Page 3 of 5 Site M1 Buffers — Zone 2 0 (square feet) 1744 (square feet) Site M1 Buffers —Zone 1 603 (square feet) 611 (square feet) Site 0 Buffers — Zone 2 385 (square feet) 524 (square feet) Site 0 2. No Waste, Spoil, Solids, or Fill of.Any Kind N'o 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. 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. 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 warning 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 02H .0500. 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 the Certification and Buffer Authorization. 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 approval letter and General Certification and is responsible for complying with all conditions. 5. This approval and its conditions are, final and binding unless contested. This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any °applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). PSNC Duke University r DWR# 13 -0802 401 AND BUFFER APPROVAL Page 4 of 5 The petition may befaxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following_ the faxed transmission. Mailing address forlhe OAH: If sending,by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx). Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service "Center Raleigh, NC 27699 -1601, Please send one (1) copy of the petition to DWR: If sending by First Class, Mail via the US Postal Service: Karen Higgins NC DENR -DWR — Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If,sending via delivery service, (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR — Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Jordan Riparian Buffer Rules as described in 15A NCAC 02B .0267. Please contact Cherri Smith at 919 - 791 =4251 or cherri.smith @ncderir.gov if you have any questions or concerns. Sin c rely, i onaZ,-.Supervisor Danny Smi Water Quality Regional Operations Section Enclosures: GC 3884 PSNC Duke University DWR# 13 -0802 401 AND BUFFER APPROVAL 'Page 5 of S cc: U.5. Army Corps of Engineers; Raleigh,'Regulatory Field Office;, 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Walter Cole; S &ME; 3201 Spring Forest Road; Raleigh, NC 27616