HomeMy WebLinkAbout20141137 Ver 1_Approval Letter_20141117LTA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr Whitney Waldrop, PE
PSNC Energy
800 Gaston Road
Gastonia, NC 28056
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John E Skvarla, III
Secretary
November 17, 2014
DWR# 14 -1137
Gaston County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Owens Corning Gas Line
Dear Mr Waldrop
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated October 29, 2014 and received by
the Division of Water Resources (the Division) on October 30, 2014 After reviewing your
application, we have determined that this project is covered by Water Quality General Certification
Number 3884, which can be viewed on our web site at http //portal ncdenr om /web /wq /swp /ws /401
The General Certification allows you to use Nationwide Permit Number 12 once it is issued to you
by the U S Army Corps of Engineers (COE) 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
The above noted Certification will, expire when the associated 404 permit expires unless
otherwise specified in the General Certification In addition to the requirements of the certification,
you must also comply with the following conditions
1 The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced
2 Approved Impacts
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream relocation
57 linear ft
0
Wetland
0.74 acre
0.79 acre
3 This approval is only valid for the purpose and design that you described in your application If
you change your project, you must notify us in writing, and you may be required to send us a
new application for a new certification If the property is sold, the new owner must be given a
copy of the Certification and approval letter, and is thereby responsible for complying with all
conditions
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone 919 - 807 -63001 Internet www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
4 Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained upon completion of the stream work
5 The area immediately adjacent to the stream located in the work area should be matted or
covered (at minimum) prior to rain events
6 Notification regarding limitation to maintenance beyond the permanent maintenance corridor for
the stream and wetland located within the easement shall be included in the maintenance
program
7 Mitigation required by the Army Corps of Engineers 0 77 acre for wetland impacts
8 Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and /or stabilized to reduce sediment loss and turbidity This
includes interior /exterior slopes of sediment basins
9 Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of nprap or other bank hardening methods If nprap is necessary, it shall not
be placed in the streambed, unless approved by DWR
10 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 associated with this project shall meet, and /or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur
11 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 two
months of the date the Division of Land Resources has released the project
12 Upon completion of the project, the applicant shall complete and return the enclosed "Certificate
of Completion" form to the 401/Wetlands Unit of the Division
13 Continuing Compliance The applicant (PSNC) shall conduct all activities in a manner so as not
to contravene any state water quality standard (including any requirements for compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements of state and
federal law If the Division determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that state or federal law is being violated,
or that further conditions are necessary to assure compliance, the Division may reevaluate and
modify this certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15 A NCAC 2H 0507(d) Before codifying the
certification, the Division shall notify the applicant and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H 0503, and provide opportunity for public hearing
in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference
in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the 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
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, 8 00 am
to 5 00 pm, excluding state holidays)
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1)
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 for the OAH
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc)
Office of Administrative Hearings
1711 New Hope Church Rd
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served on DENR as follows
Mr John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review by the Division under Section 401 of the Clean Water Act
If you have any questions, please telephone Mr Alan Johnson in the Mooresville Regional Office
at 704 - 663 -1699 or Ms Karen Higgins in the Central Office in Raleigh 919 -807 -6360
incerely,
for Thomas A Reeder
Attachments
cc Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Crystal Fox, S &ME, 9751 Southern Pine Blvd , Charlotte, NC 28273
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699 -1650. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer It is not necessary to send certificates from all of these
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials
Signature
Agent's Certification
Date
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials
Signature
Engineer's Certification
Partial Final
Date
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permttee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water, Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials
Signature Registration No.
Date