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HomeMy WebLinkAbout20121024 Ver 7_Approval Letter_20150126NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 26, 2015 Piedmont Natural Gas Dave Vena, P.E. 4720 Piedmont Row Drive Charlotte, NC 28210 Donald R. van der Vaart Secretary DWR # 12 -1024 Ver. 7 Pitt - Beaufort County Subject: REVISION OF APPROVAL FOR 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Project: PNG Line 42 Replacement Project, Phase 1 Tar River Basin, Tar River Dear Mr. Vena: You have our approval for the additional impacts listed below for the purpose described in your application modification request dated December 5, 2014 and received by the Division of Water Resources (Division) December 12, 2014. This permit has also been modified, per request, to show changes in the mitigation provider. The change is from Greene Environmental Services (GES) to North Carolina Ecosystem Enhancement Program (NCEEP). Impacts are covered by Water Quality General Certification Number 3884 (GC 3884). This General Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USACE). 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. Please also note that this approval supersedes all other Water Quality General Certifications issued for this project. This approval requires you to follow the conditions listed in the enclosed certification or general permit and the following additional conditions: 401 & Butter Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919 -807 -63011 FAX: 919-807 -6494 Internet: http :llportal.ncdenr.orghxebAvgtvs An Equal opportunity 1 Affirmative Action Employer PNG Line Replacement Project, Phase 1 Dave Vena, P.E. January 26, 2015 Page 2 of 4 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site 1 (linear feet) 1,065 (linear feet) 404/401 Wetlands Site 1 0.03 (acres) Fill 4.50 (acres) Coastal Wetlands Site 1 (acres) (acres) Open Waters Site 1 (acres) (acres) Buffers —Zone 1 Site 1 3,174 (square feet) (square feet) Buffers —Zone 2 f!!,850 Site 1 10,930 (square feet) 28,029 (square feet) 2. 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 /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 Certifications) and is responsible for complying with all conditions. 3. Diffused Flow An additional condition is that all stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B .0259(5). 4. Compensatory Mitigation Using a Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you intend to purchase credits from the North Carolina Ecosystem Enhancement Program ( NCEEP) Mitigation Bank for Pitt and Beaufort County as described in your application to meet this mitigation requirement. Our records show that the NCEEP is available for credit release for your project. This contribution has been determined by the DWR to be a suitable method to meet the mitigation requirement. Until the NCEEP Mitigation Bank receives and clears your check, and proof PNG Line Replacement Project, Phase 1 Dave Vena, P.E. January 26, 2015 Page 3 of 4 of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment into the NCEEP Mitigation Bank to meet the following compensatory mitigation requirement: 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. This approval and its conditions are final and binding unless contested. This Certification 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) within sixty(60) calendar days. 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. 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:OOam and S:OOpm, excluding official state holidays). The petition may be faxed 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 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 Road Raleigh, NC 27609 -6285 Compensatory Mitigation Required River and Sub -basin Number Stream (feet) Wetlands (acres) Waters (acres) Riparian Buffer * 9,921 (square feet) Zone 1 TAR 05 — 03020103 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. This approval and its conditions are final and binding unless contested. This Certification 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) within sixty(60) calendar days. 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. 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:OOam and S:OOpm, excluding official state holidays). The petition may be faxed 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 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 Road Raleigh, NC 27609 -6285 PNG Line Replacement Project, Phase 1 Dave Vena, P.E. January 26, 2015 Page 4 of 4 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 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Roberto Scheller by phone at 252- 948 -3940 or by email at roberto.scheller anncdenr.gov if you have any questions or concerns. Sincerely, Robert L ard Assistant Regional S pervisor Division of Water Resources Enclosures: GC 3884 Certification of Completion cc: Joey Lawler, P.W.S., S &ME, email: jlawler @smeinc.com Raleigh Bland, USACE, Washington Regulatory Field Office Laserfiche File