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Home My WebLink About20150273 Ver 1_Approval Letter_2015032674V WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald van der Vaart Secretary March 26, 2015 DWR# 15 -0273 Gaston County Mr. Whitney Waldrop, P.E. PSNC Energy 800 Gaston Gastonia, NC 28056 Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Lowell Gas Line Project 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 March 12, 2015, and received by the Division of Water Resources (the Division) on March 13, 2015. 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 hftp: / /portal.ncdenr.org /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. It is advised that all conditions of the certification are reviewed prior to initiation of the project. In addition to the requirements of the certification, you must also comply with the following conditions: 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. 15A NCAC 02H .0506,15A NCAC 02H .0507(c) 2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e)J Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155 Phone: 704 - 663 -16991 Internet: www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper DWR# 15 -0273 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 166 linear ft. 0 linear ft. Wetland .003 acre. 0 acre 4. 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. 15A NCAC 02H .0506 (b)(3) and (c)(3) 5. Areas outside the permanent maintained easement shall be returned to the pre- existing condition. This may require seeding of native grasses or planting of woody vegetation. 6. No hard stream and /or stream bank stabilization is proposed. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of the NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 15A NCAC 02H.0506(b)(3) and (c)(3 8. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 15A NCAC 02H.0506(b)(3) and (c)(3) - 9. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 15A NCAC 02H .0506(b)(3) 10. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers, unless approved by this certification. 15A NCAC 02H .0506(b)(3) 11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 12. The issuance of this Certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 13. The Permittee shall report any violations of this Certification to the Division of Water Resources within 24 hours of discovery. 15A NCAC 02H .0507(c) 14. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 15A NCAC 02H.0506(b)(3) and (c)(3) DWR# 15 -0273 15. 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. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 16. 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. 15A NCAC 02H .0507(c) 17. 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. 15A NCAC 02B.0200 This Certification can be contested as provided in Articles 3 and 4 of the General Statute 1508 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. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 DWR# 15 -0273 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. Sincerely, c Michael L. Parker, Regional Super4eisor Water Quality Regional Operations Section Mooresville Regional Office Attachments cc: Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit Joe Lawler, S & ME MRO, Land Quality