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HomeMy WebLinkAbout20150783 Ver 1_Approval Letter_20150817FM NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 17, 2015 Kinder Morgan Attn: Mr. Eric Oliver 1000 Windward Concourse, Suite 450 Alpharetta GA 30005 Donald R. van der Vaart Secretary DWR # 15 -0783 Davidson County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Joint 182110 Maintenance Dear Mr. Oliver: You have our approval for the impacts listed below for the purpose described in your application dated July 31, 2015, received by the Division of Water Resources (Division) August 4, 2015. These impacts are covered by the attached Water Quality General Certification Number 3883 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 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 approval requires you to follow the conditions listed in the enclosed certifications) or general permit 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 are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and /or (c)] Type of Impact Stream Site 1 404/401 Wetlands Site 1 Amount Approved (units) Permanent Alinston -Salem Regional Office Location: 450 W. Hanes Mill Rd, Suite 300.'e'Jim n,- 'Salem, North 'arolina 27105 Phone: 336 -716- 913001 FAX: 336-776-9W, CLEStomer Service: 1>37? 623 -6748 Internet, http :llportal.ncdeni.org /wehhvghvs An Equal Opportunity l Affirmative Action Employer Amount Approved (units) Temporary 30 (linear feet) 0.029 (acres) Kinder Morgan DWR# 15 -0783 401 APPROVAL Page 2 of 3 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. 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) /Permit /Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51 This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 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/r 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 8:00am and 5:00pm, 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 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Kinder Morgan DWR# 15 -0783 401 APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Sue Homewood at 336 - 776 -9693 or sue.homewood(@ncdenr.gov if you have any questions or concerns. Sincerely, W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: GC 3883 cc: Betsy Jorgensen, CH2M Hill (vial email) John Thomas, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file