Loading...
HomeMy WebLinkAbout20171396 Ver 1_Approval Letter_20180112r •, Water Resources Environmental Quality January 12, 2018 PSNC — A SCANA Company Attn: Aaron Schwartz 220 Operations Way, MC 221 Cayce, SC 29033 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director DWR # 17-1396 Rutherford and Cleveland Counties Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS PSNC Cliffside Lateral Pipeline Dear Mr. Schwartz: You have our approval for the impacts listed below for the purpose described in your application dated October 27, 2017, and received by the Division of Water Resources (Division) on October 31, 2017, with additional information received December 19, 2017. These impacts are covered by the attached Water Quality General Certification Number 4133 and the additional 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, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) 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 Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Impacts 0 (feet) 1,012 (feet) Wetlands Impacts 0.148 (acres) 0.201 (acres) State of North Carolina I Environmental Quality 2090 U.S. Highway 701 Swannanoa, North Carolina 28778 828-296-4500 PSNC Cliffside Lateral Pipeline DWR# 17-1396 401 Approval Page 2 of 4 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 Certification(s) and is responsible for complying with all conditions. [I 5A NCAC 02H .0507(d)(2)] 3. This authorization exempts the Permittee from meeting the portion of Condition I-3 related to the orientation of utility line crossings in the attached general certification. The Permittee shall take all reasonable steps to cross streams as near to perpendicular as practicable. [15A NCAC 02H .0506(b)(2) and (c)(2)] 4. This authorization exempts the Permittee from meeting Condition I-4 in the attached general certification. The construction corridor at stream and wetland crossings shall be limited in width to that described in the application and shall be minimized to the maximum extent practicable. [15A NCAC 02H .0506(b)(2) and (c)(2)] 5. All temporary impacted areas will be restored to pre -construction natural conditions upon completion of the project. Native vegetation shall be used for wetland and stream bank stabilization. [I 5A NCAC 02H .0506(b)(2) and (c)(2)] 6. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506 (b)(3)] 7. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506(b)(2) and (c)(2)] 8. Visual monitoring of the project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [ 15A NCAC 02H .0506(b)(2) and (b)(3)] PSNC Cliffside Lateral Pipeline DWR# 17-1396 401 Approval Page 3 of 4 This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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 hqp://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 5: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 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Amy Annino at 828-296-4656 or Amy.Annino(�i),ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office PSNC Cliffside Lateral Pipeline DWR# 17-1396 401 Approval Page 4 of 4 Enclosures: GC 4133 Certificate of Completion cc: Joey Lawler — S&ME, Inc. (via email) Alan Johnson — DWR Mooresville Regional Office (via email) David Brown — USACE Asheville Regulatory Field Office (via email) Andrea Leslie — NCWRC (via email) Stan Aiken — Division of Energy, Mineral and Land Resources (via email) DWR ARO 401 files G:\WR\WQ\Rutherford\40ls\Non-DOT\PSNC Cliffside Pipeline Project\20180112_PSNC Cliffside Lateral APRVL.docx