20180812 Ver 1_Approval Letter_20180724

ROY COOPER NOI2rH CARO' -INA
„� Environmental Quality
MiCt IALL S. REGAN
lltil�-� CULPGPFC-R
July 24, 2018
Mr. Tom Bickel
FILE
DWR# 18-0812
Gaston County
Kinder Morgan
1000 Windward Concourse, Ste. 450
Alpharetta, GA 30005
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Kinder -Morgan, McGill Branch Protection
Dear Mr. Bickel:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated June 6, 2018, and received by the Division of
Water Resources (the Division) on June 18, 2018, and subsequent information on July 16, 2018. After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 4133 which can be viewed on our web site at
LtUdivisions/water-resources/water-resources-permits/wastewater-branch/401-
ts/401-401-isolated-wetlands-waters-program 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 and
subsequent information provided. 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 total wetland fills for
this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the
future) exceed 300 linear feet, compensatory mitigation may be required. 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 and, 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

3. Approved Impacts:
Type of Impact Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream 0 linear ft.
67 linear ft.
Wetland 0 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. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods unless approved.
7. 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. 15A NCAC 02H .0506(b)(3)
8. 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)
9. 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)
10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401IWetlands Unit of the Division. 15A NCAC 02H .0507(c)
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 htto://www.ncoah.com/or by
calling the OAH Clerk's Office at [phone].
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 [phone], 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: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285

One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill 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. If
you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-
663-1699.
Sincerely, ,
1
s"e0 Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: David Shaeffer, Army Corps of Engineers, Charlotte, email
Suzanne Herron, Energy Land & Infrastructure, Suzanne. Herrontcueli-Ilc.com
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality