HomeMy WebLinkAbout20180537 Ver 2_Approval Letter_20181029ROY GOOBER
Coveo r
[MICHAEL S. REGAL
Serrerary
LINDA CULPEPPER
Interkn Direaff
PSNC Energy
Attn: Mike Lewis
15 Overland Industrial Blvd.
Asheville, NC 28806
NCq'rH CAROLINA
Errlrironmeretal QEfarily
October 29, 2018
DWR # 18-0537 V2
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
PSNC Energy M-64 Natural Gas Transmission Pipeline — Phase IIA
Dear Mr. Lewis:
You have our approval for the impacts listed below for the purpose described in your application
dated September 14, 2018 and received by the Division of Water Resources (Division) on
September 14, 2018. 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
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
Impacts 0 (feet)
50 (feet)
North Carolina Department of Environmental Quality I Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500
PSNC Energy M-64 Natural Gas Transmission Pipeline — Phase II A
DWR# 18-0537 V2
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. [15A
NCAC 02H .0507(d)(2)]
3. 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)]
4. 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. [I 5A NCAC
02H.0506 (b)(3)]
5. 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)]
6. 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. [I 5A NCAC 02H .0506(b)(2) and
(b)(3)]
7. The permittee shall report to the Asheville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [ 15A NCAC 02B .0200]
including but not limited to sediment impacts, and any violation of state regulated
riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-
by-case basis.
PSNC Energy M-64 Natural Gas Transmission Pipeline — Phase II A
DWR# 18-0537 V2
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 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 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
AM.Anninogncdenr.gov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
PSNC Energy M-64 Natural Gas Transmission Pipeline — Phase II A
DWR# 18-0537 V2
401 Approval
Page 4 of 4
Enclosures: GC 4133
Certificate of Completion
cc: Mark Davis — Vaughn & Melton (via email)
William Elliot — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Bryan Tompkins — USFWS (via email)
Stan Aiken — Division of Energy, Mineral and Land Resources (via email)
DWR ARO 401 files
G:\WR\WQ\Rutherford\401s\Non-DOT\PSNC Energy - M-64 Natural Gas Transmission Pipeline\Phase IIA\20181029_PSNC M-64 Phase
IIA_APRVL.docx