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HomeMy WebLinkAbout20140957 Ver 3_JohnstonCounty_BufferLetter_20181017Water Resources ENVIRONMENTAL QUALITY October 4, 2018 Neuse Tree Farm, LLC 3016 Hillsborough St. Suite 212 Raleigh, NC 27607 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER /merim Director Subject: Buffer Determination Letter RRO #18-260 Johnston County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0233) Soil Survey ❑ Tar -Pamlico (15A NCAC 26 .0259) ❑ lntermittenUPerennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional X projects) X Project Name: Atlantic Coast Address/Location: Approximately 5 miles South of Smithfield, NC Stream(s): Polecat Branch, Neuse River Determination Date: 10/3/18 Staff: Rick Trone Feature E/UPItI Not Subject Subject(�) Start@ Stop@ Soil Survey USGS To o s'or002 NAX Throughout project area s'or003 I/P X Throughout project area X X (1) E=Ephemeral, 1=Intermittent, P=Perennial, NP—Not Present, NA=Not applicable (2) Refers to riparian buffer rules only. Stream, wetland, or pond impacts may still be subject to applicable water quality standards and permitting requirements. Explanation: The features(s) listed above has been located on the most recent published NRCS Soil Survey of Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject' has been determined to not be at least intermittent or is not present. Streams that are checked "Subject' have been located on the property and possess characteristics that qualify it to be at least an intermittent stream. There may be other features located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director In writing. If sending via US Postal Service: c/o Karen Higgins; DRW — 401 & Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 2 7699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins, DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street; Raleigh, NC 27604. Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section hUp:Hportal.ncdenr.org/web/wq/ips 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 79111200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Rick Trone at (919) 791-4257, or by email at rick.trone@ncdenr.gov Sine ely, Danny Smith Supervisor, Water Quality Regional Operations Center cc: RRO DWR File Copy Tony Nardo, ERM (via email) Atlantic Coast Pipeline Johnston County, NC-DWR Project # 18-260 4 R i 'Ch {I Aff, ' • Ch a - I I . r- . — I - - P TA • � a�: w moi. �- .� f yw. y .. �� a •, �Y � � r � , ° r a • f e NRCS Soil Survey Sheet 11 Johnston Co., NC 1994 Approximate pipeline route y o• STAT£ o Locations are approximate and are provided for reference only :: st %IA Atlantic Coast Pipeline Johnston County, NC-DWR Project # 18-260 Approximate location of feature sjor003: subject to buffer rules 1J,L,^,,. --U4- —LL '`-- -iLc. - -iiL + -46- J.G. L Approximate location of feature sjor002: not subject to buffer rules RDS, ., el 4 1 tel/ -.11L ..iLL USGS Topographical Map � o+ ST 7Z o Four Oaks NE Quadrangle 2016 Locations are approximate and are provided for reference only Approximate pipeline route Dominlon Resources Services, Inc. 5000 Dominion Boulevard, Uen Alen. VA 230,50 July 20, 2018 BY ELECTRONIC MAIL Mr. Jeremiah Dow NCDEQ DWR Water Quality Regional Operations Section 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Dominion Transmission, Inc., Atlantic Coast Pipeline 2018 North Carolina Department of Environmental Quality Stream Buffer Determination Package Dear Mr. Dow: Atlantic Coast Pipeline, LLC (Atlantic) is a company formed by four major U.S. energy companies — Dominion, Duke Energy, Piedmont Natural Gas, and AGL Resources. The company was created to develop, own, and operate the proposed Atlantic Coast Pipeline (ACP), an approximately 600 -mile -long, interstate natural gas transmission pipeline system designed to meet growing energy needs in Virginia and North Carolina. For more information about the ACP, visit the company's website at www.dom.com/acpipeline. Atlantic has contracted with Dominion Transmission, Inc. (DTI), a subsidiary of Dominion, to seek authorization from the Federal Energy Regulatory Commission under Section 7(c) of the Natural Gas Act to construct, own, operate, and maintain the ACP on behalf of Atlantic. Approximately 43 miles of ACP will be located on the Tar -Pamlico River Basin in Halifax and Nash Counties; and approximately 56 miles of ACP will be located on the Neuse River Basin in Wilson and Johnston Counties as regulated by the North Carolina Department of Environmental Quality (NCDEQ). The enclosed 2018 NCDEQ Stream Buffer Determination Package is being submitted to the NCDEQ in order to comply with Rules 15A North Carolina Administrative Code (NCAC) 02B .0259 and 15A NCAC 02B .0233 applicable within the Tar -Pamlico and Neuse River Basins, and according to the State of North Carolina's Nutrient Sensitive Waters Management Strategy (herein referred to as the riparian buffer rules), within intent of"Protection and Maintenance of Existing Riparian Buffers". Previously for the ACP, and for the purpose of verifying surface waters subject to the riparian buffer rules along ACP, field determinations took place April I through 7, 2015 with James Graham, and February 25, 2016 with William Miller. Following the 2015 and 2016 field determinations, Subject: Buffer Determination letters (NBRO #15-285) were received confirming the final decision on surface waters subject to the riparian buffer rules in the Tar -Pamlico and Neuse River Basins. A series of four prior buffer determination letters have been received for the ACP. North Carolina Department of Environmental Quality Atlantic Coast Pipeline July 20, 2018 Page 2 of 3 The purpose of this letter is to update NCDEQ records with a small number of newly documented features or extensions of previously verified features. Included as attachments to this letter are maps that illustrate the water features and their previous field determinations or preliminary status (i.e., new water features identified for the first time in this letter). Surveys along the ACP route, in previously inaccessible or in areas where there have been minor route adjustments, have documented three new surface water features and one extension of a previously field verified feature. Table 1 provides a summary of the newly identified features. Atlantic has provided a preliminary evaluation of subject/not subject for these features based on previous field visits with NCDEQ staff Atlantic acknowledges that field determinations may be needed to verify the preliminary determinations of the recently surveyed surface water features. One previously verified surface water has been extended in the field during surveys. Where previously field verified features have been extended, Atlantic has made a preliminary determination that these features will maintain the same subject/not subject status based on previous determinations made in the field with NCDEQ staff. Table 2 provides a summary of the extended features. Atlantic requests that NCDEQ evaluate the information included in the tables and the attachments of this letter to either verify the preliminary findings or determine if field visits are necessary to confirm the information outlined within this letter. Table I. Newly Identified Surface Water Features Feature Feature Not Subjectb Subject E/I/P` Soil Survey USGS Topo Map Page snar004a•d X I Site I sjor002ax X I Site 2 sjor003ae X P X X Site 2 a These features are not subject to a buffer because they fall within a wetland boundary. a These are previously reviewed features needing an extension. They do not cross the currently surveyed I la route. b Ephemeral/Intermittent/Perennial Stream Order `Located in the Tar -Pamlico Watershed b Subjectivity of stream buffer was assumed based on previous NCDEQ review. These features are pending concurrence from the NCDEQ. Ephemeral/Intermittent/Perennial Stream Order d Located in the Tar -Pamlico Watershed I Located in the Neuse Watershed Table 2. Previously Identified Surface Water Features Requiring Extension Feature Not Subject Subject E/I/Pb Soil Survey USGS Topo Map Page snah028` X P X X Site I a These are previously reviewed features needing an extension. They do not cross the currently surveyed I la route. b Ephemeral/Intermittent/Perennial Stream Order `Located in the Tar -Pamlico Watershed Maps summarizing the previously verified features and supporting the preliminary detenninations of newly identified or extended surface water features in the Tar -Pamlico and Neuse River Basin are included in Attachment 1- Sites I and 2 Figures. The figures include a set of two strip maps that illustrate NRCS Soil Survey maps on the top and USGS Topographic maps on the bottom. The map set also provides the proposed ACP centerline with mileposts, proposed access roads, surveyed waterbodies, and surveyed wetlands. The Buffer Determination Request Forms are included in Attachment 2. For the consistency with previous submittals, and for the project record, Atlantic has compiled the enclosed information for NCDEQ review. Atlantic requests that NCDEQ determine if the information provided for new and extended surface water features is sufficient to verify subject/not subject status of v North Carolina Department of Environinentaf Quality Atlantic Coast Pipeline July 20, 2018 Page 3 of 3 these. additional features for the ACP project record. If additional field verification visits are required, Atlantic requests that NCDEQ continue to coordinate with appropriate ACP project staff to finalize the field verification process,. 1 ' Please contact Ms. Staci Rogge at (804) 273-2906 or at gtaci.L.Rogge ra-Mo rtinionenergy cont, if there are questions'about the ACP project: Please direct written responses to:. Staci Rogge Dominion Energy Services, Inc. 5000 Dominion Boulevard Glen Allen,, Virginia 23060 Sincerely, Richard Gang e .Director; Environmental Services CC?. Staci. Rogge, Dominion Attachments: Attachment 'I — Sites I and 2 Maps Attachment'2-8uffer Determination Request Forms