HomeMy WebLinkAbout20170783 Ver 1_Approval Letter_20171019ROY COOPER
Goveoor
�.a
MICHAEL S. REGAN
Secretary
WaterResources
ENVIRONMENTAL QUALITY S. .LAY ZIMMERMAN
Director
October 19, 2017
DWR #17-0783
Halifax County
Virginia Electric and Power Company
Attn: Amanda Mayhew
701 E. Cary Street, 12th Floor
Richmond, VA 23219
Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES (15A NCAC 02B.0259) WITH ADDITIONAL
CONDITIONS
Scotland Neck to South Justice Branch 115kV Transmission Line Project
Dear Ms. Mayhew:
You have our approval for the impacts listed below for the purpose described in your
application dated June 23, 2017 and received by the Division of Water Resources (Division) on
June 27, 2017 with additional information received on September 29 and October 9, 2017.
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 comply with the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B.0259(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Scotland Neck to South Justice Branch 115kV Transmission Line Project
D W R #17-0783
BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers - Zone 1*
131: dhac007-Overhead utility line ROW
4,102 (square feet)/157 (linear feet)
0 (square feet)/O (linear feet)
132: shac034-Overhead utility line ROW
21,113 (square feet)/177 (linear feet)
0 (square feet)/O (linear feet)
133: shac036-Overhead utility line ROW
12,214 (square feet)/152 (linear feet)
0 (square feet)/O (linear feet)
B4: shac038-Overhead utility line ROW
26,336 (square feet)/226 (linear feet)
0 (square feet)/O (linear feet)
Buffers - Zone 2*
B1: dhac007-Overhead utility line ROW
2,449 (square feet)/112 (linear feet)
0 (square feet)/O (linear feet)
B2: shac034-Overhead utility line ROW
14,572 (square feet)/83'(linear feet)
0 (square feet)/O (linear feet)
B3: shac036-Overhead utility line ROW
8,451 (square feet)/62 (linear feet)
0 (square feet)/O (linear feet)
B4: shac038-Overhead utility line ROW
17,931 (square feet)/156 (linear feet)
0 (square feet)/O (linear feet)
Temporary Road - Zone 1**
Tl: dhaa007-Access Road
0 (square feet)
91,569 (square feet)
T2: dhaa008-Access Road
0 (square feet)
31,353 (square feet)
T3: dhac004-Access Road
0 (square feet)
8,182 (square feet)
T4: dhac011-Access Road
0 (square feet)
6,568 (square feet)
T5: dhaw004-Access Road
0 (square feet)
4,696 (square feet)
T6: dhaw005-Access Road
0 (square feet)
3,406 (square feet)
T7: dhaw009-Access Road
0 (square feet)
3,501 (square feet)
T8: shaa001-Access Road
0 (square feet)
7,232 (square feet)
T9: shaa002-Access Road
0 (square feet)
4,968 (square feet)
T10: shaa003-Access Road
0 (square feet)
9,369 (square feet)
T11: shac010-Access Road
0 (square feet)
2,786 (square feet)
Total:
0 (square feet)
173,630 (square feet)
Temporary Road -Zone 2**
T1: dhaa007-Access Road
0 (square feet)
69,194 (square feet)
T2: dhaa008-Access Road
0 (square feet)
24,047 (square feet)
T3: dhac004-Access Road
0 (square feet)
5,955 (square feet)
T4: dhac011-Access Road
0 (square feet)
4,610 (square feet)
T5: dhaw004-Access Road
0 (square feet)
3,556 (square feet)
T6: dhaw005-Access Road
0 (square feet)
2,374 (square feet)
T7: dhaw009-Access Road
0 (square feet)
2,440 (square feet)
T8: shaa001-Access Road
0 (square feet)
5,809 (square feet)
T9: shaa002-Access Road
0 (square feet)
3,791 (square feet)
T10: shaa003-Access Road
0 (square feet)
6,863 (square feet)
T11: shac010-Access Road
0 (square feet)
300 (square feet)
Total:
0 (square feet)
128,939 (square feet)
Scotland Neck to South Justice Branch 1151<V Transmission Line Project
D W R #17-0783
BUFFER APPROVAL
Page 3 of 5
*Buffer impacts depicted on the application as an overhead electric utility line ROW that
disturbs equal to or less than 150 linear feet of riparian buffer is considered exempt impacts
and do not require written authorization from the Division provided that vegetation is restored
within six months of initial disturbance.
**Temporary road buffer impacts depicted on the application as 1,348 square feet of Zone 1
and 2,356 square feet of Zone 2 (Feature shag005) is considered exempt impacts and does not
require written authorization from the Division provided that vegetation is restored within six
months of initial disturbance.
2. Temporary Road Restoration Plan
Vegetation must be restored to temporary road buffer impacts within six months of
disturbance. The Division of Water Resources will conduct a site inspection to verify
vegetation is restored to temporarily impacted buffers, (174,978 square feet of Zone 1 and
131,295 square feet of Zone 2 buffer impacts for temporary roads) as depicted in the
application dated June 23, 2017.
3. Diffuse Flow
As part of your application you have provided plans to achieve diffuse flow. All stormwater
must be directed and maintained as diffuse flow at non-erosive velocities through the
protected stream buffers such that it will not re -concentrate before discharging into a
stream. [15A NCAC 02H .0506(b)(5)]
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0501
and .0502].
5. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) priorto any land disturbing activities and must be maintained on the property until
the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c)]
6. 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 Buffer
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
Scotland Neck to South Justice Branch 115kV Transmission Line Project
DWR #17-0783
BUFFER APPROVAL
Page 4 of 5
sold, the new owner must be given a copy of this approval letter and is responsible for
complying with all conditions.
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
1508 by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). 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.
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 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 by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR —401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
Scotland Neck to South Justice Branch 1151<V Transmission Line Project
DWR #17-0783
BUFFER APPROVAL
Page 5 of 5
This letter completes the review of the Division under the Tar -Pamlico Buffer Rules as described
in 15A NCAC 02B .0259. Please contact Stephanie Goss at 919-791-4256 or
Steohanie.GOss@ncdenr.gov if yo have any questions or concerns.
Pre
ly,
1219
Z X
Danny S th
Supervisor, Water Quality -Regional Operations Section
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit file via Laserfiche
Laura Clark via e-mail at Laura.Clark@erm.com