20200402 Ver 1_NC_DEMLR_EMAIL_AUTHROIZATION_20200324

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Joey Lawler
From:Hall, Rhonda B <[e-mail]>
Sent:Wednesday, February 5, 2020 1:09 PM
To:Joey Lawler
Subject:RE: [External] FW: Update to PNG Emergency Gas Line Leak - Line 99
Joey,
Based on the information provided, this appears to be an emergency repair. Please ensure that the conditions of 15A
NCAC 04B.0130 listed below are met.
15A NCAC 04B .0130 EMERGENCIES
Any person who conducts an emergency repair essential to protect human life, that constitutes a land-disturbing activity within
the meaning of G.S. 113A-52(6) and these Rules:
(1) shall notify the Commission of such repair as soon as reasonably possible, but in no event later than five working
days after the emergency ends; and
(2) shall take all reasonable measures to protect all public and private property from damage caused by such repair
as soon as reasonably possible, but in no event later than 15 working days after the emergency ends.
History Note: Authority G.S. 113A-52.01(4); 113A-54(b);
Eff. October 1, 1995.
Rhonda Hall
Regional Engineering Associate
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
Land Quality Section, Wilmington Regional Office
[phone] Office
[e-mail]
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Joey Lawler <[e-mail]>
Sent: Wednesday, February 05, 2020 10:14 AM
To: Hall, Rhonda B <[e-mail]>
Cc: Moody, Todd <[e-mail]>; DePalma, Alicia <[e-mail]>; Bynum,
Pinkney <[e-mail]>; Stroupe, Matthew B <[e-mail]>
Subject: [External] FW: Update to PNG Emergency Gas Line Leak - Line 99
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CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Dear Rhonda – thanks for speaking with me earlier.
I’m forwarding you an email description of the work Duke will be conducting for the leak at Line 99 (see email chain
below). As we discussed, they plan to repair the leak and should be able to do so with less than 1.0 acre of land
disturbance. However, the project has evolved and may entail replacement of more pipe, and additional repairs for
access and to the existing easement. They won’t know the extent of the necessary repairs until the pipe is exposed and
inspected.
As I understand from our conversation, an “after the fact” E&SC Plan will be required once the amount of disturbance is
determined – but for the time being, they can proceed with accessing and repairing the leak.
Thanks for your assistance and I’ll keep you updated as the project moves forward - j
Joey Lawler, PWS
Natural Resources Project Manager
S&ME
9751 Southern Pine Blvd.
Charlotte, NC 28273
O: 704.523.4726
M: 704.604.6474
www.smeinc.com
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From: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, February 5, 2020 7:12 AM
To: Joey Lawler <[e-mail]>
Cc: Wells, Emily <[e-mail]>; [e-mail]; DePalma, Alicia <Alicia.DePalma@duke-
energy.com>; Moody, Todd <[e-mail]>; Bynum, Pinkney <[e-mail]>;
Stroupe, Matthew B <[e-mail]>
Subject: RE: Update to PNG Emergency Gas Line Leak - Line 99
Joey,
We can put this project under a NWP 12 (Utility Line) for a after the fact permit.
Keep in mind even with the NWP 12 if forested wetlands are impacted, those impacts may have to be mitigated for. (if
the impacted area is going to remain as a mowed and maintained easement)
Sounds like Ms. Wells is ok with the additional 30' wide easement.
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I'll go ahead and attach the PCN (Pre-construction Notice), so you can start working on the after the fact permit
application.
Get the work done, then we'll deal with the permit action. Just make sure to keep impacts to a minimum, monitor for
RCW trees and habitat, and install silt fence and erosion control measures where necessary.
Thanks for checking in with me,
Gary
-----Original Message-----
From: Joey Lawler [mailto:[e-mail]]
Sent: Monday, February 3, 2020 11:03 AM
To: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Cc: Wells, Emily <[e-mail]>; [e-mail]; DePalma, Alicia <Alicia.DePalma@duke-
energy.com>; Moody, Todd <[e-mail]>; Bynum, Pinkney <[e-mail]>;
Stroupe, Matthew B <[e-mail]>
Subject: [Non-DoD Source] Update to PNG Emergency Gas Line Leak - Line 99
Gary - as a follow-up to my call of late last week:
It looks as though PNG will need to acquire an additional 30' of temporary workspace adjacent to their existing 20'
maintained easement. Apparently their easement directly abuts the cleared DOD railway easement to the west - so they
cannot use any of it and will need to use the wooded area to the east. To conduct the work and install the by-pass (the
line is a one-way feed to Southport) they will need the additional 30' for approximately 300' south of the leak and 100'
to the north, as depicted by the attached KMZ. Since that area consists of wetlands, approximately 0.27 acre will be
temporarily impacted. They plan to use an existing, well-maintained access road to come in from Funston Rad SE.
Depending on the condition of the pipe, they may need to extend the 30' back to the access road, but this is not
anticipated at this point.
We visited the site Thursday and I conducted a more-thorough assessment for potential RCW. I did not observe any
nesting trees within the 30' area. Most of the pine trees were smaller loblolly, although some larger pond pines were
present in the wetland area. Otherwise, the understory of the area they need to clear consists of relatively dense,
pocosin-like vegetation. The high ground areas further north towards the existing access road could be considered
foraging habitat, but much of the area has been disturbed already, and the trees are not that large. I have attached
some photos, as requested.
Because the project will now involve mechanized land clearing of forested wetlands, we would typically provide a PCN in
advance. However, per our previous conversation, we intend to submit the PCN "after-the-fact" if necessary. Given the
urgency of this project and the proximity of the leak to important government infrastructure (the DOD railroad),
Piedmont plans to begin work as soon as possible. They have assigned an experienced full-time environmental inspector
to the project, and will comply with the applicable conditions of NWP-12 and GC 4133, including restoration of the
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affected area upon completion.
Please let me know what additional information you may need in the interim, or if you need to conduct a site visit.
Otherwise, we will document all associated wetland impacts and conduct a post-construction review of the area for
compliance.
Thanks again for your continued assistance with this important project - j
________________________________
Joey Lawler, PWS
Natural Resources Project Manager
<Blockedhttp://www.smeinc.com/>
S&ME
9751 Southern Pine Blvd.
Charlotte, NC 28273
O: 704.523.4726
M: 704.604.6474
Blockedwww.smeinc.com <Blockedhttp://www.smeinc.com/>
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