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HomeMy WebLinkAbout20200501 Ver 1_Approval Letter_20200414ROY COOPER Covcrrnnr MICHAEL S. REGAN Secreaary S. DANIEL SMITH Director May 14, 2020 Piedmont Natural Gas Attn: Kelsey Pace 4720 Piedmont Row Drive Charlotte, NC 28210 NORTH CAROLINA Environmental Quality DWR #20-0501 Edgecombe County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0259) WITH ADDITIONAL CONDITIONS Line 125-Kingsboro Road Dear Ms. Pace: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on April 13, 2020 with payment received on April 17, 2020. The impacts are covered by the attached General Water Quality Certification Number 4139 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 18 once it is issued to you by the U.S. Army Corps of Engineers (USACE). 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 follow the conditions listed in the enclosed certification 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, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. North Carolina Deparrment of Environmental Quality Division of 1Nater Resources ,:�,D_E Raleigh Regional Office 13800 f arrett Vhivc Raleigh. North Caruiina 21UO9 n.wl,m.�<i l,n:,nnery ow� 40'-' 9fn 791.4200 Line 125-Kingsooro Road DWR #20-0501 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland W1: Pipeline Installation 0.040 (acres) 0 (acres) Stream S1: Pipe Installation 0 (linear feet) 40 (linear feet) Buffers — Zone 1 62: Pipeline installation 0 (square feet) 7,625 (square feet) Buffers — Zone 2 B1: Pipeline installation 0 (square feet) 7,834 (square feet) 2. 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 02B .0233(8)] 3. Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the DMS to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Required Bank Sponsor River & Sub -basin Number Buffer -Zone 1 22,875 (square feet) NC DMS Tar-Pamlico-03020101 Buffer -Zone 2 11,751 (square feet) NC DMS Tar-Pamlico-03020101 Total: 34,626 (square feet) 4. The permittee shall report to the Raleigh 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, Line 125-langsboro Road DWR #20-0501 401 AND BUFFER APPROVAL Page 3 of 4 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. S. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [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 Certification and 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 sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S.143-215.5] This Certification and Buffer Authorization can be contested as provided in 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 httwww.ncoa h.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 8:00am 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: !f sending by First Class Mail !f sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Line 125-IGngsboro Road DWR #20-0501 401 AND BUFFER APPROVAL Page 4 of 4 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: Paul Wojoski NC DWR-401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 !f sending via delivery service (e.g. UPS, FedEK): Paul Wojoski NC DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosure: GC 4139 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste.105; Wake Forest, NC 27597 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit via Laserfiche Christopher Kul via e-mail at ckul@kleinfelder.com