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Home My WebLink About20130512 Ver 1_Approval Letter_20130905NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, II) Governor Director Secretary September 5, 2013 DWQ # 13-0512 Guilford/Alamance County Piedmont Natural Gas Attn: Jim Kalish 4720 Piedmont Row Dr. Charlotte, NC 28210 Subject: Approval of 401 Water Quality Certification with Additional Conditions i Approval of Jordan Riparian Buffer Impacts with Additional Conditions PNG Greensboro Reclamation Project Dear Mr. Kalish: You have our approval for the impacts listed below for the purpose described in your application dated May 10, 2013 and received by the Division of Water Resources- Water Quality Programs (Division) on May 14, 2013 and subsequent information on July 8, 2013, August 5, 2013, August 27, 2013 and September 4, 2013 . These impacts are covered by the attached Water Quality General Certification Number 3884, Jordan Buffer Rules and the conditions listed below. The General Certification allows you to use 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, and Water Supply Watershed regulations. 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 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)/Permit/Authorization and is responsible for complying with all conditions. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 Internet: www wwaterc14ity.or9 An Equal Opportunity 1 Affirmative Action Employer PNG DWQ# 13-0512 401/Buffer APPROVAL Page 2 of 5 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. _Type of Impact Amount Approved Amount Approved (Units) ;(units) Temporary Permanent Stream Site 1 15 (linear feet) 35 (linear feet) restoration Site 2 27 (linear feet) 52 (linear feet) restoration Site 3 66 (linear feet) 404/401 Wetlands Site A 0.02 (acres) 0.13 (acres) Site B 0.04 (acres) - 0.28 (acres) Buffers Zone 1- perpendicular crossings 40 linear feet with 30 foot maintenance corridor (Allowable Activity) Streams 1, 2, 3, 11, 12, 5,278 square feet 3,020 square feet 18, 25, 26, 30, 31, 321 33, 39 Buffers - Zone 2 - perpendicular crossings 40 linear feet with 30 foot maintenance corridor (Allowable Activity) Streams 1, 2, 3, 11, 4,673 square feet 0 square feet 12, 18, 25, 26, 30, 31, 32, 33, 39 Buffers Zone 1- Other than perpendicular crossings (Allowable Activity with Mitigation) , Streams 4, 5, 6, 7, 8, 9, 15,875 square feet 5,042 square feet - 10, 131 14, 15, 16, 17, restoration of buffer P1, 19, 20, 21, 22, 23, 24, 27, 28, 29, 34,35, 36, 37, 38, 40, 41 Buffers -Zone 2 -- Otherthan PNG DWQ# 13-0512 401/Buffer APPROVAL Page 3 of 5 perpendicular crossings. (Allowable Activity) Compensatory Mitigation Required Buffer Basin / Sub -basin Streams 4, 5, 6, 7, 8, 12,404 square feet .0 square feet 9, 10; 13, 14, 15, 16, 17, P1, 19, 20, 21, 22, 23, 24, 27, 28, 29, 34, 35, 36, 37, 38,40,.41 { 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 and. 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)/Permit/Authorization and is responsible for complying with all conditions. 3. Mitigation must be provided for the proposed impacts as specified in the table below. The.Divisi.on has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. Until the EEP 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 EEP to meet the following compensatory mitigation requirement: i 4: The plans provided along with the application depict clearing activities within Zone. 2 of the protected buffer where utility lines are parallel to a stream. This activity is designated as "allowable" under the Buffer Rule provided that fill is not placed in Zone 1, diffuse flow is maintained as per the Buffer Rule,. the disturbed areas are stabilized and re -vegetated, and the health of the existing vegetation in Zone 1 is not compromised 5. The Permittee shall replant the vegetation within temporarily disturbed areas and violation areas proposed for restoration associated with this project in an "in kind" mannerimmediately following construction. Restoration of trees/shrubs/forest' must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. Compensatory Mitigation Required Buffer Basin / Sub -basin Buffer -Zone 1 47,625 (square feet) Jordan /Haw 4: The plans provided along with the application depict clearing activities within Zone. 2 of the protected buffer where utility lines are parallel to a stream. This activity is designated as "allowable" under the Buffer Rule provided that fill is not placed in Zone 1, diffuse flow is maintained as per the Buffer Rule,. the disturbed areas are stabilized and re -vegetated, and the health of the existing vegetation in Zone 1 is not compromised 5. The Permittee shall replant the vegetation within temporarily disturbed areas and violation areas proposed for restoration associated with this project in an "in kind" mannerimmediately following construction. Restoration of trees/shrubs/forest' must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. PNG DWQ# 13-0512 401/Buffer APPROVAL Page 4 of 5 6. The restoration of Wetland A, Wetland B, Stream 22 and Stream 23, in response tothe violations noted in a March 25, 2013 NOV, shall occur within 60 days of issuance of this approval The restoration shall be in accordance with the Restoration Plan submitted with the May 2013 PCN. The Winston-Salem Regional Office shall be notified upon completion of the restorations. 7. Please be aware that by having impacted streams, wetlands and buffers without first applying for and securing the issuance of a 401 Water Quality Certification and Buffer Authorization, you have violated Title 15A of the North Carolina Administrative Code (N CAC) 2H .0500 and 15A NCAC .02B .0267. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the l i Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up ' to a maximum of $25,000.00 per day for each violation. This approval and its conditions are final and binding unless contested. This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings.at I http://www.ncoah.com/ or call the OAH clerk's office at (919) 431-3000 for information. ! i Within sixty (60) calendar days of receipt Of this Certification and Buffer, Authorization, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy along with any applicable filing fee is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition maybe faxed to the Office of Administrative Hearings at (919) 431-3100, provided the original and one copy of the petition along with any applicable filing fee is received by the Office of. Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 PNG DWQ# 13-0512 401/Buffer APPROVAL Page 5 of 5 One (1) copy of the petition must also be served to DEN R: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Quality under section 401 of the Clean Water Act and the Jordan Riparian Buffer Rules as described in 15A NCAC 02B .0267. Please contact Sue Homewood at 336-771-4964 or Sue.Homewood@ncdenr.gov if you have any questions or concerns a Sincerely, f � a i 1 t i W. Corey Basinger Regional Supervisor DWR Winston-Salem Regional Office Enclosures: GC 3884 Certificate of Completion i cc: Joey Lawler, S&ME (via email) Andy Williams, USACE Raleigh Regulatory Field Office (via email) DWR-WQP WSRO 401 files DWR-WQP Webscape Unit North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary North Carolina Division of Water Quality Jordan Buffer Authorization Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2B .0268, Jim Kalish of the Piedmont Natural Gas has permission as outlined below to fill or otherwise impact 15,875 square feet of Zone 1 of Jordan Lake Riparian Buffer to accomplish the proposed PNG Greensboro Reclamation Project which is located in Guilford and Alamance County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS AUTHORIZATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 2013-0512 SITE NAME: PNG Greensboro Reclamation Project LOCATION: Greensboro through Burlington, NC COUNTY Guilford/Alamance BASIN/ SUB BASIN Cape Fear (HUC: 03030002) – Haw River Subwatershed As required by 15A NCAC 2B .0268, and the conditions of this Authorization, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one- quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 15,875 square feet Zone 1 buffer 47,625 square feet buffer One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of the 401 Certification and Variance Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature ____________________________________________ Date ___________________ ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 707-8976 North Carolina Division of Water Resources, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-5000 \ FAX: 336-771-4630 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary North Carolina Division of Water Quality Jordan Buffer Authorization Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2B .0268, Jim Kalish of the Piedmont Natural Gas has permission as outlined below to fill or otherwise impact 15,875 square feet of Zone 1 of Jordan Lake Riparian Buffer to accomplish the proposed PNG Greensboro Reclamation Project which is located in Guilford and Alamance County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS AUTHORIZATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 2013-0512 SITE NAME: PNG Greensboro Reclamation Project LOCATION: Greensboro through Burlington, NC COUNTY Guilford/Alamance BASIN/ SUB BASIN Cape Fear (HUC: 03030002) – Haw River Subwatershed As required by 15A NCAC 2B .0268, and the conditions of this Authorization, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one- quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 15,875 square feet Zone 1 buffer 47,625 square feet buffer One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of the 401 Certification and Variance Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature ____________________________________________ Date ___________________ ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 707-8976 North Carolina Division of Water Resources, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-5000 \ FAX: 336-771-4630 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer