HomeMy WebLinkAbout20140510 Ver 1_Approval Letter_20140606NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Jim Kalish
Piedmont Natural Gas
4720 Piedmont Row Dr.
Charlotte, NC 28210
John E. Skvarla, III
Secretary
June 6, 2014
DWQ# 14 -0510
Mecklenburg County
Subject: Approval Of 401 Water Quality Certification and Catawba Buffer Authorization with
Additional Conditions, PNG Lake Wylie Crossing
Dear Mr. Kalish:
You have our approval, in accordance with the general certification and those conditions
listed below, for the purpose described in your application dated May 21, 2014 and received by the
Division of Water Resources (the Division) on May 28, 2014. After reviewing your application, we
have determined that N.C. Division of Water Quality (DWQ) General Water Quality Certifications
Numbers 3898 and 3884 covers the impacts (a copy can be found at:
http: / /Portal.ncdnr.org /web /wq /ws. This Certification allows you to use Regional General Permit
No. 198200030 when issued to you by the US Army Corps of Engineers (USACOE). In addition,
you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project, including (but not limited to) those required by Erosion and
Sediment Control, Non - Discharge, Duke Power, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit
expires unless otherwise specified in the General Certification. .
This approval requires you to follow the conditions listed in the attached Certification and
any additional conditions listed below.
1. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2. Approved Impacts:
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919 - 807 -63001 Internet: www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper
Amount Approved (Units)
Permanent
Amount Approved (Units)
Temporary
Plan Location
or Reference
Buffer — Zone 1
833 (sq ft)
3,720 (sq ft)
Buffer — Zone 2
470 (sq ft
2,618 (sq ft
Total
1,303 (sq ft)
6,338 (sq ft)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919 - 807 -63001 Internet: www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper
3. This approval is for the purpose and design that you described in your application. If you
change your project, you must notify this Office and you may be required to submit a new
application.
4. All staging shall including spoil and construction material shall occur outside of the buffer to the
maximum extent practicable.
5. All stormwater shall be directed as diffuse /sheet flow (not piped) at non - erosive velocities
through the protected lake /stream buffer and will not re- concentrate before discharging into the
lake /stream as identified within 15A NCAC 2B .0243(5).
6. Mitigation is required. See attachment.
7. Upon completion of all work approved by this 401 Water Quality Certification, and any
subsequent approved modifications, the applicant is required to return the attached Certificate
of Completion form to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and /or civil penalties. If you do not accept any of the conditions of this
Certification (associated with the approved wetland or stream impacts), you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask
for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes, to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699 -6714. This Certification and its conditions are final and binding unless you ask for a
hearing. Any disputes over determinations regarding this Authorization Certificate (associated with
the approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act and the Catawba Riparian Buffer Rule as described within 15A NCAC 2B .0243.
If you have any questions, please telephone Alan Johnson at 704 - 663 -1699.
Sincerely,
for Thomas A. Reeder
Enclosure
cc: Karen Higgins, Wetlands Unit
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006
DWQ# 14 -0510
14 -0510
NORTH CAROLINA - DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, the Piedmont Natural Gas has permission as
outlined below to impact 1,303 ft2 of Zone 1 and 6,338 ft2 of Zone 2 of the Catawba Riparian Buffer
in order to complete the proposed project in Mecklenburg County, North Carolina. All activities
associated with these authorized impacts must be conducted with the conditions listed in the
attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN /SUBBASIN
Impacts:
1,303 ft2 — Zone 1
6,338 ft2 — Zone 2
Voyager Rd /Marietta Rd.
Mecklenburg
Catawba (0305010 1)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation
of wetlands as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement
Program must be rounded to the nearest foot and acreage requirements must be rounded to one -
quarter acre increments according to 15 2r .0503(b).
Mitigation:
833 square feet of buffer mitigation by the EEP is required for the Catawba Buffer Authorization. In
correspondence dated May 13, 2014, the EEP indicated that up to 833 square feet of buffer
mitigation would be conducted, by EEP if available within the cataloging unit. More square footage
may be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you
choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the
address listed 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 EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER RESOURCES
1652 Mail Service Center
RALEIGH, N.C. 27669 -1652