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HomeMy WebLinkAbout20130512 Ver 3_Approval Letter_20140703AZOLDW R North Carolina Department of Environment and Natural Resources Pat McCrory John E Skvarla, III Governor Secretary July 3, 2014 Piedmont Natural Gas Attn: Jim Kalish 4720 Piedmont Row Dr. Charlotte, NC 28210 DWQ # 13 -0512 v3 Guilford /Alamance County Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Jordan Riparian Buffer Impacts with Additional Conditions PNG Greensboro Reclamation Project b Dear Mr. Kalish: You have our approval for the impacts listed below for the purpose described in your original approval dated September 5, 2013, modification dated November 8, 2013, and current modification application dated June 11, 2014 and received by the Division of Water Resources — Water Quality Programs (Division) on June 17, 2014. 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 certification (s) or general permit and the following additional conditions: Winston -Salem Regional Office Location 585 Waughtown St Winston - Salem, North Carolina 27107 Phone 336 - 771 -5000 \ FAX 336- 771 -46301 Customer Service 1- 877 -623 -6748 Internet www ncwaterguality org An Equal Opportunity \ Affirmative Action Employer PNG DWQ# 13 -0512 v3 401 /Buffer APPROVAL Page 2 of 6 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) Brandt Ridge Drive 125 (linear feet) 404/401 Wetlands Site A 0.02 (acres) 0.13 (acres) Site B 0.04 (acres) 0.28 (acres) Hwy 61 HDD 0.013 (acres) 0.265 (acres) replacement 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, 32, 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, 13, 14, 15, 16, 17, restoration of buffer P1, 19, 20, 21, 22, 23, 24, 27, 28, 29, 34, 35, PNG DWQ# 13 -0512 v3 401 /Buffer APPROVAL r Page 3 of 6 36, 37, 38, 40, 41 Brandt Ridge Drive 2,585 square feet 4,582 square feet Hwy 61 HDD 599 square feet replacement Buffers - Zone 2 - - Otherthan perpendicular crossings (Allowable Activity) Streams 4, 5, 6, 7, 8, 12,404 square feet 0 square feet 9, 10, 13, 14, 15, 16, 17, 131, 19, 20, 21, 22, 23, 24, 27, 28, 29, 34, 35, 36, 37, 38, 40, 41 Brandt Ridge Drive 1,059 square feet 1,562 square feet Hwy 61 HDD 298 square feet replacement 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 Certifications) /Permit /Authorization and is responsible for complying with all conditions. PNG DWQ# 13 -0512 v3 401 /Buffer APPROVAL Page 4 of 6 I Mitigation must be provided for the proposed impacts as specified in the table below. The Division 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: 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. The Permittee shall replant the vegetation within temporarily disturbed areas and violation areas proposed for restoration associated with this project in an "in kind" manner immediately 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 Original approval - Jordan / Haw 47,625 ( square feet) Brandt Ridge Dr Modification — 7,755 square feet Hwy 61 HDD Replacement Modification —1797 square feet 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. The Permittee shall replant the vegetation within temporarily disturbed areas and violation areas proposed for restoration associated with this project in an "in kind" manner immediately 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 v3 401 /Buffer APPROVAL Page 5 of 6 6. The Permittee shall ensure that at the Brandt Ridge Drive Relocation restoration of the stream and temporarily disturbed buffer shall be conducted immediately upon completion of 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. The area shall be monitored for stream stability quarterly for one year or two bankful events, whichever is longer and any instability shall be reported to the Division's Winston Salem Regional Office immediately upon discovery. 7. The restoration of Wetland A, Wetland B, Stream 22 and Stream 23, in response to the 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. 8. 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 (NCAC) 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 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 150B 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 http: / /www.ncoah com/ or call the OAH clerk's office at (919) 431 -3000 for information. 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 may be 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. PNG DWQ# 13 -0512 v3 401 /Buffer APPROVAL Page 6 of 6 Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: 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. Sincerely, W Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures* GC 3884 Certificate of Completion cc: Joey Lawler, S &ME (via email) Dave Bailey, USACE Raleigh Regulatory Field Office (via email) Kelly Williams, NC EEP (via email) DWR -WQP WSRO 401 files DWR -WQP Webscape Unit North Carolina Division of Water Quality Joidan Buffer Authorization Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2B 0268, Jun Kalish of the Piedmont Natural Gas has permission as outlined below to fill or otherwise impact 15,875 square feet (original approval) and 2,585 square feet (Brandt Ridge Dr Modification) and 599 square feet (Hwy 61 HDD Replacement Modification) 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 v3 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 2,585 square feet Zone 1 buffer 7,755 square feet buffer 599 square feet Zone 1 buffer 1797 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 -50001 FAX 336 - 771 -46301 Customer Service 1- 877 -623 -6748 Internet www ncwaterquality org An Equal Opportunity \ Affirmative Action Employer NonrthCarolina A7Lltlltallk