The URL can be used to link to this page

Home My WebLink About20140650 Ver 1_Approval Letter_20140822North Carolina Pat McCrory Governor PSNC Energy Attn: Whitney Waldrop, PE 800 Gaston Rd Gastonia, NC 28056 NCDENR Department of Environment and Natural Resources John E Skvarla, III Secretary August 22, 2014 DWQ # 14 -0650 Alamance /Orange County Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Jordan Riparian Buffer Impacts with Additional Conditions Line T -021B Pipeline Project Dear Mr Waldrop: You have our approval for the impacts listed below for the purpose described in your application dated June 24, 2014 and received by the Division of Water Resources — Water Quality Programs (Division) on June 25, 2014 and subsequent information on July 11, 2014, July 25, 2014, August 6, 2014, August 13, 2014 and August 22, 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 -50001 FAX 336 - 771 -46301 Customer Service 1- 877 - 623 -6748 Internet www ncwaterguality oiq An Equal Opportunity; Affirmative Action Employer PNG DWR# 14 -0650 401 /Buffer APPROVAL Page 2 of 5 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 Wetlands 0.064 acres 2.874 acres Streams 2,427 linear feet Buffers Zone 1— perpendicular crossings > 50 linear feet construction corridor with 30 foot maintenance corridor (Allowable Activity with Mitigation) Streams S21, S32 972 square feet 0 square feet Buffers — Zone 2 - perpendicular crossings > 50 linear feet construction corridor with 30 foot maintenance corridor (Allowable Activity with Mitigation) Streams S21, S32 695 square feet 0 square feet Buffers Zone 1— Other than perpendicular crossings (Allowable Activity with Mitigation) Streams S1, S4, S7, S23, 11,969 square feet 21 square feet S24, S28, S30, S31, S34, S38, S40 Buffers — Zone 2 - — Other than perpendicular crossings (Allowable Activity) Streams S1, S4, S7, S8, 10,837 square feet 1,301 square feet S23, S24, S28, S30, S31, S34, S38, S40 PNG DWR# 14 -0650 401 /Buffer APPROVAL Page 3 of 5 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. Updated impact maps shall be submitted for Drawings No.s: 58703337, 58703339 and 58703343 before impacts are initiated within the buffer areas depicted on the drawings. 4. 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: 5. For Stream Impact sites S1, S14, S17, S18, S18A, S23, S29, S30, S38 and S47 open cut /trench installation shall be conducted provided the applicant adheres to the environmental commitments outlined in the S &ME cover letter dated June 2014 and submitted to the Division on June 25, 2014 6. Construction Corridors shall be limited to 50 feet in all buffer areas and permanent maintenance corridors shall be limited.to 30 feet in all buffer areas. 7. At Stream Site 33, bridging shall be used for equipment access in areas where the stream parallels the pipeline and all stream banks shall be protected to the maximum extent practical. Stream dewatering techniques shall be utilized to avoid downstream sediment movement. Stream banks shall be reconstructed to match the original pattern and profile, and stabilized with erosion control matting for permanent stabilization. Any areas that are reconstructed will be visually monitored by a qualified person for a minimum of quarterly for one year after reconstruction. Impacts Requiring Compensatory Mitigation Buffer Basin / Sub -basin Buffer Jordan / Haw Zone 1 crossings 972 (square feet) Zone 2 crossings 695 (square feet) Zone 1 other 11,990 (square feet) than crossings 5. For Stream Impact sites S1, S14, S17, S18, S18A, S23, S29, S30, S38 and S47 open cut /trench installation shall be conducted provided the applicant adheres to the environmental commitments outlined in the S &ME cover letter dated June 2014 and submitted to the Division on June 25, 2014 6. Construction Corridors shall be limited to 50 feet in all buffer areas and permanent maintenance corridors shall be limited.to 30 feet in all buffer areas. 7. At Stream Site 33, bridging shall be used for equipment access in areas where the stream parallels the pipeline and all stream banks shall be protected to the maximum extent practical. Stream dewatering techniques shall be utilized to avoid downstream sediment movement. Stream banks shall be reconstructed to match the original pattern and profile, and stabilized with erosion control matting for permanent stabilization. Any areas that are reconstructed will be visually monitored by a qualified person for a minimum of quarterly for one year after reconstruction. PNG DWR# 14 -0650 401 /Buffer APPROVAL Page 4 of 5 8 This authorization exempts the Permittee from meeting Condition #16 and Condition #17 in the attached general certification for the width of construction and maintenance corridors. The construction and permanent maintenance corridor shall be limited to the width shown in the permit application documents. 9. This authorization exempts the Permittee from meeting Condition #10 in the attached general certification for alignment of utilities lines which cross streams. 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 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 PNG DWR# 14 -0650 401 /Buffer APPROVAL Page 5 of 5 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 cc: Crystal Fox, S &ME (via email) Craig Brown, USACE Raleigh Regulatory Field Office (via email) Kelly Williams, NCEEP (via email) DWR -WQP WSRO 401 files DWR -WQP Webscape Unit AriA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E Skvarla, III Governor Secretary North Carolina Division of Water Quality Jordan Buffer Authorization Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2B 0268, Whitney Waldrop of the PSNC Energy has permission as outlined below to fill or otherwise impact 12,962 square feet of Zone 1 and 695 square feet of Zone 2 of Jordan Lake Riparian Buffer to construct the proposed Line T021B Pipeline Project which is located in Alamance County and Orange 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 # 2014 -0650 SITE NAME Line T021B Pipeline Project LOCATION Swepsonville through Carrboro, NC vicinity COUNTY Alamance and Orange 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 12,962 square feet Zone 1 buffer 38,895 square feet buffer 695 square feet Zone 2 buffer 1043 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 2110503 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 1617 Mall Service Center, Raleigh, North Carolina 27699 -1617 Location 512 N Salisbury St Raleigh, North Carolina 27604 Phone 919 - 807 -63001 Fax 919 - 807 -6492 Internet www ncwaterguality orq An Equal OpportunityMmnative Action Employer