HomeMy WebLinkAbout20121023 Ver 1_Approval Letter_20140909NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
September 9, 2014
Piedmont Natural Gas
Dave Vena, P.E.
4720 Piedmont Row Drive
Charlotte, NC 28210
DWR # 12 -1024 Ver. 5
Pitt - Beaufort County
Subject: REVISION OF APPROVAL FOR 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Project: PNG Line 42 Replacement Project, Phase 1
Tar River Basin, Tar River
Dear Mr. Vena:
You have our approval for the additional impacts listed below for the purpose described in your
application modification request dated August 14, 2014 and received by the Division of Water
Resources (Division) August 18, 2014. These impacts are covered by the attached Water
Quality General Certification Number 3884 (GC 3884). This General Certification (s) allows you
to use Nationwide Permit(s) 12 when issued by the US 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 or general
permit 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 are meta No other,impacts are approved,
including incidental impacts.
401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919907 -63011 FAX: 919 -807 -6494
Internet: http: / /portal.ncdenr.org /web /wq /ws
An Equal Opportunity 1 Affirmative Action Employer
PNG Line Replacement Project, Phase 1
Dave Vena, P.E.
September 9, 2014
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent.
Amount Approved
(units)
Temporary
Stream
Site 1
(linear feet)
915 (linear feet)
404/401 Wetlands
Site 1
0.03 (acres) Fill
(acres)
Coastal Wetlands
Site 1
(acres)
(acres)
Open Waters
Site 1
(acres)
(acres)
Buffers —Zone 1
Site 1
3,174 (square feet)
32,850 (square feet)
Buffers — Zone 2
Site 1
10,930 (square feet)
28,029 (square feet)
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 /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) and is responsible for complying with all conditions.
3. Diffused Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non -
erosive velocities through the protected stream buffers and will not re- concentrate
before discharging into the stream as identified within 15A NCAC 2B.0259(5).
4. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below.
We understand that you intend to purchase credits from the Greene Environmental
Services, LLC (GES) Mitigation Bank for Pitt and Beaufort County as described in your
application to meet this mitigation requirement. Our records show that the GES
Mitigation Bank is available for credit release for your project. This contribution has
been determined by the DWR to be a suitable method to meet the mitigation
requirement. Until the GES Mitigation Bank receives and clears your check, 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 into the GES Mitigation Bank to meet the following compensatory
mitigation requirement:
PNG Line Replacement Project, Phase 1
Dave Vena, P. E.
September 9, 2014
Page 3 of 4
* 5,802 square feet of Zone 1 Riparian Buffer credits have already been purchased leaving a
balance of 3,720 square feet.
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight /Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699 - 1650.
This approval and its conditions are final and binding unless contested.
This Certification 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
(hereby known as OAH) within sixty(60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.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 S:OOpm, 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:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh', INC 27699 -6714
If sending via delivery service (UPS, Fed Ex, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
Compensatory Mitigation
Required
River and Sub -basin
Number
Stream
(feet)
Wetlands
(acres)
Waters
(acres)
Riparian Buffer *
9,522 (square feet) Zone 1
TAR 05 — 03020103
* 5,802 square feet of Zone 1 Riparian Buffer credits have already been purchased leaving a
balance of 3,720 square feet.
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight /Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699 - 1650.
This approval and its conditions are final and binding unless contested.
This Certification 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
(hereby known as OAH) within sixty(60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.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 S:OOpm, 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:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh', INC 27699 -6714
If sending via delivery service (UPS, Fed Ex, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
PNG Line Replacement Project, Phase 1
Dave Vena, P.E.
September 9, 2014
Page 4 of 4
1601 Mail Service Center
Raleigh, INC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Roberto Scheller by phone at 252 - 948 -3940 or by email at
roberto.scheller @ncdenr.gov if you have any questions or concerns.
Sincerely,
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Enclosures: GC 3884
Certification of Completion
cc: Joey Lawler, P.W.S., 5 &ME, email: jlawler @smeinc.com
William Wescott, USACE, Washington Regulatory Field Office
DWR401 & Buffer Permitting Unit
File