HomeMy WebLinkAbout20210364 Ver 1_Revised Buffer Approval Letter_20220719 (2)DocuSign Envelope ID: F78249C9-2977-450E-ADE5-C2946B183D89
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
July 15, 2022
Duke Energy
Attn: Tom Morris
4720 Piedmont Row Drive
Charlotte, NC 28210
(via email tom.morris2@duke-energy.com)
NORTH CAROLINA
Environmental Quality
DWR # 20210364
Wake County
Johnston County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
PNG Line 142 Pipeline
Dear Mr. Morris:
You have our approval for the impacts listed below for the purpose described in your application dated
January 7, 2022, received by the Division of Water Resources (Division) January 7, 2022, with payment
received January 12, 2022, and additional information received on the following dates: M April 1, 2022;
April 14, 2022; April 15, 2022; May 1, 2022; May 6, 2022; May 13, 2022; May 19, 2022; June 1, 2022;
June 15, 2022; July 5, 2022; and July 6, 2022. This Authorization replaces the Authorization issued
July 6, 2022. These impacts are covered by the Neuse River Buffer Rules and the conditions listed
below. 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.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including
incidental impacts. [ 15A NCAC 02B Neuse .0611(b)(2)]
NORTHCARCLINAD_E Q l
pm Delmem me of Envlmnnul Dual f
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: F78249C9-2977-450E-ADE5-C2946B183D89
PNG Line 142 Pipeline
DWR# 20210364
Buffer Authorization Certificate
Page 2 of 6
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 1
B 1: Utility
Crossing —
S 1
2,374 (square feet
2,626 (square feet
B2: Utility
Crossing —
S2
3,017 (square feet)
1,811 (square feet)
133: Utility
Crossing —
S3
3,839 (square feet
2,530 (square feet
134: Utility
Crossing —
S4
3,586 (square feet
832 (square feet
B5: Utility
Crossing —
S5
3,272 s uare feet
2,407 (square feet
B6: Utility
Crossing —
S6
0 (square feet
1,856 (square feet
137: Utility
Crossing —
S7
1,272 (square feet)
0 (square feet)
138: Utility
Crossing —
S8
1,273 (square feet
0 (square feet
B9: Utility
Crossing —
S9
1,207 (square feet
0 (square feet
B10: Utility
Crossing
— S10
1,439 (square feet
0 (square feet
B11: Utility
Crossing
— S11
1,331 (square feet)
0 (square feet
B12: Utility
Crossing
— S12
3,692 (square feet
2,952 (square feet
B13: Utility
Crossing
— S13/14
0 (square feet
5,432 (square feet
B14: Utility
Crossing
— S15
3318 (square feet
2321 (square feet
B15: Utility
Crossing
— S16
3313 (square feet
2100 (square feet
B16: Utility
Crossing
— S17
3456 (square feet)
1860 (square feet)
B 17: Utility
Crossing
— S 18
2405 (square feet
0 (square feet
B 18: Utility
Crossing
— S 19/20
5145 (square feet
2725 (square feet
B19: Utility
Crossing
— S21
3397 (square feet
1855 (square feet
B20: Utility
Crossing
— S22
3005 (square feet
1800 (square feet
1321: Utility
Crossing
— S23
3928 (square feet)
2556 (square feet)
B22: Utility
Crossing
— S24
6332 (square feet
2881 (square feet
B23: Utility
Crossing
— S25
3025 (square feet
1919 (square feet
B24: Utility
Crossing
— S26
3798 (square feet
3570 (square feet
B25: Utility
Crossing
— S27
3161 (square feet)
1904 (square feet)
B26: Utility
Crossing
— S28
3000 (square feet
1800 (square feet
B27: Utility
Crossing
— S29/30
3000 (square feet
1800 (square feet
B28: Utility
Crossing
— S31
3368 (square feet
2090 (square feet
B29: Utility
Crossing
— S32
1670 (square feet
2500 (square feet
B30: Utility
Crossing
— S33/34
3260 (square feet)
1799 (square feet)
B31: Utility
Crossing
— S35
3015 (square feet
3665 (square feet
B32: Utility
Crossing
— S36
3079 (square feet
2032 (square feet
B33: Utility
Crossing
— S37
842 (square feet
4055 (square feet
B34: Utility
Crossing
— NJ1
0 (square feet
3000 (square feet
B35: Utility
Crossing
— NJ2
3751 (square feet)
695 (square feet)
B36: Utility
Crossing
— NJ3
1201 (square feet
0 (square feet
B37: Utility
Crossing
— NJ4
3360 (square feet
3382 (square feet
B38: Utility
Crossing
— NJ5
3013 (square feet
2596 (square feet
B39: Utility
Crossing
— NJ6
3912 (square feet
5937 (square feet
B40: Utility
Crossing
— NJ7
3007 (square feet
3305 (square feet
B41: Utility
Crossing
— NJ8
678 (square feet
4180 (square feet
B42: Utility
Crossing
— NJ9
3090 (square feet
1854 (square feet
B43: Utility
Crossing
— NJ10
3178 (square feet
1908 (square feet
B44: Utility
Crossing
— NJl 1
3000 (square feet)
1800 (square feet)
NORTH CAROLINAD_ E Q I
oepanmem or en.imnmenmi MMeo�
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: F78249C9-2977-450E-ADE5-C2946B183D89
PNG Line 142 Pipeline
DWR# 20210364
Buffer Authorization Certificate
Page 3 of 6
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 2
B1: Utility
Crossing
— S1
1970 (square feet
2098 (square feet
B2: Utility
Crossing
— S2
2013 (square feet
1206 (square feet
B3: Utility
Crossing
— S3
2480 (square feet
1833 (square feet
134: Utility
Crossing
— S4
3722 (square feet)
2665 (square feet
135: Utility
Crossing
— S5
2695 (square feet
1437 (square feet
B6: Utility
Crossing
— S6
0 (square feet
1453 (square feet
B7: Utility
Crossing
— S7
847 (square feet
0 (square feet
B8: Utility
Crossing
— S8
848 (square feet
0 (square feet
139: Utility
Crossing
— S9
804 (square feet
0 (square feet
B 10: Utility
Crossing
— S 10
803 (square feet
0 (square feet
B 11: Utility
Crossing
— S 11
901 (square feet
0 (square feet
B12: Utility
Crossing
— S12
2649 (square feet
1566 (square feet
B13: Utility
Crossing
— S13/14
0 (square feet)
1309 (square feet)
B 14: Utility
Crossing
— S 15
2212 (square feet
704 (square feet
B15: Utility
Crossing
— S16
2291 (square feet
1385 (square feet
B 16: Utility
Crossing
— S 17
3149 (square feet
1516 (square feet
B17: Utility
Crossing
— S18
1301 (square feet
0 (square feet
B 18: Utility
Crossing
— S 19/20
2078 (square feet)
1341 (square feet)
B 19: Utility
Crossing
— S21
3318 (square feet
1162 (square feet
B20: Utility
Crossing
— S22
2003 (square feet
1600 (square feet
1321: Utility
Crossing
— S23
2194 (square feet
1669 (square feet
B22: Utility
Crossing
— S24
2487 (square feet
1515 (square feet
B23: Utility
Crossing
— S25
2656 (square feet)
1876 (square feet)
B24: Utility
Crossing
— S26
2356 (square feet
3496 (square feet
B25: Utility
Crossing
— S27
2107 (square feet
1268 (square feet
B26: Utility
Crossing
— S28
2000 (square feet
1200 (square feet
B27: Utility
Crossing
— S29/30
2000 (square feet)
1200 (square feet)
B28: Utility
Crossing
— S31
2261 (square feet
1361 (square feet
B29: Utility
Crossing
— S32
985 (square feet
1300 (square feet
B30: Utility
Crossing
— S33/34
2160 (square feet
1307 (square feet
B31: Utility
Crossing
— S35
2995 (square feet
1480 (square feet
B32: Utility
Crossing
— S36
2066 (square feet)
1372 (square feet)
B33: Utility
Crossing
— S37
743 (square feet
3983 (square feet
B34: Utility
Crossing
— NJ1
0 (square feet
2000 (square feet
B35: Utility
Crossing
— NJ2
2508 (square feet
468 (square feet
B36: Utility
Crossing
— NJ3
801 (square feet
0 (square feet
B37: Utility
Crossing
— NJ4
2241 (square feet)
2241 (square feet)
B38: Utility
Crossing
— NJ5
2009 (square feet
2470 (square feet
B39: Utility
Crossing
— NJ6
2614 (square feet
3519 (square feet
B40: Utility
Crossing
— NJ7
2005 (square feet
2207 (square feet
1341: Utility
Crossing
— NJ8
610 (square feet)
2628 (square feet)
B42: Utility
Crossing
— NJ9
2060 (square feet
1236 (square feet
B43: Utility
Crossing
—NJ10
2119 (square feet
1271 (square feet
B44: Utility
Crossing
— NJI 1
2000 (square feet
1200 (square feet
NORTHCAROLINAD_E Q� I
Deparhnero of Environmental Quay
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: F78249C9-2977-450E-ADE5-C2946B183D89
Compensatory Mitigation Using a Private Mitigation Bank
PNG Line 142 Pipeline
DWR# 20210364
Buffer Authorization Certificate
Page 4 of 6
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the approved Bank Sponsor(s) Environmental Banc & Exchange, LLC
(EBX), Wildlands Holdings II, LLC, and Wildlands Holdings III, LLC [hereby known as Bank
Sponsor(s)] for use of the following mitigation banks to partially meet this mitigation requirement: RES
2022 Neuse Umbrella Mitigation Bank: Thunder Swamp Site, Old Savannah Nutrient Offset & Buffer
Bank, Cox Pond Mitigation Bank Parcel, Long Pond Mitigation Bank Parcel, Moccasin Creek Mitigation
Bank Parcel, Thoroughfare Swamp Mitigation Bank Parcel, Sassarixa Swamp Mitigation Bank Parcel,
and Grantham Branch Nutrient Offset & Buffer Mitigation Bank. Until the Bank Sponsor(s) receives and
clears your payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization shall occur. For accounting purposes, this Authorization authorizes payment to the Bank
Sponsor(s) to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (c)]:
Compensatory
Bank Sponsor
River & Sub -basin
Mitigation Required
Number
Buffer -Zone 1
100,388
EBX, LLC
Neuse: 0302020 1 -Outside
(square feet
Falls Lake Watershed
Buffer -Zone 1
265,014
Wildland Holdings II, LLC
Neuse: 03020201-Ouside
(square feet)
and/or
Falls Lake Watershed
Wildland Holdings III, LLC
Total:
365,402 (square feet
Total Needed:
575,700 (square feet
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
Compensatory Mitigation Using the Division ofMitiQation Services
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation
requirement. Until the DMS 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 DMS to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory
Mitigation Required
Bank Sponsor
River & Sub -basin Number
Buffer -Zone 1
3:1
70,100 (square feet)
DMS
Neuse: 0302020 1 -Outside Falls
Lake Watershed
Buffer -Zone 2
(1.5:1)
0 (square feet)
DMS
Neuse: 03020201-Ouside Falls
Lake Watershed
Total Credits:
210,300 (square feet
Total Needed:
575,700 (square feet
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
vRaleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
Depmimem of Envlmn—WI Doe6�
DocuSign Envelope ID: F78249C9-2977-450E-ADE5-C2946B183D89
PNG Line 142 Pipeline
DWR# 20210364
Buffer Authorization Certificate
Page 5 of 6
state's antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
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 this Authorization Certificate. If you change your
project, you must notify the Division and you may be required to submit a new application package. If
the property is sold, the new owner must be given a copy of this Authorization Certificate and is
responsible for complying with all conditions. [ 15A NCAC 02B .0611(b)(2)]
If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules [I 5A NCAC
02B .0714]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms
may be accessed at hiip://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR#20210364 expires.
This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does
it create any prescriptive right or any right of priority regarding any usage of water. This Authorization
Certificate shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization
Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
North Carolina Department of Environmental Quality I Division of Water Resources
v Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
Depmimem of Envlmn—Ul Doe6�
DocuSign Envelope ID: F78249C9-2977-450E-ADE5-C2946B183D89
PNG Line 142 Pipeline
DWR# 20210364
Buffer Authorization Certificate
Page 6 of 6
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0714. Please contact Colleen Cohn at 919-791-4258 or Colleen. Cohn(kncdenr. gov if
you have any questions or concerns.
Sincerely,
DocuSigned by:
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: DWR 401 & Buffer Permitting via Laserfiche
Suzanne Herron, Energy Land & Infrastructure, PLLC (via email)
Gabriela Garrison, NC Wildlife Resources Commission (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
v Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA � 919.791.4200
Depanmem of Envlmn—Ul Duab�