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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�