HomeMy WebLinkAbout20220345 Ver 1_NBR Approval Letter_20220613DocuSign Envelope ID: 54596DF6-EB11-4467-B243-E7331 E7A4763
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
June 10, 2022
DWR # 20220345
Person County
Dominion Energy North Carolina
Attn: Robert Ley, PE
220 Operations Way, MC C221
Cayce, SC 29033
(via email Robert.ley@dominionenergy.com)
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
DENC Person County Pipeline
Dear Mr. Ley:
You have our approval for the impacts listed below for the purpose described in your application dated
March 3, 2022, received by the Division of Water Resources (Division) March 3, 2022, with payment
received March 7, 2022, and additional information received on the following dates: March 14, 2022;
March 24, 2022; April 19, 2022; and May 16, 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. f 15A NCAC 02B Neuse .0611(b)(2)1
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers —
Zone 1
B1: Utility
Crossing
— Stream SG*
1,889 (square feet)
1,230 (square feet)
132: Utility
Crossing
— Stream SN*
1,814 (square feet
1,212 (square feet
Buffers —
Zone 2
B 1: Utility
Crossing
— Stream SG*
1,264 (square feet
820 (square feet
132: Utility
Crossing
— Stream SN*
1,209 (square feet
806 (square feet
*Deemed Allowable impacts that do not require written authorization from the Division.
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)]
North Carolina Department of Environmental Quality I Division of Water Resources
4NORT�HCv Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTHCAROUNA 919.791.4200
Department ofEnvlronmantal Duali�
DocuSign Envelope ID: 54596DF6-EB11-4467-B243-E7331 E7A47133
DENC Person County Pipeline
DWR# 20220345
Buffer Authorization Certificate
Page 2 of 3
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 [15A 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 http://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#20220345 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
Depanmem of Envlmnmenml Dual
DocuSign Envelope ID: 54596DF6-EB11-4467-B243-E7331 E7A47133
DENC Person County Pipeline
DWR# 20220345
Buffer Authorization Certificate
Page 3 of 3
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(c-r�,ncdenr.gov if
you have any questions or concerns.
Sincerely,
Docu Signed by:
BCDA9D825D4A48D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: DWR 401 & Buffer Permitting via Laserfiche
Joey Lawler, S&ME, Inc (via email)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NoarHcnaouNn 919.791.4200
oepanmem or enrimnmenMl ouai�