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HomeMy WebLinkAbout20110877 Ver 4_Approval Letter_20141117NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 17, 2014 Piedmont Natural Gas Attn: Roberto Cisneros 4720 Piedmont Row Drive Charlotte, NC 28210 John E. Skvarla, III Secretary DWR # 11- 0877v4 Wilson County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS PNG Wilson Line 40A Dear Mr. Cisneros: You have our approval for the impacts listed below for the purpose described in your application dated October 31, 2014 and received by the Division of Water Resources (Division) on November 5, 2014. These impacts are covered by the attached Water Quality General Certification Number 3884 and the conditions listed below. This certification is associated with the use of 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 401 Certification and Buffer Authorization replace the 401 Certification and Buffer Authorization issued to you on July 21, 2014. Wetland impacts at Sites A, B, D, E and F have been revised; stream impacts at Sites 1 and 2 have been revised; and riparian buffer impacts at Sites 1, 2, 6, and 7 have been revised. - This approval requires you to follow the conditions listed in the enclosed certification 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 and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] and 15A NCAC 02B .0233(8)] NorthCarol Naturali North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Customer Service Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1- 877 - 623 -6748 An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper PNG Wilson Line 40A DWR# 11- 0877v4 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland 0 (acres) 0.126 (acres) Site A Wetland 0.041 (acres) 1.202 (acres) Site B Wetland 0 (acres) 0.296 (acres) Site D Wetland 0 (acres) 0.378 (acres) Site E Wetland 0 (acres) 0.133 (acres) Site F Stream 0 (linear feet) 40 (linear feet) Site 1 Stream 0 (linear feet) 50 (linear feet) Site 2 Stream 0 (linear feet) 40 (linear feet) Site 3 Stream 0 (linear feet) 37 (linear feet) Site 6 Stream 0 (linear feet) 2 (linear feet) Site 7 Buffers — Zone 1 2,403 (square feet) 0 (square feet) Site 1 Buffers — Zone 2 1,580 (square feet) 0 (square feet) Site 1 Buffers —Zone 1 2,485 (square feet) 611 (square feet) Site 2 Buffers — Zone 2 727 (square feet) 1,466 (square feet) Site 2 Buffers — Zone 1 1,410 (square feet) 1,705 (square feet) Site 6 Buffers — Zone 2 885 (square feet) 1,084 (square feet) Site 6 Buffers — Zone 1 4,827 (square feet) 2,720 (square feet) Site 7 Buffers —Zone 2 8,896 (square feet) 674 (square feet) Site 7 PNG Wilson Line 40A DWR# 11- 0877v4 401 AND BUFFER APPROVAL Page 3 of 5 1. Compensatory Mitigation Using a Mitigation Bank* Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the EBX Mitigation Bank to meet this mitigation requirement. Until the EBX Mitigation Bank 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 EBX Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Mitigation Provider Type of Impact Compensatory Mitigation River and Sub - basin Number EBX Buffer 5,952 (square feet) Neuse /03020203 *The original buffer impacts associated with the November 22, 2011 buffer authorization required 20,421 credits which were obtained from Greene Environmental Services. The additional impacts associated with DWR #11 -0877 v4 require the purchase of an additional 5,952 credits. 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] 3. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 4. 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 Buffer 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 and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 5. 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 PNG Wilson Line 40A DWR# 11- 0877v4 401 AND BUFFER APPROVAL Page 4 of 5 General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). 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. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 5:00pm, 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 by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx): 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: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR -DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233 . Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. PNG Wilson Line 40A DWR# 11- 0877v4 401 AND BUFFER APPROVAL Page 5 of 5 jSincer y, Danny Smith Supervisor, Water Quality Regional Operations Section Enclosures: GC 3884 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 DWR RRO 401 Files Joey Lawler; S &ME, Inc.; 9751 Southern Pine Blvd.; Charlotte, NC 28723