HomeMy WebLinkAbout20140781 Ver 2_More Info Letter_20141215NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
December 15, 2014
DWQ # 14- 0781v2
Guilford County
CERTIFIED MAIL #7013 1710 0002 1865 5641
RETURN RECEIPT REQUESTED
PNG Energy
Attn: Jim Kalish
4720 Piedmont Row Drive
Charlotte NC 28210
Subject: REQUEST FOR ADDITIONAL INFORMATION
Gine 330 HDD Replacement Project
Dear Mr. Kalish:
On November 25, 2014, the Division of Water Resources — Water Quality Programs (Division)
received your application dated November 24, requesting a 401 Water Quality Certification and
Buffer Authorization from the Division for your project. The Division has determined that your
application is incomplete and cannot be processed. The application is on -hold until all of the
following information is received:
The Table of Uses within the Randleman Buffer Rules (15A NCAC 02B .0250(9)) states
that "Utility, non - electric, perpendicular crossings of streams and other surface waters
subject to this Rule; [that] Disturb greater than 40 linear feet but equal or less than 150
linear feet of riparian buffer with a maintenance corridor greater than 10 feet in width"
are categorized as "Allowable with Mitigation ". 15A NCAC 02B .0250(10)(c) states that
"Uses designated as allowable with mitigation may proceed provided that there are no
practical alternatives (see 15A NCAC 02B .0250(11) to the requested use...."
A file review of similar PNG project applications previously submitted to the Division,
and approved by the Division, and subject to Buffer Rules indicates that PNG has
previously determined that a 30 foot maintenance corridor is practical.
Please provide additional information which clearly justifies the necessity for greater
than 15 feet on either side of the gas line for the permanent maintenance corridor for
this project. The Division agrees with PNG's analysis that it is unjustified to leave a small
line of trees between the Duke ROW and the PNG ROW.
Winston -Salem Regional Office
Location: 585 Waughtown St, Winston Salem NC 27107 One
Phone: 336 - 771 -50001 FAX: 336 - 771 -46301 Customer Service: 1- 877 - 623 -6748 NorthCarolina
Internet: www.ncwaterquality.org 'j�']ahmil/ay
An Equal Opportunity 1 Affirmative Action Employer �/ y L `
PNG
DWQ# 14- 0781v2
Request for Additional Information
Page 2 of 2
2. Because the small stream channel runs parallel to the utility line for a significant length,
the Division is concerned with potential impacts to the stream channel during long term
maintenance within the corridor. Please provide additional information regarding long
term protection of the parallel tributary from maintenance equipment impacts and
destabilization.
Pursuant to Title 15A NCAC 02H .0502(e) and Title 15A NCAC 02B .0250, the applicant shall
furnish all of the above requested information for the proper consideration of the application.
If all of the requested information is not received in writing within 30 calendar days of receipt
of this letter, the Division will be unable to approve the application and it will be returned. The
return of this project will necessitate reapplication to the Division for approval, including a
complete application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three
copies of all of the above requested information to the Wetlands, Buffers, Stormwater —
Compliance and Permitting (Webscape) Unit, 1617 Mail Service Center, Raleigh, NC 27699-
1650.
Please be aware that you have no authorization under the Water Quality Certification Rules for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
Please contact me at 336- 771 -4964 or Sue. Homewood @ncdenr.gov if you have any questions
or concerns.
Sincerely,
Sue Homewood
Winston -Salem Regional Office
cc: Joey Lawler, S &ME (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR Webscape Unit