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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