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Home My WebLink About20220345 Ver 2_Buffer Approval Letter_20221208DocuSign Envelope ID: 07C15785-9B7D-488D-8F50-5CC34DA7E309 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director December 8, 2022 NORTH CAROLINA Environmental Quality DWR # 20220345 V2 Person County Dominion Energy North Carolina Attn: Robert (Bob) Lepsic, PWS 2020 Energy Way Apex, NC 27502 (via email robert.lepsic@dominionenergy.com) Subject: APPROVAL OF TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS DENC Person County Pipeline Dear Mr. Lepsic: You have our approval for the impacts listed below for the purpose described in your application dated August 11, 2022, received by the Division of Water Resources (Division) August 11, 2022, with payment received August 15, 2022, and additional information received on the following dates: October 29, 2022 and November 11, 2022. These impacts are covered by the Tar -Pamlico 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. This revised approval replaces DWR#20220345 V1 approval certification dated June 10, 2022. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Tar -Pamlico River Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B Tar -Pamlico .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1: Utility Crossing — Stream SA* 1,881 (square feet) 1,239 (square feet) B2: Utility Crossing — Stream SC* 1,689 (square feet) 1,220 (square feet) B5: Utility Crossing — Stream SM* 1,953 (square feet) 1,285 (square feet) B6: Utility Crossing — Stream SK/OW1 Complex 3,776 (square feet) 3,519 (square feet) Buffers — Zone 2 B 1 : Utility Crossing — Stream SA* 1,260 (square feet) 1,281(square feet) B2: Utility Crossing — Stream SC* 1,329 (square feet) 989 (square feet) B3: Utility Crossing — Stream SF* 1,722 (square feet) 1,491 (square feet) B4: Utility Crossing — Stream SK* 0 (square feet) 430 (square feet) B5: Utility Crossing — Stream SM* 932 (square feet) 712 (square feet) B6: Utility Crossing — Stream SK/OW1 Complex 4,593 (square feet) 2,370 (square feet) *Deemed Allowable impacts that do not require written authorization from the Division. NORTH CAROLINA o�mm�M mro��l o�.i� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 07C15785-9B7D-488D-8F50-5CC34DA7E309 DENC Person County Pipeline DWR# 20220345 V2 Buffer Authorization Certificate Page 2 of 3 Compensatory Mitigation Using a Private 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 approved Bank Sponsor(s) Mogensen Mitigation Inc. [hereby known as Bank Sponsor(s)] for use of the following mitigation banks: Tar River Headwaters Riparian Buffer and Nutrient Offset Mitigation Bank for the Hagerty Pool (Lake Royale) project. 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 Certification shall occur. For accounting purposes, this Certification authorizes payment to the Bank Sponsor(s) to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (c)]: Compensatory Mitigation Required Bank Sponsor River & Sub -basin Number Buffer -Zone 1 3,776 (square feet) @ 3:1 Mogensen Mitigation Inc. Tar -Pam: 03020101 Total: 11,328 (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. 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 [15A NCAC 02B .0734]. 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] 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. 1:)1 Q4 NORTH CAROLINA nepnrhrerrt of Environmental Ouolny North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 07C15785-9B7D-488D-8F50-5CC34DA7E309 DENC Person County Pipeline DWR# 20220345 V2 Buffer Authorization Certificate Page 3 of 3 One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Depailinent 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 Certification in accordance with N.C.G.S 150B-23(a). This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20220345 V2 expires. This letter completes the review of the Division under the Tar -Pamlico River Riparian Buffer Rules as described in 15A NCAC 02B .0734. Please contact Zach Thomas at zachary.thomas@ncdenr.gov or 919- 791-4255 if you have any questions or concerns. Sincerely, DocuSigned by: c cdf UIu,satA, 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 Joey Lawler, S&ME, Inc (via email) DE Q 1 NORTH CAROLINA o�mm�Mm .��I o�.i� /� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200