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HomeMy WebLinkAbout20140781 Ver 2_Approval Letter_20150116r . t * !4 fC&DE North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 16, 2015 . DWR #.14-0781 v2 Guilford County Piedmont Natural Gas Attn: Jim Kalish 4720 Piedmont Row Dr. Charlotte, NC 28210 Subject: APPROVAL OF 401, WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS APPROVAL of Randleman Lake RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS PNG Line 330— Line Replacement Project Dear Mr. Kalish: You have our approval for the impacts listed below for the purpose described in your application dated November 24, 2014,.received by the Division of Water Resources (Division) November 25, 2014, with subsequent information on January 6, 2015. The approval (DWR#14- 0781) issued, by the Division on August 21, 2014 remains valid for original portions 'of this project. These impacts are covered by the attached Water Quality General Certification Number 3884, the Jordan Lake Riparian Buffer Rules 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 approval requires you'to follow the conditions listed in the enclosed certifications) or general permit 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 .050(9)) Winston-Salem Regional Office Location: 450 W. Hanes Mill Rd, Suite 300. Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-97971 Customer Service: 1-877-623-6748 Internet: http:!/portal.ncdenr.org/web/wq/ws An Equal Opportunity 1 Affirmative Action Employer PNG Energy . DWR# 14-0781x2 401/Buffer APPROVAL Page 2 of 4 Impact Area Temporary/Permanent Impact Amount 404/401 Wetlands Temporary 0.13 acres Streams Temporary 27 linear feet Zone 1 Buffers Permanent 11,958 square feet Zone 1 Buffers Temporary 9,960 square feet Zone 2 Buffers Permanent 2,093 square feet Zone 2 Buffers Temporary 4,708 square feet 2. 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/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(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. Until the EEP 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 EEP to meet the following compensatory mitigation requirement [15A NCAC 02B.0250(9)]: 4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they -will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0250(9)] 5. 'During construction and permanent long term Right -of -Way maintenance, all vegetation within 10 feet of the top of bank of the stream shall be cleared by hand and vegetative root systems shall be left intact to maintain the integrity of the soil. [15A NCAC 02B .0250(9)] Impacts Requiring Buffer Basin / Sub -basin Compensatory Mitigation Buffer, Zone 1 other 11;958 (square feet) Randleman than crossings 4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they -will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0250(9)] 5. 'During construction and permanent long term Right -of -Way maintenance, all vegetation within 10 feet of the top of bank of the stream shall be cleared by hand and vegetative root systems shall be left intact to maintain the integrity of the soil. [15A NCAC 02B .0250(9)] i PNG Energy DWR# 14-0781v2 401/Buffer APPROVAL Page 3 of 4 This approval and its, conditions are final.and binding, unless contested. [G.S. 143-215.51 This Certification/Buffer Authorization can be contested as. provided -in Articles 3 and: 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office. of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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. 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center. 1711 New Hope Church Road Raleigh, NC 27699-6714 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 PNG Energy DWR# 14-0781v2 401/Buffer APPROVAL Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act and the Randleman Riparian Buffer Rules as described in 15A NCAC 02B .0250. Please contact Sue Homewood at 336-771-4964 or sue.homewood@ncdenr.gov"if you have any questions or concerns. Sincerely, 4WW. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: . GC 3884 cc: Joey Lawler, S&ME (via email). David Bailey, USACE. Raleigh Regulatory Field Office (via email) DWR WSRO 401 files. DWR 401 & Buffer Permitting Unit N ®E R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary North Carolina Division of Water Quality Randleman Buffer Authorization Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2B .0250, Jim Kalish of the Piedmont Natural Gas has permission as outlined below to fill or otherwise impact 11,985 square feet of Zone 1 of Randleman Lake Riparian Buffer to accomplish the proposed PNG Line 330 Replacement Project which is located in Guilford County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS AUTHORIZATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWR PROJECT #: 2014-078lv2 SITE NAME: PNG Line 330 Replacement Project LOCATION: Jamestown, NC COUNTY Guilford . BASIN/ SUB BASIN Cape Fear (HUC: 03030003) As required by 15A NCAC 2B .0250, and the conditions of this Authorization, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one- quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15.2R.0503(b). Impacts Mitigation 11,958 square feet Zone 1 buffer 135,874 square feet buffer One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of the 401 Certification and Variance Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 707-8976 North Carolina Division of Water Resources, Winston-Salem Regional Office Location: 450 W. Hanes Mill Rd, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-97971 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer