HomeMy WebLinkAbout20140781 Ver 2_Approval Letter_20150116r .
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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