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HomeMy WebLinkAbout20160096 Ver 1_Buffer Determination_20160323 (2)N Y .. Al .... E/I/Pl Not Subject V�Ea Start@ P i Soil USGS Survey Topo g '.�✓asap X�soclrces ENVIRONMENTAL 6UALI7Y March 23, 2016 Piedmont Natural Gas Attn: Mr. Jim Kalish 4720 Piedmont Row Drive Charlotte, NC 28210 Subject Property: Line 254 PAT MCCRORY c"vamo DONALD R. VAN DER VAART sc',em,y S. JAY ZIMMERMAN Di;eclor DWR # 16-0096 Wilson and Greene Counties UTs to Nahunta Swamp, Contentnea Creek, Watery Branch and Toisnot Swamp, Neuse River Basin On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Kalish: On February 10, 2016 and March 7, 2016, Anthony Scarbraugh at the request of your consultant Mr. Walter Cole of S&ME, Inc., conducted on-site determinations to review unnamed tributaries (UTs) to Nahunta Swamp, Contentnea Creek, Watery Branch and Toisnot Swamp located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "16-0096 B, 16-0096 H, 16-0096 N, 16-0096 0, 16-0096 V, 16-0096 W, 16-0096 X, 16-0096 Z, 16-0096 BB, 16-0096 EE, 16-00096 HH, 16-0096 JJ, and 16-0096 00" on the attached map(s) initialed by Mr. Scarbraugh on March 23, 2016. The project is a natural gas pipeline extending approximately 15 miles that originates in Wilson County adjacent to intersection of NC-91/US Highway 264 Alternate and Landfill Road. The pipeline continues south across US Highway 264, runs parallel to NC Highway 58 through the town ofStantonsburg to Harper Road. At Harper Road, the pipeline crosses NC Highway 58 and ends adjacent to Griffin Road in Wilson County. At your request, Mr. Scarbraugh conducted on-site determinations as stated above. During his review, he evaluated the streams using the Division of Water Resources (DWR) Stream Classification Form. Feature E/I/Pl Not Subject Subject Start@ Stop@ Soil USGS Survey Topo 16-0096 B I X 16-0096 B Begin 16-0096 B End X 16-0096 H P X 16-0096 H Begin 16-0096 H End X 16-0096 N NF' X 16-0096 N Begin 16-0096 N End X 16-00960 NF X 16-0096 O Begin 16-0096 0 End X 16-0096 V P X 1 16-0096 V Begin 1 16-0096 V End X 16-0096 W P X 1 16-0096 W Begin 1 16-0096 W End X State of North Carolina I Environmental Quality I Water Resources—Water Quality Regional Operations—Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 _ 252-946-6481 (?a',i+.: tt9'.`*` zr r. .y T;vmewm:',£ S?."c+-a+:}'Ai .c: .. A:: `.'?F� ter•' `.'= +e�'F7ec ,..;:. +'€<;� gl,-; -' . f1...' ti.}.3 F;.�z-^ Piedmont Natural Gas Attn: Mr. Jim Kalish Stream Determination Page 2 of 3 X NF X 16-0096 X Begin 16-0096 X End X K16-0096 16-0096 Z NF X 16-0096 Z Begin 16-0096 Z End X 16-0096 BB NF X 16-0096 BB Begin 16-0096 BB End X 16-0096 EE I X 16-0096 EE Begin 16-0096 EE End X 16-0096 HH I X 16-0096 HH Begin 16-0096 HH End X 1 6-009 6 11 NF X 16-00961) Begin 16-0096 11 End X 16-009600 E X 16-0096 00 Begin 16-0096 00 End X 1. E/I/P—Ephemeral/Intermittent/Perennial 2. NF — No Feature Present. The DWR has determined that portions of features labeled as "16-0096 B, 16-0096 H, 16-0096 V, 16- 0096 W, 16-0096 EE, and 16-00096 HH" on the attached map(s), and highlighted in blue are subject to the Neuse Buffer Rules. The DWR has determined that the portions of features labeled as "16-0096 N. 16-0096 O, 16-0096 X,16-0096 Z,16-0096 BB, 16-009611, and 16-0096 00" on the attached map(s), and highlighted in red are subject to the Neuse Buffer Rules. The features and the associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the DWR or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWR recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call Anthony Scarbraugh in the Washington Regional Office at (252) 948-3924. Piedmont Natural Gas Attn: Mr. Jim Kalish Stream Determination Page 3 of 3 Sincerely, pu "� T" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachments: USGS Topographic 1:24,000 Quadrangle Map "Jason" copies of sheet 6 and 9, 1983 version of Wilson County Soil Survey copies of sheet 1 and 4, 1980 version of Greene County Soil Survey cc: Laserfiche File Copy Danny Smith, DWR RaRO Walter Cole, S&ME, Inc. (via email: wcole@smeinc.com) Filename 16-0096