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HomeMy WebLinkAbout20160450 Ver 1_Mitigation Transfer_20161028 Burdette, Jennifer a From: Turlington, Chad Sent: Friday, October 28, 2016 5:17 PM To: Burdette, Jennifer a Subject: Fw: Mitigation Transfer Form - PNG Line 33 Individual Permit Attachments: SFMB022 SAW-2016-00586.pdf, Line 33 IP 401 WQ Cert.pdf From:Jonathan Oravetz<JOravetz@kleinfelder.com> Sent: Friday, October 28, 2016 10:46:03 AM To:Turlington, Chad Cc: Laura Mills Subject: Mitigation Transfer Form - PNG Line 33 Individual Permit Chad, Please find attached the recently completed mitigation transfer form of the Water Quality Certification associated with the PNG Line 33 Individual Permit. Thanks. Jonathan Oravetz 8933 Western Way, Suite 12 Jacksonville, FL 32256 o 904.538.9171 x 1003 c 386.314.9897 f 904.538.9172 K1-EINFEL CER 1 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Piedmont Natural Gas Action ID:SAW-2016-00586 Project Name:Piedmont Natural Gas Transmission Pipeline/Utility Crossing County:Robeson Instructions to Permittee:The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form,it is the Permittee's responsibility to ensure that to the U.S.Army Corps of Engineers(USACE)Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit,or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor:The Sponsor must verify that the mitigation requirements(credits)shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed,the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee,the USACE Project Manager,and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin:03040203,Lumber River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 1.93-acres *If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin:03040206,Lumber River Basin Stream Mitigation(credits) Wetland Mitigation(credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine I Non-Riparian Coastal 1.93 itigation B@nk Mitigation Site Debited, Stone Farm Regional Mitigation ��,,,,, (List the name of the bank to be debited. For umbrella banks,also list the specific site. For NCDMS,list NCDMS. If the NCDMS acceptance letter identifies a specific site,also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document(see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name. _ 1 e�'! Tl( ;� ,6!` _ l Name of Sponsor's Authorized Representative: 1?G /�/G l-19 n I - za he" Signature of S nsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 November,2015 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form,confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor,and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager(address below)is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team(NCIRT). If approved,higher mitigation ratios may be applied,as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: See permit conditions. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed,the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the USACE Project Manager at the address below, and 3)the Wilmington District Mitigation Office,Attn:Todd Tugwell,11405 Falls of Neuse Road, Wake Forest,NC27587(email:todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: John Policarpo USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: John.N.Policarpo@USACE.ARMY.MIL A 11 'L 7) Lir October 25.2016 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications(including stream temperature and wetland groupings)is available at http://ribits.usace,army.mil. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at our website at htto://regulatory.usacesurvey.com/to complete the survey online. Stone Farm Mitigation Bank LLC Mitigation Credit Invoice 2618 New Village Way Wilmington NC 28405 Date Invoice# 910-251-8543 1k ro 9/15/2016 1003 A i Bill To Piedmont Natural Gas look 4720 Piedmont Row Drive Charlotte,NC 28210 Permit Number SFMB Number Project SAW-2016-00586 SFMB022 Line 33 Replacement Credit Type Units Per Unit Credit Fee Amount Nonriparian Wetland 2 26,418.00 52,836.00 Line 33 Replacement(Transmission IP) Total $52,836.00 Payments/Credits -$52,836.00 Balance Due $0.00 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary ter sore ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director July 13, 2016 DWR# 16-0450 Robeson County Piedmont Natural Gas Attn: Mr. Edward Dietrich 4720 Piedmont Row Drive Charlotte, NC 28210 Subject: Approval of Individual 401 WaterQuality Certification with Additional Conditions PNG Line 426 Transmission—Line 33 Replacement Project USACE Action ID. No. SAW-2016-00586 Dear Mr. Dietrich: Attached hereto is a copy of Certification No- 4064 issued to Mr. Edward Dietrich and Piedmont Natural Gas,dated July 13, 2016. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to)Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification 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 sixtV (60)calendar days. A petition for 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. State ofTth Carolina I Environmental QkWity[Water Resources 1617 Mail ScrviceCenter RAleiSkNonhCarol`na27699-l6l7 9199076300 Piedmont Natural Gas DWR#16-0450 Individual Certification#4064 Page 2 of 7 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 27609-6295 One (1) copy of the petition must also be served to Department of Environmental Quality: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed,this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCC 02H .0500. Contact Chad Turlington at 910-433-3320 or chad.turlington@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins,Supervisor 401 &Buffer Permitting Branch cc: Jonathan Oravetz, Kleinfe[cler, Inc., 8933 Western Way, Ste 12,Jacksonville, FL 32256 USAC E Wilmington Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 D FRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 150450PNG Line426TransmissionLine33 Replacement,401—IC,.docx Piedmont Natural Gas DWR#16-04SO Individual Certiflcation#4064 Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4064 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .05 00, to Mr. Edward Dietrich and Piedmont Natural as, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on May 26, 2016, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on May 18, 2016. The to of North Carolina certifies that this activity will not violate thea lic l ions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with thea lication, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all of the conditions of the Certification are met. No other impacts area rave , including incidental impacts. [15A NCAC 02B .0506(b) & (c)] Type of Impact Amount Approved(units) Amount Approved(units) Permanent Temporary 404/401 Wetlands 0 (acres) 1.93 (acres) 2. An anti-seep collar shall be placed at the downstream (utility line gradient) wetiand boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the anti-seep collars. The following specifications shall apply to class B concrete: a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0 b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5 c) Maximum water-cement ratio gallons per sack 6.8 d) Slump range 2"to 4" e) Minimum strength - 28 day psi 2,500 Piedmont Natural Gas DWRP 16-0450 Individual Certification#4064 Page 4 of 7 3. The applicant shall have a specific plan for restoring wetland contours. Any excess material' will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation,the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Along utility corridors within wetlands, grub stumps only as needed to install the utility and cut remaining stumps off at grade level. The general stripping of topsoil within wetlands along the utility corridor is not permitted. 4. No waste,spoil, solids, or fill,of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification for this project. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. [15A NCAC 02H .0501 and .0502] 5. Sediment and Erosion Control Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices. If applicable,the project must comply with the specific conditions and requirements of the NPES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]: a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. b. For borrow pit sites,the erosion and sediment control measures must be designed, installed,operated,and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. Piedmont Natural Gas DWR#16-0450 Individuai Certification#4064 Page 5 of 7 6. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equill brium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of thea ve structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H .0501 and .0502] 7. Construction Stormwater Permit NCG010000 An NPDES Construction or ter Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during In disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit,full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCGO10000), inspection to sheets, and other information may be found at: httpJPortal.ncdenr.or webLw ws su n dessw#tab-w. [15A NCAC 02H .0506(b)(5) and 8. Work in the Dry All work in ora jacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the INIC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structuress all be used to minimize excavation in flowing water. [15A N CAC 02 H .0506(b)(3) a n d (c)(3)] 9. if concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters oft a state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200] 10. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan for pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2)and (c)(2)] Piecirriont Natural Gas D #16-0450 indivi,dual Certification#4064 Page 6 of 7 11. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium. [15AN'CACO2H .0506(b)(2) and (c)(2)] 12. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by thea prove construction activity. All riprap shall be buried and/or"keyed in" such that the original stream elevation and strew bank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the area. [15ANCACO2H .0506(b)(2)] 13. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Pira p shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)) 14. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from to of bank of streams- Any fertilizer application must comply with all other Federal, State and Local regulations. [15A NCAC 02B .0231] 15. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 16. Continuing Compliance Mr. Edward Dietrich and Piedmont Natural Gas shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d)of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance,the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Edward Dietrich and Piedmont Natural Gas and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Edward Dietrich and Piedmont Natural Gas in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. Piedmont Natural Gas DWR#16-0450 Individual Certification#4064 Page 7 of 7 17. This approval is fort purpose and design described in your application and as described in the Public Notice.The plans and specifications for this project are incorporated by reference and are an enforceable part oft e Certification. 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 Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued intheir name. f15A NCAC 02H .0501 and .0502) 18. The applicant and/or authorized agent all provide a completed Certificate of Completion For tote DWIR 401 & Buffer Permitting Branch within ten days of project completion (available at: http:lZportal.ncdenr.o[gLweb/wo/swp/ws/401/certsandr)ermits,la,lvr)lv/forms). [15A NCAC 02 H .0502(f)] 19. This certification grants permission tot director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] This approval to proceed with your proposed impacts ort conduct impacts to waters as depicted in your application shall expire upon expiration oft 404 or CAMA Permit. The conditions in effect on the date of issuance all remain in effect for the life oft project, regardless oft expiration date oft is Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506] Non-compliance with or violation oft conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 13th day of July 2016 I §2 &_ Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/jab 4064