HomeMy WebLinkAbout20161079 Ver 1_Approval Letter_20161128Water ReSvurCe$
ENVIRONMENTAL QUALI'rY
November 28, 2016
Piedmont Natural Gas
Attn: Andy Rumley
116 Rainey St
Burlington NC 27215
PAT M.C;CRORY
DONALD R. VAN DER VAART
sec relo:1'
S. JAY ZIMi' ER.MAN
DWR # 2016-1079
Alamance/Guilford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL of Jordan Lake RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
PNG Southern Alamance System Enhancement
Dear Mr. Rumley:
You have our approval for the impacts listed below for the purpose described in your application dated
November 3, 2016, received by the Division of Water Resources (Division) November 7, 2016, with
subsequent information on November 23, 2016 and November 28, 2016. These impacts are covered by
the attached Water Quality General Certification Number 3884 and 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 certification(s) 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/or Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A NCAC 02B .0267(9)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Crossing 1
0 (linear feet)
25 (linear feet)
Crossing 2
0 (linear feet)
25 (linear feet)
Crossing 3
0 (linear feet)
29 (linear feet)
Crossing 4
0 (linear feet)
56 (linear feet)
Crossing 6
0 (linear feet)
31 (linear feet)
Crossing 7
0 (linear feet)
38 (linear feet)
404/401 Wetlands
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-97971 Customer Service 1-877-623-6748
Internet: www.ncdenr.ov- www.ncwater.org
Piedmont Natural Gas
DWR# 2016-1079
401/ Buffer APPROVAL
Page 2 of 3
Site 2
0.012 (acres)
0.015 (acres)
Buffers — Zone 1
Mitigation Required
River and Sub -basin Number
Site 6
1093 (square feet)
594 (square feet)
Site 7
906 (square feet)
526 (square feet)
Buffers — Zone 2
Site 6
1432 (square feet)
817 (square feet)
Site 7
1369 (square feet)
784 (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. 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 02H .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 Restoration System Bass Mountain Stream &
Nutrient Mitigation Bank to meet this mitigation requirement. Until the Restoration System Bass
Mountain Stream & Nutrient Mitigation Bank 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
Restoration System Bass Mountain Stream & Nutrient Mitigation Bank to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6):
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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 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.
Compensatory
Mitigation Required
River and Sub -basin Number
Cape Fear River
Buffers
5,997 linear feet
Haw River Sub -basin 03003002
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Piedmont Natural Gas
DWR# 2016-1079
401/ Buffer APPROVAL
Page 3 of 3
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and the Jordan
Lake Riparian Buffer Rules as described in 15A NCAC .0267. Please contact Sue Homewood at 336-776-
9693 or sue.homewood@ncdenr.gov if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 3884
cc: Joey Lawler, S&ME (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Tiffani Bylow, Restoration Systems LLC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file