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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