HomeMy WebLinkAbout20161119 Ver 2_Approval Letter_20170628 ROY COOPER
y�� � >yµ•* _ Governor
MICHAEL S. REGAN
Secretary
Water Resources S. J-AY ZIMMERMAN•
ENVIRONMENTAL QUALITY • _
Director
. i
June 28, 2017 ..
DWR# 16-1119 v2
Halifax County
Piedmont Natural Gas ..__-. _...
Attn:•Chris Albers
4720 Piedmont Row Dr.
Charlotte, NC 28210
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES(15A NCAC 02B.0259).WITH ADDITIONAL
CONDITIONS .
Piedmont Natural Gas Line 6.—Phase 1 Open Cut.
Dear Mr. Albers:
You have our approval forthe.,impacts listed below for the purpose described in your
application dated May 15, 2017 and received by the.Division of Water Resources (Division),on
May 17,.2017.: These impacts are covered by the attached Water Quality General Certification
Number 4086 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 getany other federal, state or local permits before proceeding with
your project, including those,requi,red 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 certificationand 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, includingincidental,impacts. [15A NCAC 02B .0506(b)(c),and 15A NCAC 02B
.0259(8)]
Division of Water Resources,Raleigh Regional Office,Water Quality Operations Section http://portal.ncdenr.org/web/wqlaps
1628 Mail Service Center,Raleigh,NC 27699-1628 Phone:(919)791-4200,
Location: . 3800 Barrett Drive,Raleigh,NC 27609 -Fax:(919)788-7159
Piedmont Natural'Gas Line 6-Phase 1 Open Cut•
DWR#16-1119 v2 .
401 AND BUFFER APPROVAL
Page2of4`
Type'of Impact Amount Approved Amount Approved .
(units) (units)
Permanent Temporary
Wetland
WMM- 0 (acres) 2.427 (acres)
Stream.
; F-21 0 (linear feet) 4 (linear feet).
SAG` , 0 (linear feet). 24 (linear feet)
Buffers.—Zone 1
SAD &SAG-Construction : 0 (square feet). 5595 (square feet)
F-21-Construction 0,(squa're.feet) 3194 (square feet)
- Buffers—'Zone 2
SAD &SAG-Construction . 0 (square;feet) - 4752 (square feet)
F-21-Construction 0 (square:feet) 2156 (square feet)
- 2: Compensatory Mitigation Using the Division!of Mitigation Services (DMS)
Mitigation'must be provided for the proposed impacts a's specified in the table below. The.
Division has received an acceptance letter frm the DMS to meet this mitigation`
requirement: Until the DMS receives andclears'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
DMS to'meet the following compensatory'mitigation requirement [15A NCAC 02H .0506 . ,
(b)(6)]:' . .,� : �. .
I
Compensatory Mitigation River&Sub=
• Required j ' basin Number.
Buffer 23,913.,(sq;u arse feet) . 03020102.
3:. No Waste, Spoil,Solids, or Fill of Any Kind �
.� ;;
Nowaste,spoil, solids,.or fill of any.kind shall occur lin"wetlands, waters, or riparian areas,
beyond•the-footprint of.the impacts depict,ed,inhe Pre-Construction Notification`. 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;1statutes, or rules occur.; [15A NCAC 02H .0501 !i
and'.0502]- ;Y
Piedmont Natural Gas Line 6—Phase 1 Open Cut
DWR#16-1119 v2
401 AND BUFFER APPROVAL
Page 4 of 4
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DENR-DWR—401 & Buffer NC DENR-DWR—401 & Buffer
Permitting Unit Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Tar-Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or stephanie.gossncdenr.gov if you have any questions or
concerns.
Si 'cerel ,
t
(741.9/ :4//:'
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4086
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Jonathan Oravetz; Kleinfelder; 8933 Western Way, Ste. 12; Jacksonville, FL 32256
DWR 401 & Buffer Permitting Unit
DWR RRO 401 & Riparian Buffer file
Piedmont Natural Gas Line 6 7Phase 1 Open Cut
DWR#16-1119 v2
401 AND BUFFER APPROVAL'
Page 3,of'4
4. Protective Fencing ;
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall,be clearly marked with orange'
warning fencing(or similar,high visibility material).for the areas that;have,been approved to
infringe within the buffer, wetland or water'prior to any land disturbing:activiities to ensure
compliance with 15 NCAC 02H .0500: [15A'NCAC 02H .0506 (b)(2) and_(c)(2),and 15A NCAC .
02H .0507 (c)]
5. ` 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 ofthe and:
Buffer 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'let'ter and General Certification
and is responsibl'e'for complying with'all,conditions., [15A NCAC 02B .0507(d)(2)]
. 6. This approval and its conditions are final and binding unless.contested:,i[G.S. 143-215.5]
This Certification and 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). A'petitio'n form may be obtained from the
OAH at http://www.ncoah.com/or by calling the;OAH'Cler.k'•s Office at'(919)431-3000 for
information.
Within thirty(30) calendar days of receipt of this.notice, a petition must be filed with the,
OAH: 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 S:OOpm, excluding official state.holidays).
i
, 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 by First Class Mail • % If sending via delivery service
via the US Postal Service: (e.g.;UPS,FedEx):
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 ,