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HomeMy WebLinkAbout20170783 Ver 1_Approval Letter_20171019ROY COOPER Goveoor �.a MICHAEL S. REGAN Secretary WaterResources ENVIRONMENTAL QUALITY S. .LAY ZIMMERMAN Director October 19, 2017 DWR #17-0783 Halifax County Virginia Electric and Power Company Attn: Amanda Mayhew 701 E. Cary Street, 12th Floor Richmond, VA 23219 Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS Scotland Neck to South Justice Branch 115kV Transmission Line Project Dear Ms. Mayhew: You have our approval for the impacts listed below for the purpose described in your application dated June 23, 2017 and received by the Division of Water Resources (Division) on June 27, 2017 with additional information received on September 29 and October 9, 2017. 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 comply with the following conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B.0259(8)] Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Scotland Neck to South Justice Branch 115kV Transmission Line Project D W R #17-0783 BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers - Zone 1* 131: dhac007-Overhead utility line ROW 4,102 (square feet)/157 (linear feet) 0 (square feet)/O (linear feet) 132: shac034-Overhead utility line ROW 21,113 (square feet)/177 (linear feet) 0 (square feet)/O (linear feet) 133: shac036-Overhead utility line ROW 12,214 (square feet)/152 (linear feet) 0 (square feet)/O (linear feet) B4: shac038-Overhead utility line ROW 26,336 (square feet)/226 (linear feet) 0 (square feet)/O (linear feet) Buffers - Zone 2* B1: dhac007-Overhead utility line ROW 2,449 (square feet)/112 (linear feet) 0 (square feet)/O (linear feet) B2: shac034-Overhead utility line ROW 14,572 (square feet)/83'(linear feet) 0 (square feet)/O (linear feet) B3: shac036-Overhead utility line ROW 8,451 (square feet)/62 (linear feet) 0 (square feet)/O (linear feet) B4: shac038-Overhead utility line ROW 17,931 (square feet)/156 (linear feet) 0 (square feet)/O (linear feet) Temporary Road - Zone 1** Tl: dhaa007-Access Road 0 (square feet) 91,569 (square feet) T2: dhaa008-Access Road 0 (square feet) 31,353 (square feet) T3: dhac004-Access Road 0 (square feet) 8,182 (square feet) T4: dhac011-Access Road 0 (square feet) 6,568 (square feet) T5: dhaw004-Access Road 0 (square feet) 4,696 (square feet) T6: dhaw005-Access Road 0 (square feet) 3,406 (square feet) T7: dhaw009-Access Road 0 (square feet) 3,501 (square feet) T8: shaa001-Access Road 0 (square feet) 7,232 (square feet) T9: shaa002-Access Road 0 (square feet) 4,968 (square feet) T10: shaa003-Access Road 0 (square feet) 9,369 (square feet) T11: shac010-Access Road 0 (square feet) 2,786 (square feet) Total: 0 (square feet) 173,630 (square feet) Temporary Road -Zone 2** T1: dhaa007-Access Road 0 (square feet) 69,194 (square feet) T2: dhaa008-Access Road 0 (square feet) 24,047 (square feet) T3: dhac004-Access Road 0 (square feet) 5,955 (square feet) T4: dhac011-Access Road 0 (square feet) 4,610 (square feet) T5: dhaw004-Access Road 0 (square feet) 3,556 (square feet) T6: dhaw005-Access Road 0 (square feet) 2,374 (square feet) T7: dhaw009-Access Road 0 (square feet) 2,440 (square feet) T8: shaa001-Access Road 0 (square feet) 5,809 (square feet) T9: shaa002-Access Road 0 (square feet) 3,791 (square feet) T10: shaa003-Access Road 0 (square feet) 6,863 (square feet) T11: shac010-Access Road 0 (square feet) 300 (square feet) Total: 0 (square feet) 128,939 (square feet) Scotland Neck to South Justice Branch 1151<V Transmission Line Project D W R #17-0783 BUFFER APPROVAL Page 3 of 5 *Buffer impacts depicted on the application as an overhead electric utility line ROW that disturbs equal to or less than 150 linear feet of riparian buffer is considered exempt impacts and do not require written authorization from the Division provided that vegetation is restored within six months of initial disturbance. **Temporary road buffer impacts depicted on the application as 1,348 square feet of Zone 1 and 2,356 square feet of Zone 2 (Feature shag005) is considered exempt impacts and does not require written authorization from the Division provided that vegetation is restored within six months of initial disturbance. 2. Temporary Road Restoration Plan Vegetation must be restored to temporary road buffer impacts within six months of disturbance. The Division of Water Resources will conduct a site inspection to verify vegetation is restored to temporarily impacted buffers, (174,978 square feet of Zone 1 and 131,295 square feet of Zone 2 buffer impacts for temporary roads) as depicted in the application dated June 23, 2017. 3. Diffuse Flow As part of your application you have provided plans to achieve diffuse flow. All stormwater must be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. [15A NCAC 02H .0506(b)(5)] 4. No Waste, Spoil, Solids, or Fill of Any Kind 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. 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 [15A NCAC 02H .0501 and .0502]. 5. Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) priorto any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. 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 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 Scotland Neck to South Justice Branch 115kV Transmission Line Project DWR #17-0783 BUFFER APPROVAL Page 4 of 5 sold, the new owner must be given a copy of this approval letter and is responsible for complying with all conditions. 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). 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. Within sixty (60) 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 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 by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DWR —401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DWR-401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 Scotland Neck to South Justice Branch 1151<V Transmission Line Project DWR #17-0783 BUFFER APPROVAL Page 5 of 5 This letter completes the review of the Division under the Tar -Pamlico Buffer Rules as described in 15A NCAC 02B .0259. Please contact Stephanie Goss at 919-791-4256 or Steohanie.GOss@ncdenr.gov if yo have any questions or concerns. Pre ly, 1219 Z X Danny S th Supervisor, Water Quality -Regional Operations Section cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file via Laserfiche Laura Clark via e-mail at Laura.Clark@erm.com