HomeMy WebLinkAbout20140957 Ver 3_JohnstonCounty_BufferLetter_20181017Water Resources
ENVIRONMENTAL QUALITY
October 4, 2018
Neuse Tree Farm, LLC
3016 Hillsborough St.
Suite 212
Raleigh, NC 27607
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
/merim
Director
Subject: Buffer Determination Letter
RRO #18-260
Johnston County
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B .0233)
Soil
Survey
❑ Tar -Pamlico (15A NCAC 26 .0259)
❑ lntermittenUPerennial Determination (where local buffer
ordinances apply)
❑ Jordan (15A NCAC 2B .0267)
(governmental and/or interjurisdictional
X
projects)
X
Project Name: Atlantic Coast
Address/Location: Approximately 5 miles South of Smithfield, NC
Stream(s): Polecat Branch, Neuse River
Determination Date: 10/3/18 Staff: Rick Trone
Feature E/UPItI
Not Subject
Subject(�)
Start@
Stop@
Soil
Survey
USGS
To o
s'or002 NAX
Throughout project area
s'or003 I/P
X
Throughout project area
X
X
(1) E=Ephemeral, 1=Intermittent, P=Perennial, NP—Not Present, NA=Not applicable
(2) Refers to riparian buffer rules only. Stream, wetland, or pond impacts may still be subject to applicable water quality standards and
permitting requirements.
Explanation: The features(s) listed above has been located on the most recent published NRCS Soil Survey of
Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each feature that is checked "Not Subject' has been determined to not be at least intermittent or is not present.
Streams that are checked "Subject' have been located on the property and possess characteristics that qualify it to be
at least an intermittent stream. There may be other features located on the property that do not show up on the
maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director In writing. If sending via US Postal Service: c/o Karen Higgins;
DRW — 401 & Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 2 7699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins, DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury
Street; Raleigh, NC 27604.
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section hUp:Hportal.ncdenr.org/web/wq/ips
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 79111200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Rick Trone at (919) 791-4257, or by
email at rick.trone@ncdenr.gov
Sine ely,
Danny Smith
Supervisor, Water Quality Regional Operations Center
cc: RRO DWR File Copy
Tony Nardo, ERM (via email)
Atlantic Coast Pipeline
Johnston County, NC-DWR Project # 18-260
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NRCS Soil Survey Sheet 11
Johnston Co., NC 1994
Approximate pipeline route
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Locations are approximate and are
provided for reference only ::
st
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Atlantic Coast Pipeline
Johnston County, NC-DWR Project # 18-260
Approximate location of feature
sjor003: subject to buffer rules
1J,L,^,,. --U4- —LL '`--
-iLc.
-
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+ -46-
J.G. L
Approximate location of feature
sjor002: not subject to buffer rules
RDS,
.,
el
4 1 tel/ -.11L ..iLL
USGS Topographical Map
� o+ ST 7Z o
Four Oaks NE Quadrangle 2016 Locations are approximate and are
provided for reference only
Approximate pipeline route
Dominlon Resources Services, Inc.
5000 Dominion Boulevard,
Uen Alen. VA 230,50
July 20, 2018
BY ELECTRONIC MAIL
Mr. Jeremiah Dow
NCDEQ DWR Water Quality Regional Operations Section
1628 Mail Service Center
Raleigh, NC 27699-1628
Re: Dominion Transmission, Inc., Atlantic Coast Pipeline
2018 North Carolina Department of Environmental Quality Stream Buffer Determination Package
Dear Mr. Dow:
Atlantic Coast Pipeline, LLC (Atlantic) is a company formed by four major U.S. energy companies —
Dominion, Duke Energy, Piedmont Natural Gas, and AGL Resources. The company was created to
develop, own, and operate the proposed Atlantic Coast Pipeline (ACP), an approximately 600 -mile -long,
interstate natural gas transmission pipeline system designed to meet growing energy needs in Virginia and
North Carolina. For more information about the ACP, visit the company's website at
www.dom.com/acpipeline. Atlantic has contracted with Dominion Transmission, Inc. (DTI), a subsidiary
of Dominion, to seek authorization from the Federal Energy Regulatory Commission under Section 7(c)
of the Natural Gas Act to construct, own, operate, and maintain the ACP on behalf of Atlantic.
Approximately 43 miles of ACP will be located on the Tar -Pamlico River Basin in Halifax and Nash
Counties; and approximately 56 miles of ACP will be located on the Neuse River Basin in Wilson and
Johnston Counties as regulated by the North Carolina Department of Environmental Quality (NCDEQ).
The enclosed 2018 NCDEQ Stream Buffer Determination Package is being submitted to the NCDEQ in
order to comply with Rules 15A North Carolina Administrative Code (NCAC) 02B .0259 and 15A
NCAC 02B .0233 applicable within the Tar -Pamlico and Neuse River Basins, and according to the State
of North Carolina's Nutrient Sensitive Waters Management Strategy (herein referred to as the riparian
buffer rules), within intent of"Protection and Maintenance of Existing Riparian Buffers". Previously for
the ACP, and for the purpose of verifying surface waters subject to the riparian buffer rules along ACP,
field determinations took place April I through 7, 2015 with James Graham, and February 25, 2016 with
William Miller. Following the 2015 and 2016 field determinations, Subject: Buffer Determination letters
(NBRO #15-285) were received confirming the final decision on surface waters subject to the riparian
buffer rules in the Tar -Pamlico and Neuse River Basins. A series of four prior buffer determination
letters have been received for the ACP.
North Carolina Department of Environmental Quality
Atlantic Coast Pipeline
July 20, 2018
Page 2 of 3
The purpose of this letter is to update NCDEQ records with a small number of newly documented
features or extensions of previously verified features. Included as attachments to this letter are maps that
illustrate the water features and their previous field determinations or preliminary status (i.e., new water
features identified for the first time in this letter).
Surveys along the ACP route, in previously inaccessible or in areas where there have been minor route
adjustments, have documented three new surface water features and one extension of a previously field
verified feature. Table 1 provides a summary of the newly identified features. Atlantic has provided a
preliminary evaluation of subject/not subject for these features based on previous field visits with
NCDEQ staff Atlantic acknowledges that field determinations may be needed to verify the preliminary
determinations of the recently surveyed surface water features. One previously verified surface water has
been extended in the field during surveys. Where previously field verified features have been extended,
Atlantic has made a preliminary determination that these features will maintain the same subject/not
subject status based on previous determinations made in the field with NCDEQ staff. Table 2 provides a
summary of the extended features. Atlantic requests that NCDEQ evaluate the information included in
the tables and the attachments of this letter to either verify the preliminary findings or determine if field
visits are necessary to confirm the information outlined within this letter.
Table I. Newly Identified Surface Water Features
Feature
Feature Not Subjectb Subject E/I/P` Soil Survey USGS Topo
Map Page
snar004a•d X I
Site I
sjor002ax X I
Site 2
sjor003ae X P X X
Site 2
a These features are not subject to a buffer because they fall within a wetland boundary.
a These are previously reviewed features needing an extension. They do not cross the currently surveyed I la route.
b Ephemeral/Intermittent/Perennial Stream Order
`Located in the Tar -Pamlico Watershed
b Subjectivity of stream buffer was assumed based on previous NCDEQ review. These features are pending concurrence from
the NCDEQ.
Ephemeral/Intermittent/Perennial Stream Order
d Located in the Tar -Pamlico Watershed
I Located in the Neuse Watershed
Table 2. Previously Identified Surface Water Features Requiring Extension
Feature
Not Subject
Subject E/I/Pb
Soil Survey
USGS Topo Map Page
snah028`
X P
X
X Site I
a These are previously reviewed features needing an extension. They do not cross the currently surveyed I la route.
b Ephemeral/Intermittent/Perennial Stream Order
`Located in the Tar -Pamlico Watershed
Maps summarizing the previously verified features and supporting the preliminary detenninations of
newly identified or extended surface water features in the Tar -Pamlico and Neuse River Basin are
included in Attachment 1- Sites I and 2 Figures. The figures include a set of two strip maps that illustrate
NRCS Soil Survey maps on the top and USGS Topographic maps on the bottom. The map set also
provides the proposed ACP centerline with mileposts, proposed access roads, surveyed waterbodies, and
surveyed wetlands. The Buffer Determination Request Forms are included in Attachment 2.
For the consistency with previous submittals, and for the project record, Atlantic has compiled the
enclosed information for NCDEQ review. Atlantic requests that NCDEQ determine if the information
provided for new and extended surface water features is sufficient to verify subject/not subject status of
v
North Carolina Department of Environinentaf Quality
Atlantic Coast Pipeline
July 20, 2018
Page 3 of 3
these. additional features for the ACP project record. If additional field verification visits are required,
Atlantic requests that NCDEQ continue to coordinate with appropriate ACP project staff to finalize the
field verification process,.
1 '
Please contact Ms. Staci Rogge at (804) 273-2906 or at gtaci.L.Rogge ra-Mo rtinionenergy cont, if there
are questions'about the ACP project: Please direct written responses to:.
Staci Rogge
Dominion Energy Services, Inc.
5000 Dominion Boulevard
Glen Allen,, Virginia 23060
Sincerely,
Richard Gang e
.Director; Environmental Services
CC?. Staci. Rogge, Dominion
Attachments:
Attachment 'I — Sites I and 2 Maps
Attachment'2-8uffer Determination Request Forms