HomeMy WebLinkAbout20181393 Ver 1_Approval Letter_20190219NORTH CAROLINA
ROY COOPER Pnvfranmental Quality
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER.
trtfertrn Director
February 19, 2019
Piedmont Natural Gas
Attn: Ned Dietrich
4120 Piedmont Row Drive
Charlotte NC 28210
D W R # 20181393
Guilford / Stokes / Rockingham Counties
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL of JORDAN LAKE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Line 446 — Belews Creek Pipeline Project
Dear Mr. Dietrich:
You have our approval for the impacts listed below for the purpose described in your application dated
September 28,;2019, received by the Division of Water Resources (Division) September 10, 2018, and
with subsequent information on November 2, 2018, November 9, 2018, November 19, 2018, November
27, 2018, January 28, 2019 and February 4, 2019. These impacts are covered by the attached Water
Quality General Certification Number 4133 and Jordan Lake 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) orgeneral
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 Jordan Lake 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(8)]
North Carolina Department of Environmental Quality I Division of Water Resources
450 W. Hanes Mill Rd. Winston-Salem. NC 27107
336.7769800
Piedmont Natural Gas
DWR# 20181393
401/Buffer APPROVAL
Page 2 of 5
Type of Impact
Amount Approved (units)
permanent
Amount Approved (units)
Temporary
Stream
S26
0 (linear feet)
68 (linear feet)
S21
0 (linear feet)
0 (linear feet)
S25
0 (linear feet)
68 (linear feet).
S20/S35
0 (linear feet)
97 (linear feet)
S19
0 (linear feet)
77 (linear feet)
S16
0 (linear feet)
0 (linear feet)'
S17
0 (linear feet)
0 (linear feet)
S12
0 (linear feet)
126 (linear feet)
S13
0 (linear feet)
61 (linear feet)
S14
0 (linear feet)
97 (linear feet)
S33
0 (linear feet)
79 (linear feet)
S34
0 (linear feet)
95 (linear feet)
S32
0 (linear feet)
79 (linear feet)
S31
0 (linear feet)
0 (linear feet)
S7/8
0 (linear feet)
92 (linear feet)
S6
0 (linear feet)
96 (linear feet)
55
0 (linear feet)
0 (linear feet)
S4
0 (linear feet)
0 (linear feet)
S3
0 (linear feet)
0 (linear feet)
52/29
0 (linear feet)
60 (linear feet)
S1
0 (linear feet)
106 (linear feet)
404/401 Wetlands
W26
0 (square feet)
2522 (square feet)
W27
0 (square feet)
844 (square feet)
WV/W20
0 (square feet)
1443 (square feet)
W12
0 (square feet)
1687 (square feet)
W10/W11
0 (square feet)
172 (square feet)
W9
0 (square feet)
1118 (square feet)
W6/7
0 (square feet)
10258 (square feet)
WX
0 (square feet)
1251 (square feet)
W5
0 (square feet)
4221 (square feet)
W1
0 (square feet)
114 (square feet)
Buffers —Zone 1
S1
0 (square feet)
0 (square feet)
52/29
2121 (square feet)
2944 (square feet)
53
0 (square feet)
0 (square feet)
S6
2882 (square feet)
3118 (square feet)
S7/8
2406 (square feet)
9020 (square feet)
Buffers —Zone 2
S1
543 (square feet)
0 (square feet)
52/29
1281 (square feet)
2241 (square feet)
Piedmont Natural Gas
D W R# 20181393
401/Buffer APPROVAL
Page 3 of 5
S3 I 0 (square feet) 0 (square feet)
56 1549 (square feet) 3872 (square feet)
S7/8 4002 (square feet) 8446 (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 and
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 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 to the Haw River Watershed of the
Jordan Lake Riparian Buffers as specified in the table below. The Division has received an
acceptance letter from the Restoration Systems LLC Benton Branch Mitigation Bank to meet this
mitigation requirement. Until the Restoration Systems LLC receives and clears your payment,
and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. [15A NCAC 02H .0506 (b)(6)]:
Buffer Site
Impact
Amount
Wetland
s within
buffer
Mitigatio
n Amount
Mitigatio
n
Multiplier
Total Mitigation
Amount
S1— Zone 2
543 sf
0 sf
543 sf
1.5
815 sf
52/29 — Zone 1
2121 sf
587 sf,
1534 sf
3
4602 sf
52/29 — Zone 2
1281 sf
336 sf
945 sf
1.5
1418 sf
S6—Zone 1
2882 sf
0 sf
2882 sf
3
8646 sf
56 — Zone 2
1549 sf
0 sf
1549 sf
1.5
2324,sf
S7/8 —Zone 1
2406 sf
118 sf
2288 sf
3
6864 sf
S7/8 —Zone 2
4002 sf
1237 sf
2765 sf
1.5
4148 sf
Total
28,817 square feet
4. Temporary impacts within the Right -of -Way or temporary easements shall occur only within the
footprint of the excavation trench and the minimum necessary for temporary stream and
wetland crossings. [15A NCAC 02H .0507.(g)]
5. The Winston Salem Regional Office shall be notified once construction and stream restoration
has been completed at Stream 530. [15A NCAC 02H .0507,(c) and 15A NCAC 02H .0502 (e)]
6. This authorization exempts the Permittee from meeting Condition 1.3 in the attached general
certification for crossing all streams at a near perpendicular direction. Stream crossings shall be
as shown in the permit application documents. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
7: This authorization exempts the Permittee from meeting Condition 1.4 in the attached general
certification for the width of construction corridors. The construction corridor shall be limited
Piedmont Natural Gas
DWR# 20181393
401/Buffer APPROVAL
Page 4 of 5
to the width shown in the permit application documents. [15A NCAC 02H .0506 (b)(2) and
(c)(2)]
8. The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became aware of the circumstances. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-case
basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Authorization can be contested as provided in 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:OOam and S:OOpm, 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: If -sending via delivery service (UPS, FedEx, etc):
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
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Piedmont Natural Gas
DWR# 20181393
401/Buffer APPROVAL
Page 5 of 5
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 02B .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 4133
cc: Suzanne Herori, Energy Land & Infrastructure (via email)
David Bailey, USACE-Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file