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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