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HomeMy WebLinkAbout20181638 Ver 1_Appx N Compliance Statement_20181130IT Mountain Valley Joint Permit Application PIPELINE, USACE —Wilmington District and NCDEQ SAW -2018-008887 MVP Southgate Project Standard Joint Permit Application U.S. Army Corps of Engineers — Wilmington District (SAW -2018-00887) North Carolina Department of Environmental Quality, Division of Water Resources Appendix N Compliance Statement for NWP 12 Terms and Conditions November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-1 Southgate Project Compliance with Nationwide Permit 12 Utility Line Activities Terms and Conditions Condition Southgate Project Compliance Statement Utility lines: This NWP authorizes discharges of dredged or fill Please refer to Section 2.5.1 of the Project material into waters of the United States (' WOTUS") and structures narrative. Upon completion of the pipeline or work in navigable waters for crossings of those waters installation, the surface of the right-of-way associated with the construction, maintenance, or repair of utility disturbed during construction activities will be lines, including outfall and intake structures. There must be no graded to match original contours and to be change in pre -construction contours of waters of the United States. compatible with surrounding drainage A "utility line" is defined as any pipe or pipeline for the patterns, except at those locations where transportation of any gaseous, liquid, liquescent, or slurry permanent changes in drainage will be substance, for any purpose, and any cable, line, or wire for the required to prevent erosion, scour, and transmission for any purpose of electrical energy, telephone, and possible exposure of the pipeline. telegraph messages, and internet, radio, and television communication. The term "utility line" does not include activities that drain a water of the United States, such as drainage tile or french drains, but it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily See Section 2.5.1 of Project Narrative. Upon sidecast into waters of the United States for no more than three completion of the pipeline installation, the months, provided the material is not placed in such a manner that surface of the right-of-way disturbed during it is dispersed by currents or other forces. The district engineer construction activities will be graded to match may extend the period of temporary side casting for no more than original contours and to be compatible with a total of 180 days, where appropriate. In wetlands, the top 6 to 12 surrounding drainage patterns, except at those inches of the trench should normally be backfilled with topsoil from locations where permanent changes in the trench. The trench cannot be constructed or backfilled in such drainage will be required to prevent erosion, a manner as to drain waters of the United States (e.g., backfilling scour, and possible exposure of the pipeline. with extensive gravel layers, creating a french drain effect). Any The Project will segregate the topsoil over the exposed slopes and stream banks must be stabilized immediately trenchline in wetlands where hydrologic upon completion of the utility line crossing of each waterbody. conditions permit this practice, and all excavated material will be placed in an upland area if possible. Segregated topsoil will be placed in the trench following subsoil backfilling to restore the original contour. Utility line substations: This NWP authorizes the construction, Not Applicable — The Project does not involve maintenance, or expansion of substation facilities associated with the construction, maintenance, or expansion a power line or utility line in non -tidal waters of the United States, of substation facilities associated with a power provided the activity, in combination with all other activities line or utility line in non -tidal waters of the included in one single and complete project, does not result in the United States. loss of greater than 1/2 -acre of waters of the United States. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or expand substation facilities. Foundations for overhead utility line towers, poles, and Not applicable — the Project does not include anchors: This NWP authorizes the construction or maintenance of overhead utility line towers, poles or anchors foundations for overhead utility line towers, poles, and anchors in in waters of the United States. all waters of the United States, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. Access roads: This NWP authorizes the construction of access See Section 2.3.3 of the Project narrative and roads for the construction and maintenance of utility lines, Appendices J-1 and J-2. Access road widths including overhead power lines and utility line substations, in non- will be the minimum necessary to provide tidal waters of the United States, provided the activity, in access for construction equipment while combination with all other activities included in one single and maintaining safe travel conditions. Access will complete project, does not cause the loss of greater than 1/2 -acre be constructed such that the length of the road of non -tidal waters of the United States. This NWP does not minimizes impacts on waters of the United N-1-1 November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-1 Southgate Project Compliance with Nationwide Permit 12 Utility Line Activities Terms and Conditions Condition Southgate Project Compliance Statement authorize discharges into non -tidal wetlands adjacent to tidal States and will be maintained as close as waters for access roads. Access roads must be the minimum width possible to pre -construction contours and necessary (see Note 2, below). Access roads must be constructed elevations. so that the length of the road minimizes any adverse effects on waters of the United States and must be as near as possible to The project is not near any tidal water. There pre -construction contours and elevations (e.g., at grade corduroy will be no discharges to non -tidal waters. roads or geotextile/gravel roads). Access roads constructed above pre -construction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. This NWP may authorize utility lines in or affecting navigable Not applicable — the Project does not cross waters of the United States even if there is no associated any navigable waters of the United States. discharge of dredged or fill material (See 33 CFR part 322). Overhead utility lines constructed over section 10 waters and utility lines that are routed in or under section 10 waters without a discharge of dredged or fill material require a section 10 permit. This NWP authorizes, to the extent that Department of the Army See Section 2.4.4 and Appendix H. The authorization is required, temporary structures, fills, and work Project has developed a HDD Contingency necessary for the remediation of inadvertent returns of drilling Plan to address disposal of drilling fluid as well fluids to waters of the United States through sub -soil fissures or as protocols to be implemented in the unlikely fractures that might occur during horizontal directional drilling event of an inadvertent release of drilling fluid activities conducted for the purpose of installing or replacing utility to waters of the United States. lines. These remediation activities must be done as soon as practicable, to restore the affected waterbody. District engineers Remediation activities will be conducted as may add special conditions to this NWP to require a remediation soon as practicable to restore the affected plan for addressing inadvertent returns of drilling fluids to waters of waterbody. the United States during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines. This NWP also authorizes temporary structures, fills, and work, See Section 2.4.2.2, Section 2.4.2.3 and including the use of temporary mats, necessary to conduct the Section 2.5 of the Project narrative. The utility line activity. Appropriate measures must be taken to maintain Project will conduct a scour analysis on normal downstream flows and minimize flooding to the maximum perennial waterbodies crossed by the pipeline extent practicable, when temporary structures, work, and to ensure that the placement depth is sufficient discharges, including cofferdams, are necessary for construction to prevent erosion by expected high flows. The activities, access fills, or dewatering of construction sites. results of this analysis will be completed in early Temporary fills must consist of materials, and be placed in a 2019 and provided to USACE and NCDEQ for manner, that will not be eroded by expected high flows. After review. construction, temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Notification: The permittee must submit a pre -construction This application serves as the pre -construction notification to the district engineer prior to commencing the activity notification for those activities within waters of if any of the following criteria are met: (1) the activity involves United States that meet the criteria identified mechanized land clearing in a forested wetland for the utility line within the notification procedures for work in right-of-way; (2) a Section 10 permit is required; (3) the utility line North Carolina. in waters of the United States, excluding overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e., water of the United States), and it runs parallel to or along a stream bed that is within that jurisdictional area; (5) discharges that result in the loss of greater than 1/10 -acre of waters of the United States; (6) permanent access roads are constructed above grade in waters of the United States for a distance of more than 500 feet; N-1-2 November 2018 M Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-1 Southgate Project Compliance with Nationwide Permit 12 Utility Line Activities Terms and Conditions Condition Southgate Project Compliance Statement or (7) permanent access roads are constructed in waters of the United States with impervious materials. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: Where the utility line is constructed or installed in Not applicable — the Project does not cross navigable waters of the United States (i.e., section 10 waters) any navigable waters of the United States. within the coastal United States, the Great Lakes, and United States territories, a copy of the NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation. Note 2: For utility line activities crossing a single waterbody more The Project will comply with 33 CFR 330.6(d). than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Utility line activities must comply with 33 CFR 330.6(d). Note 3: Utility lines consisting of aerial electric power transmission Not applicable — the Project does not include lines crossing navigable waters of the United States (which are overhead utility lines. defined at 33 CFR part 329) must comply with the applicable minimum clearances specified in 33 CFR 322.5(i). Note 4: Access roads used for both construction and maintenance See Section 2.5.2 of the Project narrative. may be authorized, provided they meet the terms and conditions of Previously existing access roads that were this NWP. Access roads used solely for construction of the utility modified and used during construction will be line must be removed upon completion of the work, in accordance returned to original or better condition upon with the requirements for temporary fills. completion of the pipeline facilities installation. Temporary access roads constructed specifically for the Project installation will be removed, the surface graded to original contours, and the land restored to its original use unless otherwise requested by the landowner. Note 5: Pipes or pipelines used to transport gaseous, liquid, Not applicable — the Project does not cross liquescent, or slurry substances over navigable waters of the any navigable waters of the United States. United States are considered to be bridges, not utility lines, and may require a permit from the U.S. Coast Guard pursuant to section 9 of the Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material into waters of the United States associated with such pipelines will require a section 404 permit (see NWP 15). Note 6: This NWP authorizes utility line maintenance and repair Not applicable — the Project does not involve activities that do not qualify for the Clean Water Act section 404(f) maintenance and repair activities. exemption for maintenance of currently serviceable fills or fill structures. Note 7: For overhead utility lines authorized by this NWP, a copy Not applicable — the Project does not include of the PCN and NWP verification will be provided to the overhead utility lines. Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities. Note 8: For NWP 12 activities that require pre -construction The Southgate Project is only requesting notification, the PCN must include any other NWP(s), regional authorization under NWP 12 and does not general permit(s), or individual permit(s) used or intended to be require other NWP(s), regional general used to authorize any part of the proposed project or any related permit(s) or individual permit(s). N-1-3 November 2018 Mountain Valley PIPELINE Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-1 Southgate Project Compliance with Nationwide Permit 12 Utility Line Activities Terms and Conditions Condition Southgate Project Compliance Statement activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre - construction notification (see paragraph (b) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, "District Engineer's Decision." The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). N-1-4 November 2018 M Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement 1. Navigation Not applicable — the Project does not cross any navigable waters of the United States. 2. Aquatic Life Movements No activity may See Section 2.4.4 of the Project narrative and substantially disrupt the necessary life cycle Appendices C, D and E. Stream crossings for the movements of those species of aquatic life Project will be temporary, and flow will be maintained indigenous to the waterbody, including those during construction via a flume, damp and pump, or species that normally migrate through the area, cofferdam crossing method. Culverts along access unless the activity's primary purpose is to roads will be constructed in a manner that will not impound water. All permanent and temporary hinder aquatic life movement. crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas Activities in spawning areas See Section 4.4 of the Project narrative. Activities during spawning seasons must be avoided to the within waterbodies crossed by the Project will adhere maximum extent practicable. Activities that result to time of year restrictions that may be required by any in the physical destruction (e.g., through federal or state agency. The Project does not cross excavation, fill, or downstream smothering by any important spawning areas or other areas that are substantial turbidity) of an important spawning presently subject to time of year restrictions. area are not authorized. 4. Migratory Bird Breeding Areas Activities in waters The Project intends to avoid migratory bird breeding of the United States that serve as breeding areas areas within waters of the United States to the for migratory birds must be avoided to the maximum extent practicable. maximum extent practicable. 5. Shellfish Beds Not applicable — there are no saltwater shellfish beds crossed by the Project. See Section 5.5.4 of the Project narrative for information on freshwater mussels. 6. Suitable Material No activity may use unsuitable See Section 2.4.2 of the Project narrative. Previously material (e.g., trash, debris, car bodies, asphalt, excavated materials will be pushed back into the etc.). Material used for construction or trench using equipment or backhoes. Where the discharged must be free from toxic pollutants in previously excavated material contains large rocks or toxic amounts (see section 307 of the Clean other materials that could damage the pipe or coating, Water Act). clean fill will be used as backfill to protect the pipe. Due to concerns about the acidity of fly ash and its potential impacts on cathodic protection, fly ash will not be used as backfill material. However, limestone dust or sand, which is typically non -acidic and will often aid in the cathodic protection of the pipeline, may be used as backfill material. The remaining fill of the trench will be the aggregate of the excavation material removed at the time of the excavation. If additional fill is required, it will be either flowable fill or clean fill. 7. Water Supply Intakes No activity may occur in the Not applicable - There closest public supply intake is proximity of a public water supply intake, except located approximately 1.3 miles from the Project. where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. N-2-1 November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement 8. Adverse Effects from Impoundments If the activity See Sections 2.4.4 of the Project narrative. Some creates an impoundment of water, adverse crossing methods proposed for the Project will effects to the aquatic system due to accelerating temporarily create an impoundment during the passage of water, and/or restricting its flow construction. The dam and pump method involves the must be minimized to the maximum extent installation of temporary dams upstream and practicable. downstream of the proposed waterbody crossing. Following dam installation, appropriately sized pumps will be used to dewater and transport the stream flow around the construction work area and trench. Energy dissipating devices will be installed at the pump discharge point to minimize erosion and streambed scour. The flume crossing method will consist of temporarily directing the flow of water through one or more flume pipes placed over the area to be excavated. The number of flumes and / or diameter will be designed to withstand the expected high flows within the waterbodies. This method will allow excavation of the pipe trench across the waterbody completely underneath the flume pipes without disruption of water flow in the stream. Following completion of pipeline installation, backfill of the trench, and restoration of stream banks, the temporary impoundments will be removed, and flow through the construction work area will be restored. 9. Management of Water Flows To the maximum See Section 2.4.4 of the Project narrative. The dam extent practicable, the pre- construction course, and pump method involves the installation of condition, capacity, and location of open waters temporary dams upstream and downstream of the must be maintained for each activity, including proposed waterbody crossing. Following dam stream channelization, storm water management installation, appropriately sized pumps will be used to activities, and temporary and permanent road dewater and transport the stream flow around the crossings, except as provided below. The activity construction work area and trench so that the passage must be constructed to withstand expected high of normal and high flows are not restricted. The flume flows. The activity must not restrict or impede the crossing method will consist of temporarily directing passage of normal or high flows, unless the the flow of water through one or more flume pipes primary purpose of the activity is to impound placed over the area to be excavated. The number of water or manage high flows. The activity may flumes and / or diameter will be designed to withstand alter the pre -construction course, condition, the expected high flows within the waterbodies. capacity, and location of open waters if it These methods will allow excavation of the pipe trench benefits the aquatic environment (e.g., stream across the waterbody completely underneath the restoration or relocation activities). flume pipes without disruption of water flow in the stream during construction. The Project will not alter the pre -construction course during or after the pipeline is installed. Prior to construction, a scour analysis will be performed to perennial streams to ensure the passage of high flows. 10. Fills Within 100 -Year Floodplains The activity The Project will comply with applicable floodplain must comply with applicable FEMA -approved management requirements within North Carolina. state or local floodplain management Applicable floodplain permits will be obtained from the requirements. issuing authorities. There are no proposed permanent impacts to floodplains (i.e., above -ground structures or increased elevations) in North Carolina. 11. Equipment Heavy equipment working in See Section 2.4.3 of the Project narrative. The Project wetlands or mudflats must be placed on mats, or will use equipment or timber mats to facilitate N-2-2 November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement other measures must be taken to minimize soil equipment movement through and work within the disturbance. wetland. 12. Soil Erosion and Sediment Controls Appropriate See Section 4.4 of the Project narrative. The Project soil erosion and sediment controls must be used will conduct crossings of intermittent and perennial and maintained in effective operating condition waterbodies during periods of low -flow to the extent during construction, and all exposed soil and practicable. other fills, as well as any work below the ordinary high-water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow, or during low tides 13. Removal of Temporary Fills Temporary fills must See Section 2.4.2 of the Project narrative. Upon be removed in their entirety and the affected completion of the pipeline installation, the surface of areas returned to pre -construction elevations. the right-of-way disturbed during construction activities The affected areas must be revegetated, as will be graded to match original contours and to be appropriate. compatible with surrounding drainage patterns, except at those locations where permanent changes in drainage will be required to prevent erosion, scour, and possible exposure of the pipeline. 14. Proper Maintenance Any authorized structure or The Project will maintain the pipeline in a safe fill shall be properly maintained, including operational manner in accordance with the Project's maintenance to ensure public safety and safety standards and specifications and in accordance compliance with applicable NWP general with the U.S. Department of Transportation Title 49 conditions, as well as any activity -specific CFR (Part 192) requirements. conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project The activity must Each water of the United States crossing is single and be a single and complete project. The same complete and will be completed under NWP 12. NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers Not applicable - The Project does not cross any federally designated Wild and Scenic Rivers. 17. Tribal Rights No NWP activity may cause more See Section 5.7 of the Project narrative. Detailed than minimal adverse effects on tribal rights reports on cultural resource surveys were submitted to (including treaty rights), protected tribal the North Carolina State Historic Preservation Office, resources, or tribal lands. applicable federally -recognized tribes as requested and the FERC along with the FERC Certificate Application. 18. Endangered Species See Section 5.5 of the Project narrative. The Project (a) No activity is authorized under any NWP which is currently consulting with the U.S. Fish and Wildlife is likely to directly or indirectly jeopardize the Service and anticipates receipt of a 'not likely to continued existence of a threatened or adversely affect' determination. Documentation of endangered species or a species proposed for final consultation with the U.S. Fish and Wildlife such designation, as identified under the Federal Service will be provided upon completion. Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the N-2-3 November 2018 M Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own The Southgate Project is not proposed by a federal procedures for complying with the requirements of agency. the ESA. (c) Non-federal permittees must submit a pre- This application serves as the pre -construction construction notification to the district engineer if notification for those activities within waters of United any listed species or designated critical habitat States that meet the criteria identified within the might be affected or is in the vicinity of the activity, notification procedures for work in North Carolina. or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. (d) As a result of formal or informal consultation Noted with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. (e) If the non-federal permittee has a valid ESA Not applicable — the Project does not anticipate section 10(a)(1)(B) incidental take permit with an requiring an incidental take permit. approved Habitat Conservation Plan. 19. Migratory Birds and Bald and Golden Eagles See Section 5.5.3 of the Project narrative. The Project is committed to avoiding impacts to bald eagles; The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty therefore the Project will conduct surveys during the Act and the Bald and Golden Eagle Protection winter of 2019 to identify active nests within 0.5 mile of Act. The permittee is responsible for contacting Project workspace areas. If active nests are appropriate local office of the U.S. Fish and discovered within 0.5 mile of Project activities, Wildlife Service to determine applicable measures adapted from the USFWS National Bald measures to reduce impacts to migratory birds or Eagle Management Guidelines for high disturbance eagles, including whether "incidental take" activities will be implemented. permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden While there is no 'incidental take' permit under the Eagle Protection Act for a particular activity. Migratory Bird Treaty Act, the Project intends to avoid migratory bird breeding areas within waters of the United States to the maximum extent practicable. 20. Historic Properties See Section 5.7 of the Project narrative. The Project (a) In cases where the district engineer determines will not commence construction activities until the that the activity may have the potential to cause requirements of Section 106 of the National Historic effects to properties listed, or eligible for listing, Preservation Act have been satisfied. in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. N-2-4 November 2018 TI Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 N-2-5 November 2018 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement (b) Federal permittees should follow their own Not applicable procedures for complying with the requirements of section 106 of the National Historic Preservation Act. (c) Non-federal permittees must submit a pre- This application serves as the pre -construction construction notification to the district engineer notification for those activities within waters of United if the NWP activity might have the potential to States that meet the criteria identified within the cause effects to any historic properties listed notification procedures for work in North Carolina. on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. (d) For non-federal permittees, the district engineer Noted will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA section 106 consultation is required. (e) Prospective permittees should be aware that Noted section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. 21. Discovery of Previously Unknown Remains and See Appendix M for the Project's Unanticipated Cultural Resources Discoveries Plan. Artifacts If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters Not applicable - There are no designated critical resource waters within the Southgate Project limits. 23. Mitigation The district engineer will consider the Compensatory mitigation will be provided as detailed following factors when determining appropriate in Section 4.1.2 of the Project narrative. and practicable mitigation necessary to ensure that the individual and cumulative adverse N-2-5 November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, Compensatory mitigation will be provided as detailed rectifying, reducing, or compensating for in Section 4.1.2 of the Project narrative. resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one -for- The Project will not incur wetland losses in excess of one ratio will be required for all wetland losses 1/10 -acre at any single and complete crossing of that exceed 1/10 -acre and require pre- waters of the United States in North Carolina. construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity -specific waiver of this requirement. For wetland losses of 1/10 -acre or less that require pre -construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that Not applicable — The Project will not result in the loss require pre -construction notification, the district of streams or open waters. engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult -to - replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP See Section 4.1.2 of the Project narrative. All activities in or near streams or other open workspaces within riparian areas will be restored and waters will normally include a requirement for revegetated upon completion of construction. the restoration or enhancement, maintenance, and legal protection of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address N-2-6 November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to The Project will comply with the applicable provisions offset losses of aquatic resources must comply of 33 CFR part 332. with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for See Section 4.1.2 of the Project narrative. No single proposing an appropriate compensatory mitigation and complete project proposed in this application has option if compensatory mitigation is necessary to an associated impact that exceeds the thresholds in ensure that the activity results in no more than NWP General Condition 23(c) or NWP Regional minimal adverse environmental effects. For the Condition 10 for requiring compensatory mitigation. NWPs, the preferred mechanism for providing Nevertheless, the Southgate Project will provide compensatory mitigation is mitigation bank credits compensatory mitigation for the conversion of 2.465 or in -lieu fee program credits (see 33 CFR acres of forested wetland to non -forested wetland 332.3(b)(2) and (3)). However, if an appropriate through purchase of wetland mitigation credits at a 1:1 number and type of mitigation bank or in -lieu ratio from an approved mitigation bank with a service credits are not available at the time the PCN is territory covering the watershed where the impacts submitted to the district engineer, the district would occur. No compensatory mitigation is proposed engineer may approve the use of permittee- for permanent stream or wetland losses because no responsible mitigation. permanent losses are proposed for the Project. (2) The amount of compensatory mitigation Noted required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and Noted the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee -responsible mitigation. (4) If permittee -responsible mitigation is the See Section 4.1.2 of the Project narrative. No single proposed option, the prospective permittee is and complete project proposed in this application has responsible for submitting a mitigation plan. A an associated impact that exceeds the thresholds in conceptual or detailed mitigation plan may be used NWP General Condition 23(c) or NWP Regional by the district engineer to make the decision on Condition 10 for requiring compensatory mitigation. the NWP verification request, but a final mitigation Nevertheless, the Southgate Project will provide plan that addresses the applicable requirements of compensatory mitigation for the conversion of 2.465 33 CFR 332.4(c)(2) through (14) must be acres of forested wetland to non -forested wetland approved by the district engineer before the through purchase of wetland mitigation credits at a 1:1 permittee begins work in waters of the United ratio from an approved mitigation bank with a service States, unless the district engineer determines that territory covering the watershed where the impacts prior approval of the final mitigation plan is not would occur. No compensatory mitigation is proposed N-2-7 November 2018 M Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement practicable or not necessary to ensure timely for permanent stream or wetland losses because no completion of the required compensatory permanent losses are proposed for the Project. mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in -lieu fee program credits See Section 4.1.2 of the Project narrative. No single are the proposed option, the mitigation plan only and complete project proposed in this application has needs to address the baseline conditions at the an associated impact that exceeds the thresholds in impact site and the number of credits to be NWP General Condition 23(c) or NWP Regional provided. Condition 10 for requiring compensatory mitigation. Nevertheless, the Southgate Project will provide compensatory mitigation for the conversion of 2.465 acres of forested wetland to non -forested wetland through purchase of wetland mitigation credits at a 1:1 ratio from an approved mitigation bank with a service territory covering the watershed where the impacts would occur. No compensatory mitigation is proposed for permanent stream or wetland losses because no permanent losses are proposed for the Project. (6) Compensatory mitigation requirements (e.g., Noted resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (a) Compensatory mitigation requirements (e.g., Noted resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. (b) Permittees may propose the use of mitigation Noted banks, in -lieu fee programs, or permittee - responsible mitigation when developing a compensatory mitigation. (c) Where certain functions and services of waters See Section 4.1.2 of the Project narrative. No single of the United States are permanently adversely and complete project proposed in this application has affected by a regulated activity, such as an associated impact that exceeds the thresholds in discharges of dredged or fill material into waters NWP General Condition 23(c) or NWP Regional of the United States that will convert a forested Condition 10 for requiring compensatory mitigation. or scrub -shrub wetland to a herbaceous Nevertheless, the Southgate Project will provide wetland in a permanently maintained utility line compensatory mitigation for the conversion of 2.465 right-of-way, mitigation may be required to acres of forested wetland to non -forested wetland reduce the adverse environmental effects of the through purchase of wetland mitigation credits at a 1:1 activity to the no more than minimal level. ratio from an approved mitigation bank with a service territory covering the watershed where the impacts would occur. No compensatory mitigation is proposed N-2-8 November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement for permanent stream or wetland losses because no permanent losses are proposed for the Project. 24. Safety of Impoundment Structures To ensure Not applicable - The Southgate Project will not create that all impoundment structures are safely impoundment structures. designed, the district engineer may require non - Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. 25. Water Quality Where States and authorized The Southgate Project will comply with the general Tribes, or EPA where applicable, have not water quality certification conditions. previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality This application constitutes the Project's notice and Certification must be obtained or waived (see 33 request for any 401 Water Quality Certification that CFR 330.4(c)). The district engineer or State or may be required for any Project activity described Tribe may require additional water quality herein. management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management Not applicable - The Southgate Project is not located within the Coastal Zone. 27. Regional and Case -By -Case Conditions The See Appendix 0-3. activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits The use of The Southgate Project is only requesting authorization more than one NWP for a single and complete under NWP 12 and does not require at this time, and project is prohibited, except when the acreage is not expected to require, other NWP(s), regional loss of waters of the United States authorized by general permit(s) or individual permit(s). the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 - acre. 29. Transfer of Nationwide Permit Verifications If the Noted permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement N-2-9 November 2018 M Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement and signature: 30. Compliance Certification Each permittee who Noted receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee -responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. 31. Activities Affecting Structures or Works Built by Not applicable - The Southgate Project is not located in any of the USACE federally authorized civil works the United States If an NWP activity also requires permission from the Corps pursuant to project areas and will not require permission pursuant 33 U.S.C. 408 because it will alter or temporarily to 33 U.S.C. 408. or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USACE project"), the prospective permittee must submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre -Construction Notification This application serves as the pre -construction a) Timing: where required by the terms of the NWP, notification for those activities within waters of United the prospective permittee must notify the district States that meet the criteria identified within the engineer by submitting a pre- construction notification procedures for work in North Carolina. notification (PCN) as early as possible. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. b) Contents of Pre -Construction Notification: The This application serves as the pre -construction PCN must be in writing and include the following notification for those activities within waters of United information: States that meet the criteria identified within the notification procedures for work in North Carolina. (1) Name, address and telephone numbers of the See completed application form. prospective permittee; (2) Location of the proposed activity; See completed application form. (3) Identify the specific NWP or NWP(s) the The Southgate Project is seeking authorization under prospective permittee wants to use to authorize NWP 12 for utility line activities. the proposed activity; (4) A description of the proposed activity; the The Joint Permit Application package for the activity's purpose; direct and indirect adverse Southgate Project provides the applicable information environmental effects the activity would cause, required for Pre -Construction Notification. including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in N-2-10 November 2018 M Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre -construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of See Appendix B (alignment sheets) and Appendix J wetlands, other special aquatic sites, and other (North Carolina Wetland and Waterbody Delineation waters, such as lakes and ponds, and perennial, Report). intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 -day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of Not applicable — the Project will not result in the loss of greater than 1/10 -acre of wetlands and a PCN is greater than 1/10 -acre of waters of the United States required, the prospective permittee must submit a at any single and complete crossing. See Appendix statement describing how the mitigation K-1. requirement will be satisfied or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed N-2-11 November 2018 M Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement mitigation plan. (7) For non -Federal permittees, if any listed species See Section 5.5 of the Project narrative. The Project or designated critical habitat might be affected or will provide documentation demonstrating compliance is in the vicinity of the activity, or if the activity is with the Endangered Species Act upon completion of located in designated critical habitat, the PCN consultation with the U.S. Fish and Wildlife Service. must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre - construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act. (8) For an activity that will occur in a component of Not applicable - There are no National Wild and the National Wild and Scenic River System, or in a Scenic River systems or study rivers within the river officially designated by Congress as a "study Southgate Project limits. river" for possible inclusion in the system. (9) For an activity that requires permission from the Not applicable - The Southgate Project is not located Corps pursuant to 33 U.S.C. 408 because it will in any of the USACE federally authorized civil works alter or temporarily or permanently occupy or use project areas and will not require permission pursuant a U.S. Army Corps of Engineers federally to 33 U.S.C. 408. authorized civil works project. c) Form of Pre -Construction Notification: The This application serves as the pre -construction standard individual permit application form (Form notification for those activities within waters of United ENG 4345) may be used, but the completed States that meet the criteria identified within the application form must clearly indicate that it is an notification procedures for work in North Carolina. NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. d) Agency Coordination: Noted (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all Noted NWP activities that require pre -construction notification and result in the loss of greater than 1/2 -acre of waters of the United States; (3) When agency coordination is required, the Noted district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or N-2-12 November 2018 Mountain Valley PIPELINE Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-2 Southgate Project Compliance with General Nationwide Permit Conditions Condition Southgate Project Compliance Statement water quality agency, EPA, and, if appropriate, the NMFS). (4) In cases of where the prospective permittee Not applicable — No Essential Fish Habitat is crossed is not a Federal agency, the district engineer by the Project. will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Noted Corps with either electronic files or multiple copies of pre -construction notifications to expedite agency coordination. N-2-13 November 2018 M Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-3 MVP Southgate Compliance with Nationwide Permit General Regional Conditions for the Wilmington District Condition Southgate Project Compliance Statement 1.0 Excluded Waters 1.1 Anadromous Fish Spawning Areas - Waters of the Not applicable — The Project does not cross any United States identified by either the North identified anadromous fish spawning areas in North Carolina Division of Marine Fisheries (NCDMF) or Carolina. the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from the Corps and either NCDMF or NCWRC. 1.2 Trout Waters Moratorium - Waters of the United Not applicable — The Project is not located within any States in the designated trout watersheds of North designated trout watersheds. Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC, or from the Eastern Band of Cherokee Indians (EBCI) Fisheries and Wildlife Management (FWM) office if the project is located on EBCI trust land. 1.2 Sturgeon Spawning Areas - Waters of the United Not Applicable — The Project does not cross any Waters States designated as sturgeon spawning areas are of the United States designated as sturgeon spawning excluded during the period between February 1 areas. and June 30, without prior written approval from the NMFS. 2.0 Waters Requiring Additional Notification 2.1 Western NC Counties that drain into Designated Not applicable — The Project is not located within any of Critical Habitat - For proposed activities within the Western NC Counties that drain into Designated waters of the United States that require a Pre- Critical Habitat. Construction Notification (PCN) and are located in the sixteen Western NC counties, permittees must provide a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS). 2.2 Special Designation Waters - Prior to the use of The Project crosses several Special Designation any NWP, except NWP 3, that involves a Waters (See Appendix K-2). This application serves as discharge of dredged or fill material in any of the the pre -construction notification for those activities following identified waters and/or adjacent within waters of United States that meet the Special wetlands in North Carolina, permittees shall Designation Waters criteria identified within the submit a PCN to the District Engineer prior to notification procedures for work in North Carolina. commencing the activity. 2.3 Coastal Area Management Act Areas of Not applicable — The Project is not located within the Environmental Concern - Non-federal permittees North Carolina coastal zone. for any NWP in a designated "Area of Environmental Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office. N-3-1 November 2018 M Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-3 MVP Southgate Compliance with Nationwide Permit General Regional Conditions for the Wilmington District Condition Southgate Project Compliance Statement 2.4 Barrier Islands - Prior to the use of any NWP on a Not applicable — The Project is not located on a barrier barrier island of North Carolina, permittees must island. submit a PCN to the District Engineer prior to commencing the activity. 2.5 Mountain or piedmont bogs - Prior to the use of Not applicable — The Project is not located on a any NWP in a Bog, as classified by the North mountain or piedmont bog. Carolina Wetland Assessment Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to commencing the activity. 2.6 Animal Waste Facilities - Prior to use of any NWP Not applicable — The Project does not involve the for construction of animal waste facilities in waters construction of an animal waste facility. of the United States, including wetlands, permittees shall submit a PCN to the District Engineer prior to commencing the activity. 2.7 Trout Waters - Prior to any discharge of dredge or Not applicable — The Project does cross any streams, fill material into streams, waterbodies or wetlands waterbodies or wetlands within a designated trout within the 294 designated trout watersheds of watershed. North Carolina, the permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to commencing the activity. The permittee shall also provide a copy of the notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is located on EBCI trust land), to facilitate the determination of any potential impacts to designated Trout Waters. 2.8 Western NC Waters and Corridors - The permittee Not applicable - The Project is not located within any of shall submit a PCN to the District Engineer prior the listed waters of western North Carolina or within 0.5 to commencing the activity in waters of the United miles on either side of the respective water. States if the activity will occur within any of the following identified waters in western North Carolina, within 0.5 mile on either side of these waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank of the respective water (i.e., river, stream, or creek). 3.0 List of Corps Regional Conditions for All Nationwide Permits 3.1 Limitation of Loss of Stream Bed - NWPs may not See Section 2.4.4 and 2.5.1 of the Project narrative. be used for activities that may result in the loss or The Project will not result in the loss or degradation of degradation of more than 300 total linear feet of more than 300 linear feet of stream bed. All streams stream bed, unless the District Engineer has temporarily impacted during construction will be waived the 300 linear foot limit for ephemeral and restored to pre -construction conditions. intermittent streams on a case-by-case basis and has determined that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments. This waiver only applies to the 300 linear feet threshold for NWPs. N-3-2 November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-3 MVP Southgate Compliance with Nationwide Permit General Regional Conditions for the Wilmington District Condition Southgate Project Compliance Statement 3.2 Mitigation for Loss of Stream Bed - For any NWP Not applicable — The Project will not result in the loss of that results in a loss of more than 150 linear feet stream bed(s). of stream, the permittee shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that require a PCN, the District Engineer may determine, on a case-by-case basis, that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre—construction Notification for Loss of Streambed Not applicable — The Project will not result in the loss of Exceeding 150 feet - Prior to use of any NWP for stream bed(s). any activity which impacts more than 150 total linear feet of perennial stream, intermittent or ephemeral stream, the permittee shall submit a PCN to the District Engineer prior to commencing the activity. 3.4 Restriction on Use of Live Concrete - For all NW Ps See Section 4.4 of the Project narrative. The Project which allow the use of concrete as a building will not allow live or fresh concrete to come into contact material, live or fresh concrete, including bags of with waters of the United States. uncured concrete, may not come into contact with the water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the United States after the concrete is set and cured and when it no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank The Project does not anticipate the use of riprap for Stabilization stream bank stabilization purposes. In the event that 3.5.1. Where bank stabilization is conducted as part of riprap is required for bank stabilization purposes, the an activity, natural design, bioengineering and/or Project will adhere to the general conditions. See geoengineering methods that incorporate natural Section 4.4 of the Project narrative. durable materials, native seed mixes, and native plants and shrubs are to be utilized to the maximum extent practicable. 3.5.2. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed or "keyed" into the bank of the waterbody. 3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. N-3-3 November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-3 MVP Southgate Compliance with Nationwide Permit General Regional Conditions for the Wilmington District Condition Southgate Project Compliance Statement 3.6 Requirements for Culvert Placement See Section 2.4.4 of the Project narrative. The pre - 3.6.1 For all NWPs that involve the construction stream conditions will not be altered as the construction/installation of culverts, measures result of a newly installed culvert. Culverts will be will be included in the construction/installation installed in a manner so that passage will still be that will promote the safe passage of fish and possible for fish and aquatic organisms during the other aquatic organisms. The dimension, pattern, average historical low flow and spring flow. and profile of the stream above and below a pipe or culvert should not be modified by altering the width or depth of the stream profile in connection with the construction activity. The width, height, and gradient of a proposed culvert should be sufficient to pass the average historical low flow and spring flow without adversely altering flow velocity. 3.7 Notification to NCDEQ Shellfish Sanitation Section Not applicable — The Project is not located in any areas - Permittees shall notify the NCDEQ Shellfish where shell fishing occurs. Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. 3.8 Submerged Aquatic Vegetation - Impacts to Not applicable — The Project does not cross any areas Submerged Aquatic Vegetation (SAV) are not of Submerged Aquatic Vegetation. authorized by any NWP, except NWP 48, unless EFH Consultation has been completed pursuant to the Magnuson -Stevens Fisheries Conservation and Management Act (Magnuson -Stevens Act). Permittees shall submit a PCN to the District Engineer prior to commencing the activity if the project would affect SAV. 3.9 Sedimentation and Erosion Control Structures See Section 2.4.1 of the Project narrative. The Project and Measures - All PCNs will identify and describe will adopt the FERC Plan (Appendix D) and Procedures sedimentation and erosion control structures and (Appendix E) to minimize impacts on the environment. measures proposed for placement in waters of the The Project will develop its own Project -specific Erosion United States. The structures and measures and Sediment Control Plan ("E&SC") based on field should be depicted on maps, surveys or drawings conditions and state requirements that will outline best showing location and impacts to jurisdictional management practices ("BMPs") to minimize impacts. wetlands and streams. Copies of these plans will be submitted to USACE and NCDEQ in early 2019. 3.10 Restoration of Temporary Impacts to Stream Beds See Section 2.5.1 of the Project narrative. Completed - Upon completion of work that involves temporary stream crossings using the flume or dam and pump stream impacts, streambeds are to be restored to methods will be stabilized before returning flow to the pre -project elevations and widths using natural channel. Areas disturbed will be restored to pre- streambed material such that the impacted stream construction or better conditions. Streambed reach mimics the adjacent upstream and substrate will be segregated from other soils and will downstream reach. be backfilled into the stream once the pipeline is laid. Original streambed and bank contours will be re- established for surface water and groundwater flow, and mulch, jute thatching, or bonded fiber blankets will be installed on the stream banks, which are N-3-4 November 2018 M Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-3 MVP Southgate Compliance with Nationwide Permit General Regional Conditions for the Wilmington District Condition I Southgate Project Compliance Statement 3.11 Restoration of Temporary Impacts to Stream Banks - Upon completion of work involving temporary stream bank impacts, stream banks are to be restored to pre -project grade and contours or beneficial grade and contours if the original bank slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and shrubs are to be utilized in the restoration. preferential to plastic erosion control blankets because they reduce wildlife entrapment and are biodegradable. Where the flume technique is used, stream banks will be stabilized before removing the flume pipes and returning flow to the waterbody channel. See Section 2.5.1 of the Project narrative. Completed stream crossings using the flume or dam and pump methods will be stabilized before returning flow to the channel. Areas disturbed will be restored to pre - construction or better conditions. Streambed substrate will be segregated from other soils and will be backfilled into the stream once the pipeline is laid. Original streambed and bank contours will be re- established for surface water and groundwater flow, and mulch, jute thatching, or bonded fiber blankets will be installed on the stream banks, which are preferential to plastic erosion control blankets because they reduce wildlife entrapment and are biodegradable. Where the flume technique is used, stream banks will be stabilized before removing the flume pipes and returning flow to the waterbody channel. Seeding of disturbed stream approaches will be completed in accordance with the FERC Procedures after final grading, weather and soil conditions permitting. 1 3.12 Federal Navigation Channel Setbacks and Corps Easements 3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. 3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. 3.13 Northern Long-eared Bat — Endangered Species Act Compliance - The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States Fish and Wildlife Service (USFWS) regarding the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered Species (SLOPES) have been approved by the Not applicable — The Project is not located in a federal navigation channel and is not located adjacent to a Federally -authorized waterway. Not applicable — The Project does not cross any Corps easements. See Section 5.5.3 of the Project narrative. The Project conducted mist net surveys for rare bat species including northern long-eared bat in 2018. Based on the lack of species occurrence during summer sampling, all federally listed species are assumed absent or present in such low density as for impacts to be inconsequential and Federal requirements for the Project under Section 7(a)(2) of the ESA are met. N-3-5 November 2018 Mountain Valley PIPELINE Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-3 MVP Southgate Compliance with Nationwide Permit General Regional Conditions for the Wilmington District Condition Southgate Project Compliance Statement Corps and the USFWS. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or federally designated critical habitat. 3.14 Work on Eastern Band of Cherokee Indians Land Not applicable — The Project is not located within - All PCNs submitted for activities in waters of the Eastern Band of Cherokee Indians land. United States on Eastern Band of Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must comply with the requirements of the latest MOU between the Wilmington District and the Eastern Band of Cherokee Indians. N-3-6 November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-4 Southgate Project Compliance with Wilmington District Additional Regional Conditions for Nationwide Permit 12 Utility Line Activities Condition Southgate Project Compliance Statement Pipeline/utility line construction through jurisdictional waters and See Section 2.10 of Project narrative and wetlands will be accomplished utilizing directional drilling/boring Appendix Q (to be submitted at a later date). methods to the maximum extent practicable. Temporary discharge of excavated or fill material into wetlands See Section 2.4.3 and Section 4.4 of the and waters of the United States will be for the absolute minimum Project narrative. The Southgate Project will period of time necessary to accomplish the work. Temporary conduct construction across waterbodies in discharges will be fully contained with appropriate erosion control accordance with the FERC Procedures. The or containment methods or otherwise such fills will consist of non- normal trenching operations will skip the erodible materials. waterbody crossing, stopping on each side near the top of bank. The Project will install the waterbody section of the pipeline by one of the methods described below. In general, pipe will be bent and fabricated as the work progresses along the right-of-way so that the excavation of the waterbody crossing is completed prior to pipe installation by the tie-in crew. The work area authorized by this permit, including temporary See Section 2.3.1 of the Project narrative. and/or permanent fills, will be minimized to the greatest extent The pipeline will generally require a 100 -foot - practicable. Justification for work corridors exceeding forty (40) feet wide construction right-of-way (limit of in width is required and will be based on pipeline diameter and disturbance) during construction within length, size of equipment required to construct the utility line, and uplands and 75 feet of workspace within other construction information deemed necessary to support the wetlands. The temporary workspace is request. The permittee is required to provide this information to the necessary for worker safety, the safe travel of Corps with the initial notification package. construction vehicles and equipment, stockpiling soil, and installation of erosion and sediment controls. The proposed right-of-way width are consistent with the Interstate Natural Gas Association of America's ("INGAX) recommendations for a pipeline diameter of 18 to 24 inches. INGGA recommends the use of a 95 -foot baseline width and increasing or decreasing this baseline width for special conditions (Gulf Interstate Engineering, 1999). Excavated materials shall be returned to the excavated areas and See Section 2.4.2 of the Project narrative. any remaining materials shall be disposed of in uplands, unless the Excess soil will be distributed evenly on the Corps authorizes disposal in waters of the United States. In areas right-of-way in accordance with landowner and where a sub -aqueous utility line is to cross a federally -maintained agency requirements, only in upland areas channel, (i.e., the Atlantic Intracoastal Waterway [AIWW]), the line and only to meet the pre -construction surface will be buried at least six (6) feet below the allowable over depth of elevations. the authorized channel, including all side slopes. For areas outside federally -maintained channels, sub -aqueous lines must be See Section 2.4.1 of the Project narrative. installed at a minimum depth of two (2) feet below the substrate The pipeline will be buried a minimum of three when such lines might interfere with navigation. feet below the ground surface except for locations where the pipe will be installed within rock. In those instances, the minimum depth of cover will be two feet. The minimum clearance for aerial communication lines, or any Not applicable — The Project does not involve lines not transmitting electrical power, will be ten (10) feet above construction of aerial communication lines. the clearance required for nearby stationary bridges as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has not established a bridge clearance, minimum vertical clearances for power and aerial lines will not be less than required by Section N-4-1 November 2018 IT Mountain Valley Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-4 Southgate Project Compliance with Wilmington District Additional Regional Conditions for Nationwide Permit 12 Utility Line Activities Condition Southgate Project Compliance Statement 23, Rule 232, of the latest revision of the National Electrical Safety Code (American National Standards Institute C2). Clearances will not be less than shown in Table 232-1, Item 7, American National Standards Institute C2. The minimum clearance for an aerial line, transmitting electrical Not applicable — The Project does not involve power, is based on the low point of the line under conditions that construction of electrical transmission lines. produce the greatest sag, taking into consideration temperature, load, wind, length or span and the type of supports. The minimum clearance for an aerial electrical power transmission line crossing navigable waters of the United States, where there is an established bridge clearance established by the U.S. Coast Guard, shall be governed by the system voltage. On navigable waters of the United States, including all federal Not applicable — The Project does not cross navigation projects, where there is no bridge for reference for any navigable waters of the United States. minimum clearance, the proposed project will need to be reviewed by the Corps in order to determine the minimum clearance between the line and MHW necessary to protect navigational interests. A plan to restore and re -vegetate wetland areas cleared for See Section 2.5 of the Project narrative. Upon construction must be submitted with the required PCN. Cleared completion of the pipeline installation, the wetland areas shall be re -vegetated to the maximum extent surface of the right-of-way disturbed during practicable with native species of canopy, shrub, and herbaceous construction activities will be graded to match species. Fescue grass shall not be used. original contours and to be compatible with surrounding drainage patterns. Segregated topsoil will be replaced in unsaturated wetlands. Unsaturated wetlands will be allowed to revegetate naturally, as the seed bank will be maintained within the topsoil layer. Wetland revegetation will be considered successful when the cover of herbaceous and/or woody species is at least 80 percent of the type, density, and distribution of the vegetation in adjacent wetland areas that were not disturbed by construction. Revegetation efforts will continue until wetland revegetation is successful based on the FERC Procedures and other applicable regulatory approvals. Any permanently maintained corridor along the utility right of way See Section 4.1.2 of the Project narrative. The within forested wetlands shall be considered a permanent impact. Southgate Project will provide compensatory A compensatory mitigation plan will be required for all such mitigation for the conversion of approximately impacts associated with the requested activity if the activity 2.5 acres of forested wetland to non -forested requires PCN and the cumulative total of permanent forested wetland through purchase of wetland mitigation wetland impacts exceeds 1/10 -acre, unless the District Engineer credits at a 1:1 ratio from an approved determines in writing that either some other form of mitigation mitigation bank with a service territory covering would be more environmentally -appropriate or the adverse effects the watershed where the impacts would occur. of the proposed activity are minimal. Use of rip -rap or any other engineered structures to stabilize a The Project does not propose to use rip -rap or stream bed should be avoided to the maximum extent practicable. other engineered structures to stabilize stream If riprap stabilization is needed, it should be placed only on the beds. stream banks, or, if it is necessary to be placed in the stream bed, See Section 2.4.4 and Appendix H. The the finished top elevation of the riprap should not exceed that of Project has developed a HDD Contingency the original stream bed. When directional boring or horizontal Plan to address disposal of drilling fluid as well N-4-2 November 2018 Mountain Valley PIPELINE Joint Permit Application USACE —Wilmington District and NCDEQ SAW -2018-008887 Appendix N-4 Southgate Project Compliance with Wilmington District Additional Regional Conditions for Nationwide Permit 12 Utility Line Activities Condition Southgate Project Compliance Statement directional drilling (HDD) under waters of the United States, as protocols to be implemented in the unlikely including wetlands, permittees shall closely monitor the project for event of an inadvertent release of drilling fluid hydraulic fracturing or "fracking." Any discharge from hydraulic to waters of the United States. fracturing or "tracking" into waters of the United States, including wetlands, shall be reported to the appropriate Corps Regulatory Field Office within 48 hours. Restoration and/or compensatory mitigation may be required as a result of any unintended discharges. For purposes of this NWP, the term utility line does not include Noted pipes or culverts associated with driveways, roadways, lots, etc. The permittee shall submit a PCN to the District Engineer prior to This application serves as the pre -construction commencing the activity if the activity will involve the discharge of notification for those activities within waters of dredged or fill material into more than 1/10 -acre of wetlands or 150 United States that meet the criteria identified linear feet of stream channel for the construction of temporary within the notification procedures for work in access fills and/or temporary road crossings. The PCN must North Carolina. See Section 2.5 of the Project include a restoration plan that thoroughly describes how all narrative for information regarding restoration. temporary fills will be removed, describes how pre -project conditions will be restored, and includes a timetable for all restoration activities. N-4-3 November 2018