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
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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.
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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
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Joint Permit Application
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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
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Joint Permit Application
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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
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Joint Permit Application
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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
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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
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Joint Permit Application
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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
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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
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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
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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
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Joint Permit Application
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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.
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Joint Permit Application
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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.
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Joint Permit Application
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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.
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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
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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.
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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.
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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
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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
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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.
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