HomeMy WebLinkAbout20130802 Ver 1_USACE Permit_20130826Applicant
Address
13 -D803-
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW - 2013 -00691 County Orange U S G S Quad NC- Northwest Durham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Telephone Number
Public Service Company of North Carolina (PSNC)
George Ratchford
800 Gaston Road
P.O. Box 1398
Gastonia, NC, 28056
(704) 834 -6621
Length (linear feet) 77,366 Nearest Town Carrboro, Durham
Nearest Waterway Jones Creek River Basin Cape Fear. North Carolina.
USGS HUC 3030002 Coordinates Latitude 35.96908 to 35.99412
Longitude - 79.11425 to - 79.93685
Location description The project corridor originates west of Old Highway 86 (35.96908 N, 79.11425 W) and terminates on the
north side of Duke University Road (35.99412 N. 78.93685 W); roughly north of the Town of Chapel Hill and west of the City
of Durham, in Orange and Durham Counties, North Carolina.
Description of projects area and activity The proposed project is for PSNC to install approximately 77,366 linear feet of 12 -inch
diameter steel natural gas pipeline. This verification authorizes the temporary discharge of fill in eight stream impact locations
for a total of 212 linear feet, along with the temporary discharge of fill in three wetland locations for a total of 3,313 square
feet during the construction of the pipeline. Additionally, 1,122 square feet (0 026 acres) of permanent impacts (conversion of
forested wetlands to emergent wetlands) within one of the wetland areas is authorized. Permjttee to comply with the attached
Special Conditions.
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Nationwide Permit Number NWP 12 Utility Line Activities.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 07/31/2013. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (j e , are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Quality (telephone 919 - 807 -6300) to determine Section 401 requirements
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N C Division of Coastal Management in Morehead City, NC, at (252) 808 -2808
This Department of the Army verification does not relieve the permjttee of the responsibility t n other required Federal,
State or local approvals /permits @
a
t�/VJ%L(,5•
PG 2 2013
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Craig Brown at 919 -554 -4884 x35 or Craig.J Biown(n�usace.armv mil
Corps Regulatory Official Craig Brown _
Expiration Date of Verification 03/18/2017
Craig J. Digitallysignedby Crag JBrown
DN cn= CraigJ Brown o ou
mad= craigj brown @usacearmy
Brown Dalte 20130822095730 0400
SPECIAL CONDITIONS
Date August 22, 2013
In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer Form The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit authorization
SAW- 2013 -00691
Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331)
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action Please reference
jurisdictional determination issued Action ID SAW -
Basis for Determination:
The jurisdictional streams within the project are relatively permanent waterways (RPWs) exhibiting ordinary high watermarks
(OHM) which are indicated by the following physical characteristics clear line impressed on the bank, sediment sorting, and
riffle pool complexes The streams in this project flow into the New Hope River, which flows into the Haw River, a traditional navigable
waterway The jurisdictional wetland sites within the project area exhibit wetland criteria as defined in the 1987 Corps Wetland
Delineation Manual and appropriate Regional Supplement
Remarks: USACE verified delineation with a site visit on April 9, 2013.
E. Attention USDA Program Participants
This delmeahon/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site
identified in this request The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985 If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work
F. Appeals Information (This information applies only to approved ,jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved. jurisdictional determination for the above described site If you object to tlus
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you
must submit a completed RFA form to the following address
US Army Corps of Engineers
South Atlantic Division
Attn Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M 15
Atlanta, Georgia 30303 -8801
Phone (404) 562 -5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 3315, and that it has been received by the Division Office within 60 days of the date of the NAP Should you
decide to submit an RFA form, it must be received at the above address by (N /A)
* *It is not necessary to submit an RFA n to the Division Office if you do not object to the determination in this correspondence **
Corps Regulatory Official
Craig Brown
Date of JD N/A
Expiration Date of JD N/A
SAW -2013 -01561
The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so,
please complete our customer Satisfaction Survey online at http //per2 nwp usace army mil /sui vey html
Copy furnished
1
Agent Walter Cole
S &ME
Address 3201 Spring Forest Road
Raleigh, NC 27616
Telephone Number 919 - 872 -2660
2
NCDWQ Karen Higgins
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee George Ratchford for Public Service Company of North Carolina (PSNC) Action ID. SAW- 2013 -00691
Project Name. Duke University Natural Gas Pipeline Extension County. Orange
Instructions to Permittee. The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program ( NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U S Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors
Instructions to Sponsor- The Sponsor must verify that the mitigation requirements shown below are available at the
identified site By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program
Manager The Sponsor must also comply with all reporting requirements established in their authorizing instrument
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts
(acres)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Riverine
Riverme
Non- riverine
0 026 ac
0 026 ac
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Riverine
Non- riverine
0 026 ac
Mitigation Site Debited Cripple Creek Stream & Wetland Mitigation Bank
(List the name of the bank to be debited For umbrella banks, also list the specific site For NCEEP, list NCEEP If the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited)
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements
Mitigation Sponsor Name
Name of Sponsor's Authorized Representative,
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 2 October, 2012
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE Is In receipt of the signed form, the
Permittee Is no longer responsible for providing the mitigation Identified In this form, though the Permlttee remains
responsible for any other mitigation requirements stated In the permit conditions
• Construction within jurisdictional areas authorized by the permit Identified on page one of this form can begin only
after the USACE Is In receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein For authorized Impacts conducted by
the North Carolina Department of Transportation ( NCDOT), construction within jurisdictional areas may proceed upon
permit Issuance, however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit Issuance NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein
• Signed copies of this document must be retained by the Permlttee, Mitigation Sponsor, and In the USACE
administrative records for both the permit and the Bank /ILF Instrument It Is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) Is provided with a signed copy of this form
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina
Interagency Review Team (NCIRT) If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and Included in the USACE administrative records for both
the permit and the Bank /ILF Instrument
Comments /Additional Conditions- In a letter dated July 18, 2013, Restorations Systems, LLC confirmed that PSNC has
reserved for purchase 0 03 riparian wetland mitigation credits for the Cripple Creek Stream & Wetland Mitigation Bank
This form Is not valid unless signed by the mitigation Sponsor and USACE Project Manager For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below
USACE Project Manager: Craig Brown
USACE Field Office Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email- craig.j.brown @usace.army mil
Digitally signed by Craig J Brown
Craig J. B row n em cn =Craig J Brown o ou
email =craig J brown @usace army mil, c =US
Date 2013 08 22 09 54 52 -04 00
Craig Brown August 22, 2013
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, Including Information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (Including stream temperature and wetland groupings) Is
available at http Hribits usace army mil
Page 2 of 2
The Wilmington District Is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our webslte at http / /regulatory usacesurvev com/to complete the survey online