HomeMy WebLinkAbout20150451 Ver 1_Jurisdictional Determination_20150728V 15- 0-kF5 �
Ef N CRDeptl OEENR
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT JUL
1015
Action Id SAW- 2015 -00526 County Guilford U S G S Quad NC- SUMMERFIELD W►NSTON
FF CE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATIOR l� GIONAL O
Applicant: Piedmont Natural Gas Comvanv
attn: Jason Brown
Address: 4720 Piedmont Row Drive
Charlotte, NC 28210
Agent: Enerav Land & Infrastructure LLC
attn: Suzanne B. Herron
Address: 1420 Donelson Pike, Suite A -12
Nashville, TN 37217
Size (acres) —17 Nearest Town Stokesdale
Nearest Waterway UT to Haw River River Basin Haw. North Carolina.
USGS HUC 3030002 Coordinates 36.23472 N, - 79.93873 W
Location description The proiect area is an approximatelv 50 foot wide new location natural gas corridor located between
approximately the intersection of US 158 and Southard Road (36.237120 N, 79.950006 W), southeast to the east side of
Flatrock Road, approximately 0.65 mile south of its intersection with US 158 (36.232292 N, 79.927463 W), in Stokesdale,
Guilford County, North Carolina.
Description of projects area and activity Install approximately 8,000 linear feet of 6 -inch diameter natural gas transmission
line, including three (3) distinct crossings (nroiects):
1) Crossing 1 (Wetland Impact WI) requires the temporary discharge of dredged material into 0.086 acre of wetlands,
including the permanent conversion of 0.072 acre of forested to herbaceous wetlands, for gas line installation and
construction access.
2) Crossing 2 (Stream Impact Sl and Wetland Impact W2) requires the permanent discharge of fill material (not a loss
of waters of the US) into 30 linear feet ( <0.01 acre) of stream channel, and the temporary discharge of dredged
material into 0.0103 acre of wetlands, including the permanent conversion of 0.0098 acre of forested to herbaceous
wetlands, for gas line installation and vehicle access.
3) Crossing 3 (Stream Impact S2 and Wetland Impact W3) requires the permanent discharge of fill material (not a loss
of waters of the US) into 30 linear feet ( <0.01 acre) of stream channel, and the temporary discharge of dredged
material into 0.097 acre of wetlands, including the permanent conversion of 0.072 acre of forested to herbaceous
wetlands, for gas line installation and vehicle access. ._
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 5/5/2015 (received 5/7/2015), revised /updated
information dated 7/8/2015 (received 7/10/2015). and revised /updated information received via email on 7/20/2015. Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, 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 (i 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 (LAMA),
prior to beginning work you must contact the N C Division of Coastal Management
This Department of the Army verification does not relieve the permrttee of the responsibility to obtain any other required Federal,
State or local approvals /permits
Page 1 of 2
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Bailev at 919 -554 -4884 ext 30 or David. E.Bailev2Q,usace.armv.mil
BAILEY DAVID E 13792/
Corps Regulatory Official 83736 {," "v mom° Date 7/21/2015
Expiration Date of Verification 3/18/2017
Copy furnished
Sue Homewood, NCDENR -DWR, 450 W Hanes Mill Rd, Suite 300, Winston - Salem, NC 27105
Special Conditions for SAW- 2015- 01107:
1. 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.
2 Temporary discharge of excavated or fill material into wetlands and streams will be for the absolute
minimum period of time necessary to accomplish the work. All authorized temporary wetland and
stream impacts will be returned to pre - disturbance grade and contour, and re- vegetated /stabilized as
described in the "Typical Wetland Crossing Detail" and "Streambank Stabilization" detail on Drawing
No. 3011 -018 of your submitted "Construction Plans for Stokesdale 6" Pressure Improvement Project"
included in your revised /updated information dated 7/8/2015 (received 7/10/2015).
3. To the maximum extent practicable, in wetland areas where trenching is involved for pipe installation,
wetland topsoil will be segregated from the underlying subsoil, and the top 6 to 12 inches of the trench
will be backfilled with topsoil from the trench
BAILEY.DAVI Digrtallysignedhy
BAILEY DAVID E 1379283736
D.E.1379283 °" =U5 o =US Governmen[
ou =DOD o PKI ou =USA,
--BAILEY DAVID E 1379283736
Corps Regulatory Official 736 Date 2015 07 21 15 24 39 0400 Date 7/21/2015
Expiration Date of Verification- 03/18/2017
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibilitv Transfer Form
Permittee: Piedmont Natural Gas Company Action ID: SAW- 2015 -01107
Project Name: Stokesdale 6 inch Pressure Improvement Project County: Guilford
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 (credits) 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
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2) 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 Riverine Riparian Non- Riverine Non - Riparian Coastal
0 154
*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 Riverine Riparian Non- Riverine I Non - Riparian Coastal
0 154
Mitigation Site Debited: North Carolina Division of Mitigation Services (NCDMS)
(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 12 September, 2014
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 Permittee 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 Permittee, 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:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1 Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwell @usace.army.mil) Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below
USACE Project Manager: David Bailey
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E.Bailev2Pusace.army.mil
I Digitally signed by BAILEY DAM D E I3 )9203]36
BAILEY.DAVID.E.1379283736� BAILEYDAIADE137928336 ° " -PK'ou -USA
L% Date 2015 07 21 15 24 56 04 00 JuIv 21, 2015
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 //ribits 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 website at htto / /reRulatory usacesurvev com/ to complete the survey online
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 detennination 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 Droiect area exhibits water bodies with ordmary high water and wetland criteria as defined in
the aDDlicable regional supplement to the 1987 wetland delineation manual. The water bodies within the corridor are listed in
the attached table. This determination is based on a field verification by David E. Bailev (USACE) on 4/14/2015.
Remarks:
The wetlands and other Waters of the US in the reviewed corridor were flagged by EEE Consulting, Inc., with changes made
in the field by David Bailev (USACE), and are approximated on Figures 6 and 7 of vour "Waters of the U.S. (Including
Wetlands) Delineation" document, included in vour submitted application and attached information dated 5/5/2015 (received
5/7/2015).
E. Attention USDA Program Participants
This delineation / determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction 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 this
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 1OM15
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 331 5, 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 form to the Division Office if you do not object to the determination in this correspondence **
Corps Regulatory Official BAILEY.DAVID.E.1379283736' ,,po„o-;°;�o °`
David E Bailey
Date of JD 7/21/2015
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 httn / /corpsmanu usace armv mil /cm aaex/f?D =136 4 0
Applicant Piedmont Natural Gas Company File Number SAW- 2015 -01 107 I Date 7/21/2015
Attached is See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved Jurisdictional determinations associated with the
permit
• OBJECT If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly You must complete Section II of this form and return the form to the district
engineer Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future Upon receipt of your letter, the district engineer will evaluate your
objections and may (a) modify the permit to address all of your concerns, (b) modify the pen-nit-to address some of your
objections, or (c) not modify the permit having determmed that the permit should be issued as previously written After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit
• APPEAL If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer This form must be received by the division engineer within 60 days
of the date of this notice
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer This form must be received by the division
engineer within 60 days of the date of this notice
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information
ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD
• APPEAL If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section iI of this form and sending the form to the district engineer This form
must be received by the division engineer within 60 days of the date of this notice
E: PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps regarding the
preliminary JD The Preliminary JD is not appealable If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction Also you may provide new information for further consideration by the
Corps to reevaluate the JD
4 r
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'p11',.rcdx�t �)'*a{c
�SECT,ION,�II�� REQUEST�FORdAPPEALRorOBJECTIONS�TO��rA�N�l `NITIAL,'P�ROFFE�RED= PERIVIIT�
REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record )
ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record Neither the appellant nor the Corps may add new information or analyses to the record
However, you may provide additional information to clarify the location of information that is already in the administrative
record
POINT`OF'CONTACTYFQR, U�ESTIONS.OR`,INFORMATION'� 7`''�� `
Q art„ .(� t3
If you have questions regarding this decision and /or the If you only have questions regarding the appeal process you may
appeal process you may contact also contact
District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer
attn: David E. Bailey CESAD -PDO
Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room IOM15
Wake Forest, North Carolina 27587 Atlanta, Georgia 30303 -8801
Phone: (404) 562 -5137
RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site mvesti rations
Date Telephone number
Signature of appellant or agent
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Raleigh Regulatory Field Office, attn: David Bailey, 3331 Heritage Trade
Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD -PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303 -8801
Phone: (404) 562 -5137
1
Table A
Estimated
Site
Cowardin
Amount of
Class of Aquatic
Latitude
Longitude
Number
Class
Aquatic Resource
Resource
-
in Review Area
Non - Section 10
WA
36 235615
-79949454
PFO
0 18 ac
Wetland
Non - Section 10
`" B
3623450;
-79 949345
RFO
9-01 aC
Wetland
Non - Section 10
WC /WD
36 234696
-79938776
PFO
0 06 ac
Wetland
Non - Section 10
WE /WF
36 233611
-79934437
PFO
0 24 ac
Wetland
Non - Section 10
SA
36 234664
-79938684
R4
126 If
Stream
Non - Section 10
SB
36 234541
-79938673
R4
11 If
Stream
Non - Section 10
SC
36 233625
-79934746
R3
103 If
Stream
IV
Action ID Number: SAW- 2015 -01107 County: Guilford
Permittee: Piedmont Natural Gas Company
Project Name: Stokesdale 6 inch Pressure Improvement Project / Piedmont Natural Gas /
Stokesdale / Guilford County / commercial
Date Verification Issued: 7/21/2015
Project Manager: David E. Bailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
attn: David E. Bailey
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and /or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date