20110594 Ver 2_USACE Permit_20111213

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U.S. ARMS' CORPS OF ENGINEERS COPY.
WILMINGTON DISTRICT
Action Id. SAW- 2011 -01294 County: Orange U.S.G.S. Quad: NC- CHAPEL HILL
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Univeristy of North Carolina Agent: Biohabitats, Inc.
Sharon Myers Kevin Nunnery
Address: Department of Environment, Health Address: 8218 Creedmoor Road, Suite 201
and Safety
1120 Estes Drive Ext. CB# 1650 Raleigh, NC, 27613
Chapel Hill„ NC, 27599
Size and location of property (water body, road name /number, town, etc.): . Lattitude 35.9595806399606 Longitude -
79.0695663664983. The site begins at the Orange Countv Landfill, South Landfill and continues southeastward to an existin
Duke Energy easement paralleling the easement to the Weaver Dairy Road right -of -way. The line is routed within the Weaver
Dairy right -of -way to Homestead Road. The line crosses under Homestead Road immediately east of its intersection with
Homestead Park Drive and enters the UNC -CH Carolina North property where the routing is located within the Duct Bank
Utility Line Project Corridor (SAW- 2011 - 01068). The line terminates at the proposed engine generator to be located
approximatelv 200 feet south of Crow Branch. The site is located in Chapel Hill, Orange Countv. North Carolina and is
identified as the UNC -CH Landfill Gas Project.
Description of projects area and activity: This authorization is for the permanent discharge of clean fill
material within 110 linear feet of iurisdictional stream channel for the construction of two permanent road crossings
associated with a gas pipeline. This authorization is also for the temporary discharge of clean fill material within 38 linear feet
of jurisdictional stream channel associated with temporary stream diversions at each permanent road crossing. Crossings
identified as W2 (Wetland F), W3 (Wetland C) and S5 (Crow Branch) are permitted under SAW- 2011 - 01068. This
authorization includes the conversion of 0.008 acre forested iurisdictional wetlands to 0.008 acres emergent jurisdictional
wetlands. This authorization supersedes the verification for Action Identification Number SAW- 2011 -01294 dated Julv 19.
2011.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 12
SEE ATTACHED NATIONWIDE 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 November 14, 2011. 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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.
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 [phone]) 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 permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of. ngineers regulatory
program, please contact Andrew Williams at 919 -554 -4884 x26. D
Corps Regulatory Official i�'%/1 //VrG �` Date: December 12.2011!
Expiration Date of Verification: March 18, 2012 DEC 1 3 2011
WETLAI 5D MD STDR„?WA E SRANCH

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 attached customer Satisfaction Survey or visit http: / /per2.nwp.usace.army.mil /survey.html to complete the survey
online.
Copy Furnished: Ian McMillan
North Carolina Department of Environment and Natural Resources
Division of Water Quality 401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
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 _July 19, 2011 and July 21, 2011 . Action IDs SAW- 2011 -01294 and SAW-2011-01068.
Basis For Determination
Stream S1 is a relatively permanent water (RPW) and an unnamed tributary to stream S2, identified as Old Field Creek an
RPW. Old Field Creek is a tributary to New Hope Creek, an RPW, which is a tributary to the Jordan Lake, an impoundment
of the New Hope Creek and other RPWs. Stream S5 is an RPW and is identified as Crow Branch. Crow Branch is a tributary
to Booker Creek, an RPW, which is a tributary to Little Creek, an RPW. Little Creek flows to Jordan Lake an impoundment
of Little Creek and other RPWs. Jordan Lake empties into the Haw River, a traditionally navigable water (TNW). The Haw
River is a tributary to the Cape Fear River, a navigable water of the United States. The Ordinary High Water Marks
(OHWMs) of the unnamed tributary, Old Field Creek and Crow Branch were indicated by the following physical
characteristics: clear natural line impressed on the bank, shelving, and the destruction of terrestrial vegetation. The
wetlands meet the hydrophvtic vegetation, wetland hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland
Delineation Manual and the Eastern Mountains and Piedmont Regional Supplement and are contiguous with Old Field Creek
or Crow Branch.
This jurisdictional determination is only for the stream/wetlands proposed for impacts associated with this Nationwide Permit
verification and does not include any other waters /wetlands that may be located on the property /Droiect site.
Remarks: None
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.
Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. 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:
District Engineer, Wilmington Regulatory Division
Attn: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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 District 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 September 16, 2011.
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. **
Corps Regulatory Official: /�✓ /G�`2
Date December 12, 2011. Expiration Date December 12, 2016.

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Applicant: Univeristy of North Carolina File Number: SAW - 2011 -01294 Date: December 12, 2011
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
;SECTION I. The following d: etifiesyour rights androptions rpgardmg� "an admirustratiye appeal of the above
decision Addrtioiial information may be foundkat http' / /www usace army mil/ met /functioiwcw/cec'wo /reg "`or
..Corps:regulatiorisat 33 CFR Part 331:
_.
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 permit to address some of your objections, or (c) not modify the permit
having determined 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.
SECTI©N,II REQUEST FOR APPEAL or OBJECTIONS TQ AN:INITIAL PROFFERED PERMMI,
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.
3_POINT OFS4CONTACT, FOR QUESTIONS'OR INFtOR1VI'ATLQN'
If you have questions regarding this decision
If you only have questions regarding the appeal process you
and/or the appeal process you may contact:
may also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Andrew Williams
CESAD- ET -CO -R
3331 Heritiage Trade Drive, Suite 105
U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, North Carolina 27587
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303 -8801
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
investigations.
Date:.
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
4
Administrative Appeal Officer, CESAD- ET -CO -R, 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303 -8801

Action ID Number: SAW- 2011 -01294 County: Orange
Permittee: Univeristy of North Carolina
Date Permit Issued: December 12, 2011
Project Manager: Andrew Williams
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
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. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
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
CESAW -RG
Date