20120638 Ver 1_USACE Permit_20120904

Strickland, Bev
From:
Jay Keller [jay @kellerenvironmental.com]
Sent:
Tuesday, September 04, 2012 10:00 AM
To:
Brown, Thomas L SAW; Strickland, Bev
Cc:
Monte Moreschi; Michael L. Walker; Witherspoon, Lauren
Subject:
Enviva Northampton 404 permit
Attachments:
Enviva Pellets Northampton Corps 404 permit 8- 28- 12.pdf
Thanks for 404 permit Thomas. I'll send you the impact form upon completion. See you soon & have a good week. The
site is under construction & looked good when I was up there 2 weeks ago.
Jay
Bev, DWQ file 12 -0638
Jay Keller
Principal
Keller Environmental, LLC
7921 Haymarket Lane
Raleigh, NC 27615
(919) 749 -8259 cell
www.l<ellerenvironmental.com

U.S. ARMY CORPS OF EN(,--,',INEERS - Py
WILM.-UNGTON DISTRICT co
Actioa Id, S.AW-2012-01364 Cowity: tL(Irthallip oil U",S,G.S. Quad: VA- SIGYPERS
'.'ENERAL PERMIT (REGIONAL .AND NATIONWIDE) VERIFICATION
F,.nv Ly���gllets
Korb Hintz
TiFo Ave
3ethesd& I D� Vk�l 4
_U_ ---
,Ag�gqt- Keller Enviroamentall I LC
Lay lie etL t
Address: 7921 4ayra-arket Lage
Y3, lejLdi.
Size and location of propurfy (water body, road namc/Durnber, town, et•.)"T-he propci-ty is located south of Macon Price
oa v . 'P Lalitude 36 -7 614.
... ........
lacement of f materhal into 0.06 acres of wetland
Desc,ription of projects 2rea and activity:
Applicablej Law: Section 404, (Clean Water Act, 33 USC 1344)
ection 10 Givers and Harbors Act, 33 USC 403)
Authorizataon: Regional Gyenexal Permit Nu-triber or Nationwide Peimit Nurnber: NAT- 39 Commercial and InStRutional
Develo nients.
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your ork is authorized by the above referenced permit provided it is accomplished in strict accordance with The attached
eoudiflonr and your submitted application and attached information dated jJune 28,2011 Any violation of the attached
cozlffitiona ' or deviation frain your submitted plaAmmay subject the per.111ittee to a stop work order, a restoration order andior
appropriate legal action,
This Veviocation will remain valid until the expiration date identified below unless the nationwide aiuthorizatioo is niodifled,
suspended I ! or revoked. 'If, prior to the expitation. date identified below, the nationwide permit authorizatiorn is reissued. an&oy
modified, this verifiraticin will remain valid mitil the expiration date identified b4ow, provided it complies with all requixements of
th.c.modifie'd nationwide permit. If the natioavvide permit autborizatioyi.'expires or)Is siuspended, revoked, or isniodified, soch that the
activity would no longel- comply with the terms and conditions cif the nalionwid- pefrxtil, activitiesw[tich. have cormneaced are
under coristntcliori) or are under conftact to corninence in reliance apon the nationwide peinaii, will remain aull-torized provided the
activity is: completed within twelve mouths. of the date of the nationwide pen-nit's expiration, inodification or rovocation, unless,
discretioau�iy authority leas been exercised on a case-by-casc basics to inodify„ -.,utsPtmd ]I- revokf'- !he
Activides subjectio Sccdon404(its indlcaicd abovc) n-iay also, reqtd)' as iniividualS,tc CCii1 ti i \VaTt',; Qt-,4 . Cj C
shoi:ild coiitact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requifernents.
For act�.Vitleg occuErung within the twenty coastal cowifies subject to regulation tinder the Coastal.Arca, Management Act (CAMPA),
prior to begitming Work Y011.113.11st contact flie N,C. Division of Coastal M�111a)genient
`ibis D�partrinrnt of the Army verification does not relieve the pennittre of the responsibility to obtain any other roquired R,*T-al.
State, or lo cal approvals/perinits.
If there are arty questions regarding this verification, any of the conditions of theperinit, or the Corps of Engiiiccrs regulatory
program, please contact Thornas Brown at-919-.554-4884 x22.
Date- u tLst .8 2OL
C Z
orps Re ilatory Official
Date of Verlfieatiort-_Aug2g,2� -201-4
The Wil rn 1. ngton Dlstn'ct is corn n-titted to Providing the highest level of support to the public. "ho less 1p us ensure we coathwo to do so,
�
please coTpplete the attached castower Satisfaction Survey or visit to completp, the survey
online.
COPY F

Determtnation of Jurisdiction:
A. 0 B�ascd on pre[huirrary information, there appear to be waters of the US including wotlauds withill tile above desexibed project
aro,3, � 'rhis preliminary . Mermination is not at) appealable ,action under the Regulatory Program AdmiDistTative Appeal PrOQOSS
( Re�(Ireace 33 CHN'. Part 331).
E above described project area subject to flic pen it requirerilents of
-1 There are Navigj.ble Waters of the United States ,vitbin the,
secfi�r 1110 of Itivers and Harbors Act. and SeCtioD 404 of ffic Clean Water Act. Unless theto is a, change in the law or Oul
publighed regidations; tliis determination moy be relied upon for a period not to exceed five year-, &om the date of1his
I
noffi ation, f-C in 3.0ats of
wrten', �ed prqjC �ct area su-IJ, t to th poi ii rcqldren
th-- rS d'�Or '�':ullnnds )V� cllj� lie ",J)
ishod rq,
is
S,zctk n 404,ollh,-' 4). aai�gv., h) the la,;4 oi cur p�Abl
this d tertnination maybe relied . upon for a period not to exceed five years from the date of this notif catiorl.
D. [- jurisdictional areas within the above described project area have beer, identified under a pio-vious action, Please refeTencc
I Tl� c
Jurisdictional deteimiination issued Action.0
Basis For Determinatiou
Attentiol-9 USDA Program Participa-uts
-Mis, delil3'eation/deteriiiiiialion bas been conducted to identify the limits of Co.yps' Clean Water .Act jurisdiction for tbe particalar site
identified. in this request. The delineation/detormination may not be valid for the wetland conservation provisions of 010 Food Securfty
Act of 1 5. if you or your tenant are USDA Program participants, or anti.cipaic participation tai USDA progranis, you should reqyest
a certifiec wedand determination fro-m the local officc of €be Natural Resour"s, Conservation Service, prior to starting wo-
F. Appeah 111formatioll (This hiformation applies only to approved jurisdictional determinations. as indicated in 13 and C
sfte this
dekn-rruin�'idoa, you may rcq icst' all 3-3 (-L'k.
tact sheet and. request for appeal (I
ZTA) form. If you reqacA to appeal this deternlination'you
Notificatipri of Appeal I rocess (.N,,AI t
must subs lit a completed R form to the following addres.q:
Army Corps of Eriginmrs
ith A tlairtic Division
r: Sason Steele, Review Officer
Forsyth Street SVV, Room IOM 15
arita, Georgia 30303-8801
one-. [phone]
hi order fi)r an PEA to be accepted by the Corps, the Coips must determine bait it is complete, that it meet% the criteria for appeal
under 3.3 �IFRpart. 331.5, and that it has been r(c�ive(j by the I)ivisioll Office withi-n. 60 days of the date of the NAP. SbOuId You
decide to submit an RFA forrn, it must be received. at the abovc address b
*1t is ylo� necessary to submit an. RFA f,orm to teas; Div ision Office if you. 0 . not oj-3ject tc) the determination in til.is correspotidence.
Corps Re "latury Official
...... . ....... ...
Date;: At F-u%tVL,-)LOL2 Expiration Date: AMR—ust—?,&- O-L4

Copy
.Attar lied
A:
APPR
File Nrunibor: SAW
..........................
QED PERMIT (Standard Permit or Letter of pern- Jssioli)
DEN IAL
JURTS .,Y, T R I
..... . ..... .. . ......
KY J'(JR1SD1C,("I J. ,F1 -,\',A L 1 .1
PROFFERED PERMIT: You may accept or object to the permit.
Sec Section below
A
L.
B
ACCEPT. If you received a Standard Pen-nit, you may sign the permit docurnent and returii it to the district engineer for finil
,aWhor6ation. If you received a Letter of Permission (LOP), you may accept the LOP ind your work- is aiiihorized. Your
signat-6re on the Standard Perinit or acceptance of the LOP means that you accept the penni I in its entirety, and waive all
rig4ts to appeal the permit, including its tenyis and conditions, and approved jurisdictional defenninations associal-edwith the
OBJECT: If you object to the peralit (Standard ot LOP) because of certain terms and conditions therein, you may request
that th permit be modified avcordingly. You 11RIst conlphto Section 11 of This form and return the forra to the district
engineen Your ob�jcctionfi must be received by ilie district engineer within 60 days of the date of this notice, or you will
for feit ' your right to appeal the pen it in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify ffie partnit to address all of your concerns, (b) modify the pemiit to address some of your
ob�jecdoiis, or (c) no odify the po-nuit having determined that the permit should - be issued as previously writion. After
evalual'ing your objection , ffie district engincer will send you a proffered pen nit for your recoi.isideration, its indicated in
Sectioil B below.
B: PROFfERED PMMIT: You may accept or appeal the perynit
a ACCEPT: lflyou received a Standayd Pennit..' you 1-nay signl.h P:;nnlil and r�!tun% 1.o 0-%c'
auflu)67 ixlon, If you roceived a Letter of JIe rinissioll (L(.')P)5 you inay a( Cepi tile LOP aild your woj�k is 'you'r,
Figuabire on the Standard. Permit or acceptance of the LOP rnGans that you accept the permit in its cntirety' and waive All
rights, W appeal ffie pennit, including its tenris; and conditions, and approved jurisdictional detenninations associated with the
i
4) APPEAL If you choosy to decline the pro.ffeied permit (Standard or 1,011) because of certain terms aud conditions therein,
you may appeal the declined per7rdt under the Corps of Engineers.Administrative appeal Process by complefing Section 11 of
this fohn and sending the form to the division engnwr er. This forin must be received by the division engirreerwithin 60 days
of trio date of this notice,
C. P ly MITI)ENTAL: You may appeal the denial ofapermit wider the Corps of Engineers Administrative .Appeal Process by
Completing Seetiorr 11 of this for-in and sending the forni to the division engineer. ".Fbis form ixius't be od by the division
eligineer. Within. 60 days of tho date of this notice,

D: . APPROVED JURISDICTIONAL DETEWIVINiATION.: You may accept or appeal the approved ID or provide new
* ACCEPT. You do not need to notify the Corps to accept an ap ailure to notify the CoiTs within 60 days of the
. proved JD, F,
date 4this notice, means that you accept the approved JD in its entirety, and waive all rights, to appeal the appro-Ved.0.
I
* APPEAL ffyoa disagree with the approved JD, you may appeal the apprf)vcd JD under the Corps of Engineers
i
Adrnii�istrative Appeal Process by coraphAing Section 11 of this form and sending the fora -.i to the distriet engineer. '11is form
1111.1st be received by the division engineer vithin 60 days of the daw of this notice.
DETER.MMATION. You do not need to respond to the Corps regarding the
preliminar JD. The, Prolindnaryfl)is not appealable. If you wish, you may request an approved JD (which I nay be appealed),
by contacting the Coxps district for further instniction. AL So you may provide new information for finther consideration by t1le
Corps to roevaluau, the JD.
""-'-"��777777777r7'?����
- RNTF-0-A- ---- A--P --- PE----. ---- 0 --- R-0-0-JECTIONNS: {Describe your reasons for appealing the decision or your objections Loan initial
proffered permit in clear concise statements. You. rnay attach additional infomiation to ffiisfor.rn to claffy where your reasons or
objections,are addressed in ffie administrative record.)
6
----RA— --- .1 1
,kDXTI0 CNXr,R,%4,A1'1 G1N. '17he appeal. 'q limited to a review of the administrative record, 1he Cones memorw3dum for die
rec,-,ord (if the appeal conference or meeting, and any supplemental info=atioa that the review officer has determined is needcd to
clarify the 4dnainistrativa record, 'Neither the appellant:aor the Coq),, may add jww Mforniation or analyses to the record.
However, You. may provide additional inf6miation to clarify d-te location of inforinatian that is already in the adaiinistrative
record-
If you have qu"tions regarding this decision and/or the
appeal pyoc:ess youinay contact',
District Eaghieer, Wilmington Regulatory MvNlon,
Affin- Tho as Brown
Weigh Regualtory'Field Mike
3331 11eritage Trade Dr, Suite 105
wake:Forest, NC 27587
ff you only bave: questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal R.eview Officer.
CESAD-11DO.
U.S, Army Corps of fmginecrs, South Aflantic Division
60 Forsyth Street, 'Room I OM IS
None, (410-11 562 ;1.3
RIGHT OVENTRY: Your sjgnatuv, below g7w-its the right of entry to Corps of Engineers personnel, and any government
comultan8i, to conduotinvestigations of die project site during the course of the appeal process, Yola will. be provided a 15 day
notice of any site investigation, ind will have the oppoAnnity to participate in all site
Date;
01'
For aDveals on Initial Proffered Pe aiits send this form to:
Telephone numbff :
District ]Ongincer, Wilmington Regulatery Division, A-ft-n- Thomas Brown, 69 Darlington Averme, Wilmington, North
Caroflna��'9403 ' Z'
ForPeryfilt denials, Proffered Permits and approved Jurisdictional Determinations send this for to:
Division,yalgineer, Commander, U.S, Army Engincer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Offleer, CESAD-PDO, 6011 crt-s; th Street, Room 10MI5, Atlanta, Georgia 30303-.8801
Phone: [phone]

Action ID Number. SAW-2012-01364
El
wiva Pellets Northaqw !)n LLC
Date P�rrnft lssued:.August 29, 2012
rwvn
County. NorthaMpto w
Upon completion of the actiAty authorized by this pernift and any wifigation required by the perml�
sign WA, certification and returu it to the following address.
Please vote that your pel-mitted activity is subject to a compliance inspection. by a U. & Army Corps of
Enghice'rs representative. If you fail to comply with this pennit Y011 are subject to permit suspeflsiou�
modification, or revocation,
IM