HomeMy WebLinkAbout20200402 Ver 1_USACE Permit_20210323Strickland, Bev
From: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>
Sent: Tuesday, March 23, 2021 8:47 AM
To: aaron.weldon@duke-energy.com
Cc: Joey Lawler; Mairs, Robb L
Subject: [External] Signed NWP 12 for the Line 99 Easement Acquisition Project in Brunswick
County, NC (SAW-2021-00226)
Attachments: SAW-2021-00226 NWP 12.pdf; SAW-2021-00226 Mitigation Transfer Responsibility
Form.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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ALCON,
I've attached the signed NWP 12 for the 28 mile Line 99 Easement Acquisition Project in Brunswick County, NC
USACE Project ID:
SAW-2021-00226
I've also attached a Mitigation Responsibility Transfer Form. One of the permit conditions is that the mitigation credits
are purchased and the signed form is returned back to the Corps.
Please contact me if you have any questions about this project or about the USACE Regulatory Program.
Respectfully,
Gary
1
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00226 County: Brunswick County U.S.G.S. Quad: Funston
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Aaron Weldon
Duke Energy
Address: 4720 Piedmont Row Drive
Charlotte NC, 28210
Telephone Number: (704) 731-4153
E-mail Address: aaron.weldon@duke-energy.com
Size (acres) 94 acres Nearest Town Winnabow, NC
Nearest Waterway Dews Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.10861
Longitude: -78.03858
Location description: The transmission line originates at a station site west of Mt. Misery Road NE, Leland, Brunswick
County, NC (34.281303, -78.053152) the line then runs south for 28 miles, ending on the east side of the ADM facility in
Southport, NC. (33.938997, -77.991502).
Description of projects area and activity: This project will use a NWP 12 to widen the existing 20' easement an additional 30'
for a new easement width of 50'. The easement was originally permitted in 1992 under SAW-1992-01128. Mitigation is
required to offset the permanent conversion of 5.653 acres of Forested Wetlands to Emergent Wetlands, credits will be
purchased at a 1:1 ratio at the Lower Cape Fear Umbrella Mitigation Bank. (LCFUMB).
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: 12 (Transmission Line)
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR 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 March 23, 2021 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 and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general 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 Resources (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 Wilmington, NC.
This Depailinent of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
SAW-2021-00226
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gary Beecher at (910) 251-4694 or Gary.H.Beecher@usace.army.mil.
Digitally signed by GARY H.
GARY H. BEECHER BEECHER
Corps Regulatory Official: Date: 2021.03.23 08:34:43 -04'00' Date: March 23, 2021
Expiration Date of Verification: March 22, 2026
A. Determination of Jurisdiction:
1. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the
Clean Water Act (CWA) (33 USC & 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This
preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting
the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit,
and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process
concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter
the hydrology of waters of the United States.
2. ❑ 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 (RHA) (33 USC § 403) and 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.
3. ❑ There are waters, including wetlands, within the above described project area that are 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.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ® The aquatic resources within the above described project area have been identified under a previous action. Please
reference the approved jurisdictional determination issued 1992. Action ID: SAW-1992-01128.
B. Basis For Jurisdictional Determination: An approved JD was not issued with this permit.
C. Remarks: A pre -application and scoping meeting for this project took place on August 12, 2020. Agencies in attendance
included: USACE, NCDWR, NCDMLR, CAMA & consultants from S&ME.
D. 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.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
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: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
SAW-2021-00226
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.
G A RY H. B E E C H E R Datea2021 03.23 08:34R OH04 0E0 HER
Corps Regulatory Official:
Gary Beecher
Date of JD: March 23, 2021 Expiration Date of JD: PJD Does not expire
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, located online at
http ://corpsmapu.usace.army.mil/cm_apex/f?p=1 3 6:4:0.
Copy furnished via e-mail to:
Consultant:
Joey Lawler
S&ME, Inc.
2016 Avrslev Town Blvd, Suite 2-A
Charlotte NC, 28273
(704) 604-6474
jlawler@smeinc.com
SAW-2021-00226
SPECIAL CONDITIONS
1. 401 Water Quality Certification: If a 401 Water Quality Certification from the North Carolina
Division of Water Resources is required, then the permittee shall provide the Corps with a copy of
the required certification or waiver of certification from the state prior to proceeding with the
work in waters of the U.S. The permittee shall comply with all conditions of the state
certification.
2. Erosion Control: The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt fencing
or similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
3. Work Limits: All work authorized by this permit shall be performed in strict compliance with the
attached permit plans dated March 23, 2021 which are a part of this permit. The Permittee shall
ensure that the construction design plans for this project do not deviate from the permit plans
attached to this authorization. Any modification to the attached permit plans must be approved by
the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands.
4. Temporary Impacts Restoration Measures: Within thirty (30) days of the date of completing the
authorized work, the Permittee shall remove all temporary fills in waters of the United States and
restore the affected areas to pre -construction contours and elevations. The affected areas shall be
re -vegetated with native, non-invasive vegetation as necessary to minimize erosion and ensure
site stability. Follow the proposed Restoration Plan that was submitted with this application.
5. Mitigation: 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 the form, are hereby incorporated as special conditions of this
permit authorization.
Action ID Number: SAW-2021-00226 County: Brunswick County
Permittee: Aaron Weldon
Duke Energy
Project Name: PNG Line 99 Easement Acquisition Project
Date Verification Issued: March 23, 2021
Project Manager: Gary Beecher
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: Gary Beecher
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
WETLAND IMPACT TABLE
PNG Line 99 Easement Acquisition Project
106
3
34.28053
-78.053104
Pine Flat
Mixed Herbaceous/Forested
717
0.016
3,028
0.070
104
3
34.278508
-78.053781
Pine Flat
Herbaceous
0
0.000
555
0.013
102
3
34.276979
-78.054322
Pine Flat
Herbaceous
0
0.000
832
0.019
101
4
34.274154
-78.054163
Pine Flat
Herbaceous
222
0.005
8,254
0.189
100
4
34.267718
-78.059034
Headwater Wetland
Herbaceous
0
0.000
1,112
0.026
95
5
34.252066
-78.066284
Pine Flat
Herbaceous and Forested
0
0.010
0
0.000
96
5
34.25336
-78.066163
Pine Flat
Herbaceous and Forested
417
0.010
16,273
0.374
97
5
34.254962
-78.065994
Headwater Wetland
Herbaceous and Forested
38
0.001
334
0.008
94
6
34.248682
-78.06661
Pine Flat
Herbaceous and Forested
2,065
0.047
22,620
0.519
93
7
34.213638
-78.061207
Pine Flat
Herbaceous and Forested
30,219
0.694
15,159
0.348
92
9
34.206799
-78.059334
Pine Flat
Forested
1,183
0.027
0
0.000
90
9
34.200057
-78.056764
Headwater Wetland
Herbaceous and Forested
501
0.011
736
0.017
89
9
34.198585
-78.055637
Pocosin
Herbaceous and Forested
7,368
0.169
3,113
0.071
88
10
34.197423
-78.054862
Pocosin
Herbaceous and Forested
1,645
0.038
5,639
0.129
87
10
34.192176
-78.051067
Pine Flat
Herbaceous and Forested
1,495
0.034
579
0.013
86
10
34.191119
-78.050295
Headwater Wetland
Herbaceous
0
0.000
76
0.002
85
11
34.189592
-78.049202
Pine Flat
Herbaceous and Forested
303
0.007
1,294
0.030
84
11
34.188501
-78.048413
Pine Flat
Herbaceous
0
0.000
2,566
0.059
83
11
34.187339
-78.047578
Pine Flat
Herbaceous and Forested
151
0.003
1,777
0.041
WETLAND IMPACT TABLE
PNG Line 99 Easement Acquisition Project
Wetland ID
Sheet No.
Wetland Description
p
Affected Vegetation Type
g yP
Permanent
Conversion of Forested
Wetlands in Newly
Easement
SF
Impacts
Wetlands to Herbaceous
-Acquired Portion of
Temporary Impacts
Disturbance to Herbaceous Wetlands within
Existing Portion of Easement
81
11
34.179193
-78.041739
Headwater Wetland
Herbaceous and Forested
377
0.009
6,711
0.154
80
12
34.178264
-78.041068
Headwater Wetland
Herbaceous and Forested
200
0.005
3,156
0.072
79
12
34.173999
-78.037995
Headwater Wetland
Herbaceous and Forested
3,107
0.071
4,438
0.102
78
12
34.170833
-78.035761
Basin Wetland
Forested
2,819
0.065
0
0.000
77
12
34.170111
-78.035472
Basin Wetland
Forested
801
0.018
0
0.000
76
13
34.167625
-78.035421
Basin Wetland
Herbaceous and Forested
11,091
0.255
1,172
0.027
75
13
34.165347
-78.035539
Basin Wetland
Herbaceous and Forested
1,244
0.029
188
0.004
74
13
34.164761
-78.035555
Basin Wetland
Forested
222
0.005
0
0.000
73
13
34.162207
-78.035701
Basin Wetland
Herbaceous and Forested
105
0.002
286
0.007
72
14
34.158255
-78.035934
Headwater Wetland
Herbaceous and Forested
337
0.008
104
0.002
71
14
34.155639
-78.03605
Basin Wetland
Herbaceous
0
0.000
1,021
0.023
70
14
34.153904
-78.036145
Basin Wetland
Herbaceous
0
0.000
2,359
0.054
69
14
34.152555
-78.036212
Basin Wetland
Herbaceous
0
0.000
1,307
0.030
68
15
34.148763
-78.036395
Riverine Swamp Forest
Herbaceous and Forested
50,764
1.165
1,032
0.024
67
16
34.14088
-78.036705
Pine Flat
Forested
147
0.003
0
0.000
66
16
34.138953
-78.03689
Pine Flat
Herbaceous and Forested
3,001
0.069
1,403
0.032
65
16
34.135697
-78.037064
Pine Flat
Herbaceous and Forested
1,561
0.036
1,208
0.028
63
16
34.130984
-78.037317
Pine Flat
Herbaceous and Forested
1,419
0.033
1,841
0.042
62
17
34.125342
-78.037584
Pine Flat
Herbaceous and Forested
320
0.007
578
0.013
WETLAND IMPACT TABLE
PNG Line 99 Easement Acquisition Project
Wetland ID
Sheet No.
Wetland Description
p
Affected Vegetation Type
g yP
Permanent
Conversion of Forested
Wetlands in Newly
Easement
SF
Impacts
Wetlands to Herbaceous
-Acquired Portion of
Temporary
Disturbance to Herbaceous
Existing Portion
SF
Impacts
Wetlands within
of Easement
61
17
34.122646
-78.037733
Pine Flat
Herbaceous and Forested
1,264
0.029
3,290
0.076
60
18
34.120377
-78.037825
Pine Savannah
Forested
0
0.000
0
0.000
59
18
34.119161
-78.037887
Pine Savannah
Herbaceous and Forested
0
0.000
0
0.000
58
18
34.117886
-78.037954
Pine Savannah
Forested
0
0.000
0
0.000
57
19
34.104274
-78.039311
Harwood Flat
Herbaceous and Forested
1,105
0.025
4,902
0.113
56
19
34.103377
-78.0396
Harwood Flat
Herbaceous and Forested
527
0.012
2,327
0.053
55
19
34.102457
-78.039852
Harwood Flat
Herbaceous and Forested
1,212
0.028
167
0.004
54
19
34.101411
-78.040194
Harwood Flat
Herbaceous and Forested
1,910
0.044
109
0.003
53
20
34.099121
-78.04093
Pine Flat
Herbaceous and Forested
2,060
0.047
789
0.018
50
20
34.09047
-78.043672
Non-riverine Swamp Forest
Herbaceous and Forested
12,919
0.297
30,780
0.707
49
23
34.084434
-78.045544
Pine Flat
Herbaceous
0
0.000
1,036
0.024
48
23
34.082732
-78.046093
Pine Flat
Herbaceous
0
0.000
948
0.022
47
23
34.080482
-78.046794
Bottomland Hardwood
Herbaceous
0
0.000
859
0.020
45
24
34.077615
-78.047588
Harwood Flat
Herbaceous and Forested
396
0.009
919
0.021
44
24
34.07718
-78.047647
Harwood Flat
Herbaceous and Forested
195
0.004
656
0.015
43
24
34.07678
-78.047676
Harwood Flat
Herbaceous and Forested
132
0.003
1,024
0.024
42
24
34.075968
-78.047682
Harwood Flat
Herbaceous and Forested
2,572
0.059
3,839
0.088
41
25
34.075095
-78.046823
Harwood Flat
Herbaceous and Forested
982
0.023
5,084
0.117
40
25
34.074474
-78.04082
Pocosin
Herbaceous and Forested
5,210
0.120
44,413
1.020
WETLAND IMPACT TABLE
PNG Line 99 Easement Acquisition Project
Wetland ID
Sheet No.
Wetland Description
p
Affected Vegetation Type
g yP
Permanent
Conversion of Forested
Wetlands in Newly
Easement
Impacts
Wetlands to Herbaceous
-Acquired Portion of
Temporary
Disturbance to Herbaceous
Existing Portion
Impacts
Wetlands within
of Easement
39
26
34.07402
-78.033685
Pocosin
Herbaceous and Forested
251
0.006
34,503
0.792
38
27
34.074416
-78.031845
Pine Savannah
Herbaceous
0
0.000
422
0.010
37
27
34.073967
-78.030488
Pine Savannah
Herbaceous and Forested
407
0.009
8,861
0.203
36
27
34.071135
-78.029655
Pine Savannah
Forested
103
0.002
0
0.000
35
28
34.064198
-78.027891
Pine Savannah
Herbaceous and Forested
1,546
0.035
7,140
0.164
34
28
34.062871
-78.02749
Headwater Wetland
Herbaceous and Forested
182
0.004
2,527
0.058
33
28
34.062122
-78.027265
Headwater Wetland
Herbaceous
0
0.000
2,539
0.058
32
29
34.060783
-78.026844
Headwater Wetland
Herbaceous and Forested
155
0.004
1,778
0.041
31
29
34.060312
-78.026735
Headwater Wetland
Forested
22
0.001
0
0.000
30
29
34.059132
-78.02636
Headwater Wetland
Herbaceous
0
0.000
1,043
0.024
29
29
34.055555
-78.02526
Headwater Wetland
Herbaceous
0
0.000
193
0.004
28
30
34.0538
-78.024715
Riverine Swamp Forest
Herbaceous and Forested
1,209
0.028
22,214
0.510
27
31
34.050154
-78.025217
Headwater Wetland
Herbaceous
0
0.000
127
0.003
26
31
34.045745
-78.027266
Headwater Wetland
Herbaceous
0
0.000
1,353
0.031
24
31
34.036818
-78.029068
Basin Wetland
Forested
1,562
0.036
0
0.000
23
32
34.028394
-78.026412
Basin Wetland
Herbaceous
0
0.000
1,480
0.034
22
32
34.026577
-78.025797
Pocosin
Herbaceous and Forested
257
0.006
3,741
0.086
20
32
34.021155
-78.024144
Bottomland Hardwood
Herbaceous and Forested
375
0.009
1,985
0.046
19
32
34.01982
-78.024302
Bottomland Hardwood
Herbaceous and Forested
4,321
0.099
3,388
0.078
WETLAND IMPACT TABLE
PNG Line 99 Easement Acquisition Project
Wetland ID
Sheet No.
Wetland Description
p
Affected Vegetation Type
9 YP
Permanent Impacts
Conversion of Forested Wetlands to Herbaceous
Wetlands in Newly -Acquired Portion of
Easement
111 SF igh/i
Temporary Impacts
Disturbance to Herbaceous Wetlands within
Existing Portion of Easement
18
33
34.01648
-78.024705
Bottomland Hardwood
Herbaceous and Forested
193
0.004
432
0.010
17
33
34.013359
-78.025074
Riverine Swamp Forest
Herbaceous and Forested
20,875
0.479
16,084
0.369
16
34
33.993156
-78.025487
Pocosin
Herbaceous and Forested
58,240
1.337
76,471
1.756
15
38
33.98785
-78.024784
Pocosin
Forested
588
0.013
0
0.000
13
38
33.986389
-78.024653
Bottomland Hardwood
Herbaceous and Forested
372
0.009
630
0.014
12
38
33.984059
-78.024368
Pine Flat
Herbaceous
0
0.000
1,349
0.031
11
39
33.981316
-78.024027
Bottomland Hardwood
Herbaceous and Forested
887
0.020
2,879
0.066
10
39
33.980753
-78.023966
Headwater Wetland
Herbaceous
0
0.000
434
0.010
9
40
33.978906
-78.023729
Non-riverine Swamp Forest
Herbaceous
0
0.000
17,524
0.402
245,868
5.653
420,990
9.667
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Aaron Weldon (Duke Energy) Action ID: SAW-2021-00226
Project Name: PNG Line 99 Easement Acquisition County: Brunswick
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 Division of Mitigation Services (NCDMS), 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: 03030005, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
5.65
*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: 03030005, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
5.65
Mitigation Site Debited: Lower Cape Fear Umbrella Mitigation Bank (LCFUMB)
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
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 NCDMS), 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 23 November, 2015
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:
To offset the 5.65 acre wetland conversion, mitigation at a rate of 1:1 will be required. Riparian Riverine Wetland credits
in the amount of 5.65 credits will be purchased from the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB).
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:
USACE Field Office:
Email:
Gary Beecher
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
gary.h.beecher@usace.army.mil
G A RY H. B E E C H E R Digitally signed by CHER
Date: 2021 03.2 308: 3R Y H. E
0 -04 00'
March 23, 2021
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 http://regulatory.usacesurvey.com/ to complete the survey online.
Drawing Path: \\EgnyteDrive\Ops\Energy\Projects\2020\7335-20-081 Duke PNG Line 99 Reclamation Permitting\GIS\PCNO1_VICINITY.mxd plotted by DHomans 02-18-2021
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FIGURE NO.
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7335-20-081
PROJECT RECLAMATION AREAS
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7335-20-081
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2020 AERIAL PHOTOGRAPH
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SCALE:
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DATE:
2-18-21
PROJECT NUMBER
7335-20-081
FIGURE NO.
12
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REFERENCE: 2020 AERIAL PHOTOGRAPH
BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ONEMAP. THIS MAP IS FOR
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ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE.
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2020 AERIAL PHOTOGRAPH
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SCALE:
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DATE:
2-18-21
PROJECT NUMBER
7335-20-081
FIGURE NO.
13
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BRUNSWICK COUNTY, NORTH CAROLINA
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7335-20-081
FIGURE NO.
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LIMITS OF DISTURBANCE
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EXISTING NATURAL GAS LINES
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2020 AERIAL PHOTOGRAPH
PNG LINE 99 EASEMENT WIDENING PROJECT
SCALE:
1"=500'
DATE:
2-18-21
PROJECT NUMBER
7335-20-081
BRUNSWICK COUNTY, NORTH CAROLINA
FIGURE NO.
15