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HomeMy WebLinkAbout20200402 Ver 1_SAW-2021-00226 NWP 12_20210323U.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. 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Ira yo¢38 °+rry�ytea U ✓ . a' o ? 8..Q C C -J 2 O t7 a U SEE TOPO FIG. 4 SOIL FIG. 9 es 0.0 5F George 4 Miles SEE TOPO FIG. 5 SOIL FIG. 10 34 A,ti+Ho Q a m SEE TOPO FIG. 6 SOIL FIG. 11 gdSE 1A`6.11 Cy f y 4,0204,3 e9 0 K w PROJECT ALIGNMENT SITE VICINITY PNG LINE 99 EASEMENT WIDENING PROJECT SCALE: ' = 2 miles DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 1 BRUNSWICK COUNTY, NORTH CAROLINA E z 1 o �y6 ^rii✓yUNd 1 z ; l SEE AERIAL FIG. 12 •� '' •' •• •• . 44 •' '''• • • REFERENCE: USGS TOPO USA STREAMING DATASET BASEMAP OBTAINED FROM THE USGS NATIONAL MAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 0 2,000 i; p n41LL Ab fl T ,y d1 ar Ho st. z• " 3.11 rfv 4 ri.� fr 15t.ti • w SEE AERIAL FIG. 13 SEE AERIAL FIG. 14 SEE AERIAL FIG. 15 **Room.," mmmmmmmmmmmm 7iviC nvtndo,� c„ $ 341 i1y • 1' i(tr�,ti1 /.. 4,000 Feet ',) r PROJECT RECLAMATION AREAS EXISTING NATURAL GAS LINES SCALE: 1 " = 2,000 ' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 2 I Drawing Path: \\EgnyteDrive\Ops\Energy\Projects\2020\7335-20-081 Duke PNG Line 99 Reclamation Permitting \GIS\PGNO2-06_TOPO.mxd plotted by DHomans 02-18-2021 Np'7'&h't;p N� Z hi 7 2 SEE AERIAL FIG. 14 • -1 SEE AERIAL FIG. 15 • REFERENCE: USGS TOPO USA STREAMING DATASET BASEMAP OBTAINED FROM THE USGS NATIONAL MAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 2,000 4,000 Feet SEE AERIAL FIG. 18 SEE AERIAL FIG. 17 SEE AERIAL FIG. 16 ♦r •♦. 0 0.0 .00 • USGS TOPOGRAPHIC EXHIBIT PNG LINE 99 EASEMENT WIDENING PROJECT BRUNSWICK COUNTY, NORTH CAROLINA SCALE: " = 2,000 DATE: 2-18-21 PROJECT NUMBER 7335-20-081 PROJECT RECLAMATION AREAS c5, EXISTING NATURAL GAS LINES FIGURE NO. 3 \ z SEE AERIAL FIG. 17 4 SEE AERIAL FIG. 18 SEE AERIAL FIG. 19 ... REFERENCE: USGS TOPO USA STREAMING DATASET BASEMAP OBTAINED FROM THE USGS NATIONAL MAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 0 SEE AERIAL FIG. 20 SEE AERIAL FIG. 21 .:- 2,000 4,000 Feet • 4�:l :„P i cl`; Per' PC' SF, USGS TOPOGRAPHIC EXHIBIT PNG LINE 99 EASEMENT WIDENING PROJECT BRUNSWICK COUNTY, NORTH CAROLINA SCALE: 1 " = 2,000 ' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 PROJECT RECLAMATION AREAS EXISTING NATURAL GAS LINES FIGURE NO. 4 0 a 2-06_TOPO.mxd p Z E 0 E e PNG Line z ,SEE AERIAL FIG. 21 ffffffffffffff E AERIAL FIG. 20 SEE AERIAL FIG. 22 fffffffffffffffffffffffffffffffffff SEE AERIAL FIG. 24 SEE AERIAL FIG. 25 SEE AERIAL FIG. 23 c • ..0000'V000fff on IN �..ffff ffff ♦ • ■ 1 ■ ■ ■ ■ i • ffff fffffff ffff ffff fff ff or ff [ly 438Wl11 pia TAor4 I< CNE�=KLE-�F_ fffff fffffffff ti • REFERENCE: USGS TOPO USA STREAMING DATASET BASEMAP OBTAINED FROM THE USGS NATIONAL MAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 0 2,000 4,000 Feet -et_ ay 4 • 05 nk CX Cu CF 'x- lry • USGS TOPOGRAPHIC EXHIBIT PNG LINE 99 EASEMENT WIDENING PROJECT BRUNSWICK COUNTY, NORTH CAROLINA SCALE: 1 " = 2,000 ' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 PROJECT RECLAMATION AREAS EXISTING NATURAL GAS LINES FIGURE NO. 5 I• I Drawing Path: \\EgnyteDrive\Ops\Energy\Projects\2020\7335-20-081 Duke PNG Line 99 Reclamation Permitting \GIS\PGNO2-06_TOPO.mxd plotted by DHomans 02-18-2021 Z SEE AERIAL FIG. 24 SEE AERIAL FIG. 25 SEE AERIAL FIG. 26 • SEE AERIAL FIG. 27 J` 1*.''''','.!''''.....00.ow* '-.0 NS .S r1 . REFERENCE: USGS TOPO USA STREAMING DATASET BASEMAP OBTAINED FROM THE USGS NATIONAL MAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 0 2,000 .41 4,000 Feet y,. r?rvF� Ra sE USGS TOPOGRAPHIC EXHIBIT PNG LINE 99 EASEMENT WIDENING PROJECT BRUNSWICK COUNTY, NORTH CAROLINA SCALE: " = 2,000 ' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 PROJECT RECLAMATION AREAS EXISTING NATURAL GAS LINES FIGURE NO. 6 i WETLAND 106 SEE IMPACT SHEET 3 r • �'. .r�(ti r_�L t _yti REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ONEMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 4 a •' Yi. " • M • 11. it • LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS 2020 AERIAL PHOTOGRAPH PNG LINE 99 EASEMENT WIDENING PROJECT SCALE: 1"=500' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 12 BRUNSWICK COUNTY, NORTH CAROLINA LAKE=GAS .6/ 4 D o a$ �"'� R'�'gN_tN =ti KERR IAK,E. DRY 1• Iv 50, 6 I (r Alt WETLAND 97 SEE IMPACT SHEET 5 WETLAND 96 SEE IMPACT SHEET 5 _MERCANTILE=DR=NE me WETLAND 95 NO IMPACTS (NO RECLAMATION PROPOSED) REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ONEMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. • WETLAND 94 NO IMPACTS (NO RECLAMATION PROPOSED) 4 •ij,•., 1.t LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS BRUNSWICK COUNTY, NORTH CAROLINA 2020 AERIAL PHOTOGRAPH PNG LINE 99 EASEMENT WIDENING PROJECT SCALE: 1"=500' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 13 lANVALE,RDNE� i 'fs • • REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ONEMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 0 NO RECLAMATION OCCURRING ALONG THIS SEGMENT 00 • 7w 1,000 :�/LLOW-PO ND �N • ,•: LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS 2020 AERIAL PHOTOGRAPH PNG LINE 99 EASEMENT WIDENING PROJECT BRUNSWICK COUNTY, NORTH CAROLINA SCALE: 1"=500' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 14 01, i/� �' o� ol• ' fit o , -r 1 0, cc-61: _i. . =R 96 . 11.1- 'IL '!:: 41' a, i , L'i,:jc, rORCARD=LOOP=RDget: 1'I4- • 1 LANVALEFOREST' 1--D� R. — TA0!.i1' ` ARORESTDR=NE .,' TARA,FOREST =DR4 'iJ r • t I eoNN� / _ , :a'� II �O• � v s , tom. • '2,11.:. �� ..«- -"' WETLAND 94 SEE IMPACT SHEET 6 '4 • REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ONEMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. QO 00 a LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS 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 REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ONEMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. OL L-YNN=DR=NE'�\NG 42 _ To. 0 \500 1;000 o_ .' -7,0 --- - . Feet,. i G LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS 2020 AERIAL PHOTOGRAPH PNG LINE 99 EASEMENT WIDENING PROJECT SCALE: 1"=500' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 16 BRUNSWICK COUNTY, NORTH CAROLINA ed by DHomans 02-18-2021 i REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ONEMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. QO 00 1,000 LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS 2020 AERIAL PHOTOGRAPH PNG LINE 99 EASEMENT WIDENING PROJECT SCALE: 1"=500' BRUNSWICK COUNTY, NORTH CAROLINA DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 17 0 0 0 Il i0 z r REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ON EMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. .7.01.7.NNV N: LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS WWMAAAEUWWWOVUOI NA M szmumsfaxvivrilianinviiir. mammy SCALE: 1 " = 500 DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 18 MAW KOW011101fivagrolag:D/AMMIOU CREEK=WALKER-TRL-SE REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ON EMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS WWMAAAEUWWWOVUOI NA 111 M szmumsfaxvivrilianinviiir. mammy SCALE: 1 " = 500 DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 19 MAW KOW011101fivagrolag:D/AMMIOU • REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ONEMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS 2020 AERIAL PHOTOGRAPH PNG LINE 99 EASEMENT WIDENING PROJECT SCALE: 1"=500' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 20 BRUNSWICK COUNTY, NORTH CAROLINA DHomans 02-18-202 <4,4, \SRO` 1174. • • REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ONEMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 10,1011111 ADOBE RD LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS WWMA1 ir_uwi:ce melNA M szmumsfaxvivrilianinviiir. mammy MAW /[OW011101fi'ag[ol g:DIe\MMIOU SCALE: 1"=500' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 21 REFERENCE: 2020 AERIAL PHOTOGRAPH BASE DATA WAS OBTAINED FROM BRUNSWICK COUNTY AND NC ONEMAP. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. LIMITS OF DISTURBANCE IMPACTED WETLAND EXISTING NATURAL GAS LINES DELINEATED WETLANDS 2020 AERIAL PHOTOGRAPH PNG LINE 99 EASEMENT WIDENING PROJECT SCALE: 1"=500' DATE: 2-18-21 PROJECT NUMBER 7335-20-081 FIGURE NO. 22 BRUNSWICK COUNTY, NORTH CAROLINA