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HomeMy WebLinkAbout20130802 Ver 1_USACE Permit_20130826Applicant Address 13 -D803- U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id SAW - 2013 -00691 County Orange U S G S Quad NC- Northwest Durham GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Telephone Number Public Service Company of North Carolina (PSNC) George Ratchford 800 Gaston Road P.O. Box 1398 Gastonia, NC, 28056 (704) 834 -6621 Length (linear feet) 77,366 Nearest Town Carrboro, Durham Nearest Waterway Jones Creek River Basin Cape Fear. North Carolina. USGS HUC 3030002 Coordinates Latitude 35.96908 to 35.99412 Longitude - 79.11425 to - 79.93685 Location description The project corridor originates west of Old Highway 86 (35.96908 N, 79.11425 W) and terminates on the north side of Duke University Road (35.99412 N. 78.93685 W); roughly north of the Town of Chapel Hill and west of the City of Durham, in Orange and Durham Counties, North Carolina. Description of projects area and activity The proposed project is for PSNC to install approximately 77,366 linear feet of 12 -inch diameter steel natural gas pipeline. This verification authorizes the temporary discharge of fill in eight stream impact locations for a total of 212 linear feet, along with the temporary discharge of fill in three wetland locations for a total of 3,313 square feet during the construction of the pipeline. Additionally, 1,122 square feet (0 026 acres) of permanent impacts (conversion of forested wetlands to emergent wetlands) within one of the wetland areas is authorized. Permjttee to comply with the attached Special Conditions. Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization Nationwide Permit Number NWP 12 Utility Line Activities. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 07/31/2013. 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 will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (j e , are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You should contact the NC Division of Water Quality (telephone 919 - 807 -6300) to determine Section 401 requirements For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N C Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 This Department of the Army verification does not relieve the permjttee of the responsibility t n other required Federal, State or local approvals /permits @ a t�/VJ%L(,5• PG 2 2013 If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Craig Brown at 919 -554 -4884 x35 or Craig.J Biown(n�usace.armv mil Corps Regulatory Official Craig Brown _ Expiration Date of Verification 03/18/2017 Craig J. Digitallysignedby Crag JBrown DN cn= CraigJ Brown o ou mad= craigj brown @usacearmy Brown Dalte 20130822095730 0400 SPECIAL CONDITIONS Date August 22, 2013 In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization SAW- 2013 -00691 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 Action ID SAW - Basis for Determination: The jurisdictional streams within the project are relatively permanent waterways (RPWs) exhibiting ordinary high watermarks (OHM) which are indicated by the following physical characteristics clear line impressed on the bank, sediment sorting, and riffle pool complexes The streams in this project flow into the New Hope River, which flows into the Haw River, a traditional navigable waterway The jurisdictional wetland sites within the project area exhibit wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement Remarks: USACE verified delineation with a site visit on April 9, 2013. E. Attention USDA Program Participants This delmeahon/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work F. Appeals Information (This information applies only to approved ,jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved. jurisdictional determination for the above described site If you object to tlus determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address US Army Corps of Engineers South Atlantic Division Attn Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303 -8801 Phone (404) 562 -5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 3315, 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 n to the Division Office if you do not object to the determination in this correspondence ** Corps Regulatory Official Craig Brown Date of JD N/A Expiration Date of JD N/A SAW -2013 -01561 The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete our customer Satisfaction Survey online at http //per2 nwp usace army mil /sui vey html Copy furnished 1 Agent Walter Cole S &ME Address 3201 Spring Forest Road Raleigh, NC 27616 Telephone Number 919 - 872 -2660 2 NCDWQ Karen Higgins U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee George Ratchford for Public Service Company of North Carolina (PSNC) Action ID. SAW- 2013 -00691 Project Name. Duke University Natural Gas Pipeline Extension County. Orange Instructions to Permittee. The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program ( NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U S Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors Instructions to Sponsor- The Sponsor must verify that the mitigation requirements 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 appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program Manager The Sponsor must also comply with all reporting requirements established in their authorizing instrument Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Non - Riparian Coastal Riverine Riverme Non- riverine 0 026 ac 0 026 ac *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riparian Non - Riparian Coastal Riverine Non- riverine 0 026 ac Mitigation Site Debited Cripple Creek Stream & Wetland Mitigation Bank (List the name of the bank to be debited For umbrella banks, also list the specific site For NCEEP, list NCEEP If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debited) Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site identified above Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements Mitigation Sponsor Name Name of Sponsor's Authorized Representative, Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 2 October, 2012 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 Permlttee 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 Permlttee, 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- In a letter dated July 18, 2013, Restorations Systems, LLC confirmed that PSNC has reserved for purchase 0 03 riparian wetland mitigation credits for the Cripple Creek Stream & Wetland Mitigation Bank This form Is not valid unless signed by the mitigation Sponsor and USACE Project Manager For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below USACE Project Manager: Craig Brown USACE Field Office Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email- craig.j.brown @usace.army mil Digitally signed by Craig J Brown Craig J. B row n em cn =Craig J Brown o ou email =craig J brown @usace army mil, c =US Date 2013 08 22 09 54 52 -04 00 Craig Brown August 22, 2013 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 Hribits 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 webslte at http / /regulatory usacesurvev com/to complete the survey online