20170067 Ver 4_ePCN Application_20220318

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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
20170067
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
Information for Initial Review
1a. Name of project:
Reidsville Energy Center
la. Who is the Primary Contact?*
Brian Romero
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
3/18/2022
Nearest Body of Water
Little Jacobs Creek
Basin
Roanoke
Water Classification
Class C
Site Coordinates
Latitude:
36.333308
A. Processing Information
County (or Counties) where the project is located:
Rockingham
Is this a NCDMS Project
Yes No
Longitude:
-79.833511
Is this project a public transportation project?*
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version# *
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Sue Homewood:eads\slhomewood
1c. Primary Contact Phone:*
[phone]
U

Has this PCN previously been submitted?*
Yes
No
Please provide the date of the previous submission.*
6/7/2017
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Mark Overby, Pansy Wood Johnson
2b. Deed book and page no.:
14E Pg: 138 (Overby); 675 Pg: 978 (Johnson)
2c. Contact Person:
NTE Carolinas II, LLC — Brian Romero
2d.Address
Street Address
4563 NC Highway 65
Address Line 2
City
Reidsville
Postal / Zip Code
27320-9330
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number:
[phone]
2f. Fax Number:

2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Reidsville Energy Center
3b. Business Name:
NTE Carolinas II
3c.Address
Street Address
24 Cathedral Place, Suite 600
Address Line 2
City
Saint Augustine
Postal / Zip Code
32084
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Reidsville
2. Project Identification
2a. Property Identification Number:
178009;129944
2c. Project Address
Street Address
4563 NC Highway 65
Address Line 2
City
Reidsville
Postal / Zip Code
27320-9330
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Little Jacobs Creek
3b. Water Resources Classification of nearest receiving water:*
Class C
3c. What river basin(s) is your project located in?*
Roanoke
3d. Please provide the 12-digit HUC in which the project is located.
030101030502
4. Project Description and History
State / Province / Region
FL
Country
USA
3e. Fax Number:
2b. Property size:
157.1
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
A PCN for proposed Reidsville Energy Center Project was originally submitted to USACE Wilmington District on June 7, 2017 and a NWP was received on July 28, 2017 (SAW-2016-
01608). The issued permit expires on March 18, 2022, therefore, the originally approved application will be resubmitted to USACE and as such we are looking for updated comments. No
changes have been made to the originally proposed scope of work, and no work has been started including any tree clearing and grading. The Project is located on two parcels
(approximately 155 acres) in Rockingham County, NC. The site is located near Reidsville, between New Lebanon Church Road to the west and NC 65 to the east. The site is currently
composed of forested areas of mixed hardwood with areas of hay fields and scattered residences. The area is hilly with moderately steep slopes and creeks in valleys. There is an existing
high voltage Duke Energy transmission line, Transco/Williams gas pipelines, and the Plantation Pipeline through the Project Area. Adjacent land uses consist of rural single family
residences and a Duke Energy power generation facility to the south.
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4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
- Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2016-01608
DWR # 2017-0067 v2.
4f. List the total estimated acreage of all existing wetlands on the property:
2.7 acres
4g. List the total estimated linear feet of all existing streams on the property:
9,602 If of perennial stream and 659 If of intermittent stream, total of 10,261 linear feet
4h. Explain the purpose of the proposed project: *
The purpose of the proposed Reidsville Energy Center Project is to construct a natural gas Fred, combined cycle power plant to meet the growing demand for capacity and energy in the
Carolinas.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
To construct the project clearing and grading of the facility footprint will be conducted. Proposed impacts to Water of the US are limited to the main access road to the facility crossing UT
102 (an unnamed tributary of Little Jacobs Creek) and an access road crossing UT3 (also an unnamed tributary of Little Jacobs Creek) for connection to the electrical switchyard. NTE
proposes to intall two 48" culverts for these stream crossings, of which 20 percent of each will be buried to allow for aquatic passage.
The following is a general description of the sequence of construction for the proposed project. The contractor will follow the general sequence but may stage activities in different areas of
the project depending on site conditions. Front-end loads, excavators, and cranes are examples of general equipment that will be used.
Site Preparation:
Contractor surveys and marks centerlines, top of bank, and all buffers to jurisdictional streams and wetlands.
Construction erosion and sediment control plan is implemented, including installation of Best Management Practices (BMPs) to prevent stormwater runoff.
- Clear and grub vegetated areas for project and construction laydown.
Grading:
Initiate grading activities, including utilizing designated stockpile areas.
- Excavate soils and other in situ materials to achieve designed project rough elevations.
- Utilize in situ soils for fill or import structural fill as required to achieve designed project rough elevations.
Construct permanent and construction roads to an aggregate base course.
- Inspect and maintain erosion and sediment control plan.
Culvert Installation:
Prior to access road construction, install BMPs and temporary diversions, so installation can occur under dry conditions.
- 48" culverts will be installed and partially buried (20 percent) to allow for unimpeded aquatic passage.
- No fresh concrete will come in contact with jurisdictional waters until the concrete has cured.
Once access roads are constructed and the ground stabilized, temporary BMPs will be removed.
Underground Facilities:
- Install underground stormwater piping and control elements (e.g., oil -water separator).
Install direct buried process piping, electrical duct bank, and pre -fabricated trenching.
Foundations:
Install deep foundation as required.
- Excavate, form, install reinforcement and pour building, equipment, and piping support foundations.
Above Grade Construction:
- Set and assemble major equipment and structural steel.
Construct buildings.
- Install and clean process and steam piping.
Install electrical gear and cable.
Interconnections:
- Plant interconnections (i.e., HV electrical, process make-up water, process wastewater) are completed and put in service.
System Testing/Commissioning:
- Each system is confirmed to be complete through testing, including hydrotesting of piping and electrical testing of cable.
All pieces of equipment are energized and tested individually.
- The plant is tested as a complete system to confirm all safety and performance requirements are met.
Final Construction Activities:
- Final paving of roads is completed.
- Crushed stone is installed within the main plant where needed.
- Temporary constructions roads and laydowns areas are restored to pre -construction conditions.
Erosion and sediment control measures are removed and operational stormwater system is fully commissioned.
- Septic/leach field is put into operation.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
Wetland Map and Approved JD (SAW-2016-01608) are included in the attached Appendix B NTE
PCN Application_ final (2017).pdf
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Unknown
Preliminary Approved Not Verified Unknown N/A

Corps AID Number:
SAW-2016-01608
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Bailey (Corps), Sue Homewood (DWR)
Agency/Consultant Company: Jennifer Cassada, ECT
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
DWR provided a stream determination letter on 2/15/2017 (attached in NTE PCN Application_ final (2017).pdf). David Bailey provided a JD on 4/28/2017.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
❑
S1
3a. Reason for impact (?)
culvert
3b.lmpact type*
Permanent
3c. Type of impact*
Culvert
3d. S. name*
UT102
3e. Stream Type"
(?)
Perennial
3f. Type of
Jurisdiction*
Corps
3g. S. width*
Average (feet)
3h. Impact
length"
15
(linear feet)
S2
culvert
Permanent
Culvert
UT3
Perennial
s
Corps
P
7
Average (feet)
212
Qinear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
227
31. Total stream and ditch impacts:
227
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
NTE is proposing to disturb 227 linear feet of perennial stream for access roads. The proposed layout avoids disturbing on -site wetlands (2.7 acres) and
intermittent streams (659 linear feet) on 157.1 acres of potential development areas along with 9,375 linear feet of perennial stream channels. A
combined 10,034 of linear feet of onsite streams, or 98 percent of on -site streams, and 100 percent of wetlands, would be avoided.
Avoidance of Waters of the U.S. was considered in the early stages of project planning. Combined cycle plants equipped with wet cooling towers, such
as the REC, are beneficial in that they require approximately 90 percent less cooling water than once -through cooling facilities which require significantly
more water to generate the same output. Combined cycle plants also require significantly less land than dry cooling facilities, as the air-cooled
condenser requires much more land to provide the same cooling efficiency as a wet cooling tower proposed at the REC.
NTE originally proposed to fit the REC on solely the 83 acre Johnson tract. This proposed layout as originally designed would have the access road to
the site crossing the Johnson property from the east which would have resulted in four stream crossings and the filling of one wetland (NTE PCN
Application_ final (2017).pdf Figure 6). This would have resulted in 285 linear feet of stream impacts and 0.06 acre of wetland impacts.
To minimize impacts, NTE optioned the additional property to the north (Overby) adding approximately 74 acres so that the access road to the site would
cross an existing culvert such that impacts to UT102 would be minimized. In addition, NTE designed a retaining wall near the crossing of UT3 to further
avoid and minimize impacts to the stream. While final designs for two permanent stormwater detention ponds have yet to be finalized, NTE has
determined the locations and maximum footprints of disturbance for both ponds which will remain outside a voluntary, minimum 50-foot buffer for UT3.
No wetland impacts would occur under the proposed REC layout.

1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
NTE proposes to adhere to Federal, State, and Local guidance during construction of the project. In doing so, unavoidable impacts will be minimized to
the extent practicable through the use of best management practices (BMPs) designed to prevent offsite transport of sediment. NTE will also maintain a
50-foot buffer for Waters of the U.S., the boundaries of which will be flagged prior to construction.
Construction BMPs will be designed in accordance with applicable regulations such that downstream Waters of the U.S. are protected. Further, NTE will
conduct regular inspections of structural BMPs throughout the construction process to ensure that BMPs are functioning appropriately as designed.
Installation of culverts will follow the North Carolina Department of Transportation (NCDOT) guidelines. Prior to any work, erosion control BMPs, which
can include silt fence, rock dams, or sediment traps, will be installed. Once installed, NTE will employ temporary diversion measures, which can include
pumping, piping, or impervious dikes, so work can occur under dry conditions. The 48" culverts will be partially buried, approximately 10 inches, to allow
for unimpeded aquatic passage. No fresh concrete will come into contact with jurisdictional waters until the concrete has cured. Once the access roads
are constructed and the ground stabilized, NTE will remove temporary BMPs.
All construction work will be permitted through the NC Department of Energy, Minerals, and Land Resources (DEMLR).
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes
No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
227 linear feet
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes
No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes
If no, explain why:
No
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
The proposed facility is located outside the jurisdiction of both the State and Rockingham County. However, NTE has conducted preliminary stormwater BMP design, and while final design
and drainage plans are not yet complete, the location and maximum footprint of disturbance of BMPs have been determined as depicted in Figure 2 in NTE PCN Application_ final
(2017).pdf.
G. Supplementary Information
1. Environmental Documentation

1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The REC is a stand-alone facility that will not have any subsequent development. The electricity produced by the REC will be sold into the electrical
distribution system and will therefore not result in downstream impacts
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Treated effluent will discharge to the southern bank of the Dan River near Settle Bridge Road via a 5.9-mile subsurface pipeline. Source water will be
comprised of Dan River water and some potable water from the City of Reidsville. The combined source waters will be used for process water needs,
the majority of which will be used for cooling tower makeup water. Along with recycled water from the reverse osmosis system and the HRSG blowdown,
makeup water will be cycled through the cooling towers up to seven times. The cooling tower blowdown will be mixed with low volume waste streams,
including oil -water separator discharges, within a treated wastewater collection sump and discharged to the Dan River. Sanitary waste will be disposed
of through an onsite septic drain field system, and metal cleaning waste will be trucked offsite for disposal. The final septic field will not be located within
100 feet of Waters of the U.S. Additional treatment details are provided in Appendix D of NTE PCN Application_ final (2017).pdf.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
US Fish and Wildlife Service, Information, Planning, and Consultation System (IPaC), NC Natural Heritage Program.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
National Oceanic and Atmospheric Administration Essential Fish Habitat Website
7. Historic or Prehistoric Cultural Resources (Corps Requirement)

7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Conducted survey and consulted with the North Carolina State Historic Preservation Office as of 2016. An updated data request letter was sent on
March 15, 2022 to NC SHPO, the results are pending, consultation letter attached.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM Panel 3710794400J
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or dreg and drop files here to attach document
2. Reidsville Energy Center USFWS Official Species List_ Raleigh Ecological Services Field Office.pdf
204.44KB
3. SHPO Consultation email 2022.pdf
1.83MB
4. Reidsville Figures (2022)_Reduced.pdf
1.31 MB
5. NTE PCN Application_ final (2017)_Reduced.pdf
10.96MB
6. NTE Reidsville Received USACE Permit 2017 (SAW-2016-01608)_Reduced.pdf
1.48MB
7. NTE-REC_Section 401 Certification _08.01# 2017-0067 v2)_Reduced.pdf
490.62KB
8. SHPO Consultation_Overby Tract and Johnson Tract 2016_Reduced.pdf
2.96MB
File must be PDF or KMZ
Comments
Please see the original PCN filed in 2017 that contains original PCN form and supporting documentation for this filing.
Please Note - The USFWS Official List does not currently include a determination key letter. On March 17, 2022, the website states it is, "experiencing an issue that prevents determination
key letters form generating
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Brian Romero
Signature
Date
3/18/2022