HomeMy WebLinkAbout20170067 Ver 4_6 - USACE Permit 2017 (SAW-2016-01608)_20220318Permittce:
Address:
U.S- ARMY C DRPS OF E:NGINH:EKS
WII_MfNGTON DISTRICT
Action Id. SA►►'-2016-01608 County. Rockingham U.S.G.S. Quad: NC -Bethany
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
:VIE Carolinas lf, I.1.0
Atlas.: Garret Reeks
24 Cathedral Place, Suite 300
Saint Augustine, Ff.32084-4465
Size I acres) -157.1 Nearest Town Reidsville
Nearest Waterway CT to Little Jacobs Creek River Basin Roanoke
L1SGS !WC 03010103 Coordinates 36.33308 N. 79.833511 W
Location description: She pnlolert is located between \C' 65 And New Lebanon Church road. lust west of Ernest Drive, neat'
Reidsville, Roekln¢hAm County, North Carolina.
Description of projects area and activity: This verification authorias•s the prrmauent discharge of fill material into 227 linear fret
(0.04 acre)of stream channel (all a loss of waters of the CS from culvert fill) and the tcmporars discharge of fill material into
80 linear fret 1'0.01 acre) of stream channel (construction acress/it matering), necessary for the installation of nso road
crossings for access to a vain raI gas fired, combine cycle power plant kllossn aS the NTE Reidsville Emus- Center.
Applicable Law(sj: J Soclion 404 (Clean Water Act, 33I?SC ]344)
❑ Section 10 (Rivers and Harbors Act. 33 I ISC 4031
Authorization: nationwide Permit Number: :N W? 39 Commercial and Institutional
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your walk is authorized by the aim •e referenced permit provided it is accomplished in strict Arcot dance with the enclosed
Conditions, your application dated 6,7/2017 (received 6/8/2017) and ressuet) information dated 711712017 (received via email
7/20/2017), and the enclosed plans Figure 2 (facility Layout) and Hon 5 (Culvert Sections) dated 6/7/2017 and 7/19/2017,
respectively. Any violation of the attached conditions or deviation from yoursubmitted plans may subject the permittee to a
stop pork order. a restar:,ttlon order, a Class 1 administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is codified. suspended
or revoked. If. prior to the expiration dare 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 tens and conditions of the nationwide permit. activities which have commenced (i.e.. are tinder 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 et revocation. unless discretionary authority has
been exercised ou a case -by -case basis to modify. suspend or revoke the authorization.
Activities subject In Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Watcr Resources (telephone 919-807-6300) to determine Section 401 iequi cements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act lC'AMA1. prior
to beginning work you mast contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808.2808.
Thus Department of the Army verification does not relieve the pernuttee of the responsibility to obtain any other required Federal. Stare
or local approv'alslperuuts.
If there are any questions regarding this verification. any of the conditions of the Permit. or the Corps of Engineers regulatory program.
please contact David E. Bailey at (919) 554-4884 tit 30 or David.E.Baileyliij usacr.ai my.mil.
ogItal!Y signed by B IS.DMIR.C11792en36
vas: c-ur. o-us. wvemmenc ou-unu. au -MI,
a..u5gc,-11,1LFVMVn..1t1aUertr6
Corps Rcgulatnry Official: f' arse 2017.07_elt24:16-04W Date: 7/28/2017
Expiration Dale of Verification: 3/1812022
SPECIAL CONDITIONS for SAW-2016-01608
a. 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.
b. Future impacts and/or phases of the Reidsville Energy Center project and related activities associated with
Corps Action ID: SAW-2016-01608 will he considered part ofa single and complete project; these impacts will
be considered cumulative with impacts permitted during earlier phases regarding compensatory mitigation and
Nationwide Permit thresholds. Water intakes and outfall running to and from the Reidsville Energy Center, as
well as associated utility lines. are among [he activities considered part of the Reidsville Energy Center single
and complete project.
Corps Regulatory Official:
Expiration Dale of Verification: 3/18/2022
Hate: 712812017
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
htti: Icorpsmaou.usace.armv.mil cm apex+/" i 136 4:0
Copy furnished:
Jennifer Cassada. L.0 r. 720S Falls of the Nense Rd. Shire 102, Raleigh, NC 27615
Sue Homewood, NCL)EQ_UWR, 450 W. Hanes Mill Rd, Suite 300. Winston-Salem NC 27105
Compensatory Mitigation Responsibility Transfer Form
Permittee: NTE Carolinas II, LLC, Attn: Garret Weeks Action ID: SAW-2016-01608
Project Name: Reidsville Energy Center / NTE Carolinas / 4673 NC Highway 65 / Reidsville / Rockingham County / commercial
County: Rockingham
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 INCDMS}, 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.
PermittedImpacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation' 8-digit HUC and Basin: 03010103, Roanoke River Basin
Stream Impacts (linearfeetj
Wetland Impacts (acres)
Warm Cool Cold
Riparian Riverine
Riparian Non-Riverine Non -Riparian
Coastal
227
•If more than one mitigation sponsor will he u ed for the permit, only include impacts to be mitigated by this sponsor.
CompensatoryMitigation Requirements:
Stream Mitigation {credits)
8 digit HUC and Basin: 03010103, Roanoke River Basin
Wetland Mitigation (credits}
Warm
4S4
Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
Mitigation Site Debited: NCDMS
lLfst 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 l 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
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USAGE 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 hy the permit identified on page one of this form ran 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), constriction 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 af 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 ropy 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 USAGE Project Manager and/or North Carolina interagency Review Team
(NCIRT). If approved, higher mitigation ratios maybe 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: A letter from NCDMS confirming their willing and able to accept the applicants compensatory
mitigation responsibility. dated 6/1/2D17 was included with the pre constructio n notification.
this form is not valid unless signed below hy the USAGE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the
Sponsor should provide copies of this form along with on updated honk ledger to: I) the Permittee, 2) the USACE Project Manager
at the address below, and 3J the Wilmington fllstrict Mitigation Office, Ran: Todd Tugweli,11405 Falls of Meuse Road, Woke Forest;
NC 27587 email: todd.tugwell@usoce.army.mil). Questions regarding this farm or any of the permit conditions may he directed to
the USACE Project Manager below.
USAGE Project Manager:
USAGE Field Office:
Email:
David E. Bailey
Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage 'fade Drive, Suite 105
Wake Forest, North Carolina 27587
Davi d.E.Bailey2@usace.army.mil
siqrird by aAKEV_LIAVIn.E.13797e 3/36
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Date 201707.25 11.14:49-041:0'
7/28J2017
USAGE 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) i5 available at
http://rlbits.u5ace.army.mi I
Determination alJurisdiction:
A. ❑ There are wafers, on the above described pmjcct area that may be subject to�CSection 4i 4 of the Clean Water Act (CWA 1 (33
IISC § 13441 a nd+oI Suction 10 of the Rivers and Harbors Act (RNA) (33 IFSC § 4031. TIlkk preliminary' determination is not all
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 C'FR Part 3311. However, you
may request an approved ID, which is an appealable action, by contacting the Corps district for further instruction. Please note, if
work is authnrited by either a general or nationwide permit, and yin wish to request an appeal of art appmycd ID, the appeal mast
he received by tirc Corps and the appeal process concluded prior to the commencement of any work in waters of the IFnited States
and prior to any work that could alter the hydrology of w-a tees of the United States.
13. ❑ There are Navigable Waters of the ilnitnd States within the above described project area subject to the permit roquiremenis of
Section 10 of the Rivers and Harbors Act (RHA( (33 IISC § 4431 and Sections 404 of the Clean Water Act (CWA 1 (33 IISC §
13441. Unless there is a change in the law sr our published regulations, this determination may hi relied upon for a period not to
exceed flee years from the date of this notification.
C. 111 There are waters, within the above described project area that are subject to the permit requirements of Section 404 of the
Clean water Act I C'WA t t33 USC § 13441. 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.
1). ®.I -he Jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination Issued 4/28/2017. Action Ill- SAW 2016 01608.
Action 177 Number: SAW-2016-01608 County: Rockingham
Permittee: NTE Carolinas II. f.I.C:, (attn.: Garret Weeks)
Project Name: Reidsville Energy Center / NTE Carolinas 14673 NC Highway 651 Reidsville /
Rockingham County / commercial
Date Verification Issued: 7/28/2017
Project Manager: David E. Bailey
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
W ILMINGTON DISTRICT
Attn: David Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a IT. 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
PROPER rY L1AE
yk
l}1
fI WASTEWATER
r}i EITERCONNEGTION
lLOI NIAIgN1
1T1
i
S+Ilf
NUT TAMS -
CPC NATURAL GAS -
IMTERp12E
PLANT OM E EXST1NG CUL VERT
[TO 9E REPLAGEOI
PI OPERTT uhc 1 0 - . /' %,
co - \ //J r'
///
PROPERTY IPIE
C:RT s
PNG LATERAL
P Txr E.S.
FIGURE 2.
FACILITY LAYOUT
Sout o: NTE: Mott Macdonald Silo Arrangement. 2017.
I
r
750'
TEMPORARY
IMPERVIOUS DIKE
760'
u
iiiiiiiiiiiiiiimst ,
775'j�
f
770'
PLAN SWITCHYARD CROSSING
SCALE: 1" = 40'-O"
0' 40' S
2:1SLOPE
(TYP)
FLOW
728'
EXISTING GRADE
2% SLOPE
STREAM
,g_____
EXISTING GROUND
188'-115
SECTION
111 = 10i_0"
SECTION A
ft
ft' 2
Stream Length
211.6
-
Stream Width*
7
-
5tream Area
-
1481. ;
Culvert Length (Linear)
189
-
* = Estimate
Temporary Disturbance
40
280
:3 Mott MacDonald
IThis document is issued for the party wltio0 commissioned it and for specific purposes connected wills the captioned project only. It should not be relied upon by any other party or used for any other purpose.
We acospt no responsibility for the consequences of Ibis document being relied upon by any other party, or bung used for any other purpose, or containing any error or omission which is doe wan error or omission in data supplied to us by other parts
P:L334954 NTE a ovelopnonl1334954NC2 Reidsville}Orawings1CSA1334954N02401a034wg Jut 19, 2017-10:28AM FED77076
Temporary diversions will be required for culvert installation. The two stream crossing
locations are along the plant access road and the switchyard crossing from the power
island. See Drawing 334954NR-CSK-101 (Figure 5) sections A and B. Work will he
conducted in accordance with NC Department of Environmental Quality (DEQ). NC
Department of Transportation (NC Dar), and USACE. regulations.
The streams will be blocked during construction by use of a temporary impervious dike
approximately 20 feet upstream of the entrance to the permanent culvert. A second
impervious dike will be located approximately 20 feel down stream of the exit of the
permanent culvert. The flow will he diverted to a location beyond the construction zone
via a pumped diversion, piped diversion. or fabric lined diversion channel consistent with
the attached diagrams from the NC DOT Best Management Practice (BMP) for
Construction and Maintenance Activities.
Construction will involve resurfacing the stream bed to a suitable foundation for the
culvert. Minimal excavation is expected due to a rocky stream bed. The slope of the
culvert will match existing grade at approximately 2% grade. No ripmp will be installed
in the stream bed beyond the exit of the culvert or any other identified areas of high
velocity.
The culvert will be covered in fill, road bed material and paved. All materials and tools
used in construction will be removed after completion. Temporarily disturbed area will
be fully restored after construction, see Table 1 for quantities.
Table I
Culvert
Location
Length (ft)
Approximate
Width al)
Temporary
Area of
Disnubaucc
(ft"2)
Total
Stream
Permanent
Culvert
Temporary
Disturbance
UT1ll2
68
28
40
3
120
UT3
229
189
40
7
280
- Environmental
Consulting 8
Technology, Inc.