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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 1)N c=1.15,n=U.S. ranwrminrnt nu=non,ou=F'r:l, o1W5A,[n=9Aa Fy.13AV10t. 13 19215:3r35 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.