20170067 Ver 4_2016-01608 NWP 39 Tearsheet - Re-verification_20220511

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-01608 County: Rockingham U.S.G.S. Quad: NC-Bethany
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:NTE Carolinas II
Attn: Brian Romero
Address:24 Cathedral Place, Suite 600
Saint Augustine, FL 32084
Size (acres) ~157.1 Nearest Town Wentworth
Nearest Waterway Little Jacobs Creek River Basin Roanoke
USGS HUC 03010103 Coordinates 36.333252, -79.833382
Location description: The project is located between NC 65 and New Lebanon Church Road, just west of Ernest Drive, near
Reidsville, Rockingham County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.04 acre (227
linear feet) of stream channel (all a loss of waters of the US from culvert fill) and the temporary discharge of fill material into
0.01 acre (80 linear feet) of stream channel (construction access/dewatering), necessary for the installation of two road
crossings for access to a natural gas fired, combine cycle power plant known as the NTE Reidsville Energy Center.
Applicable Law(s): ܈Section 404 (Clean Water Act, 33 USC 1344)
܆Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 39 (2021) Commercial and Institutional Developments
*Reverification of the use of NWP 39, initially issued on 7/28/2017.
SEE ATTACHED 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, your application signed and dated 3/28/2022, and the enclosed plans Figure 2 (Facility Layout) and Figure 5 (Culvert
Sections), dated 6/7/2017 and 7/19/2017, respectively. 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 [phone]) 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.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. 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 [phone] X 30 or [e-mail].
Corps Regulatory Official: _____________________________________________________Date: 05/11/2022
Expiration Date of Verification: 3/14/2026
Date: 2022.05.11 14:04:45 -04'00'
SAW-2016-01608
SPECIAL CONDITIONS
1. 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.
2. Please note that future impacts and/or phases of the NTE Reidsville Energy Center commercial/
industrial development, and related activities associated with Corps Action ID: SAW-2016-01608,
may be considered part of a single and complete project; these impacts may be considered
cumulative with impacts authorized during earlier phases with respect to 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 the activities considered
part of the Reidsville Energy Center single and complete project. Current cumulative impacts to
waters of the US for the NTE Reidsville Energy Center single and complete project include a total
loss of 0.04 acre (227 linear feet) of stream channel/waters of the US.
Corps Regulatory Official: ______________ ______ ______ Date: 05/11/2022
Expiration Date of Verification:3/14/2026
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 https://regulatory.ops.usace.army.mil/customer-service-survey/.
Copy furnished:
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston Salem NC 27105
Date: 2022.05.11
14:04:24 -04'00'
U.S.ARMYCORPSOFENGINEERS
WilmingtonDistrict
Page1of2FormDateJuly7,2020
CompensatoryMitigationResponsibilityTransferForm

Permittee:NTECarolinasII,Attn:BrianRomero ActionID:SAWͲ2016Ͳ01608
ProjectName:ReidsvilleEnergyCenter/NTECarolinas/4673NC65/Reidsville/RockinghamCountyCounty:Rockingham

InstructionstoPermittee:ThePermitteemustprovideacopyofthisformtotheMitigationSponsor,eitheranapproved
MitigationBankortheNorthCarolinaDivisionofMitigationServices(NCDMS),whowillthensigntheformtoverifythe
transferofthemitigationresponsibility.OncetheSponsorhassignedthisform,itisthePermittee’sresponsibilitytoensure
thatWilmingtonDistrictProjectManageridentifiedonpagetwoisinreceiptofasignedcopyofthisformbeforeconducting
authorizedimpacts,unlessotherwisespecifiedbelow.IfmorethanoneMitigationSponsorwillbeusedtoprovidethe
mitigationassociatedwiththepermit,oriftheimpactsand/orthemitigationwilloccurinmorethanone8ͲdigitHydrologic
UnitCode(HUC),multipleformswillbeattachedtothepermit,andtheseparateformsforeachSponsorand/orHUCmust
beprovidedtotheappropriateMitigationSponsors.

InstructionstoSponsor:TheSponsorverifiesthatthemitigationrequirements(credits)shownbelowhavebeenreleased
andareavailableattheidentifiedsite.Bysigningbelow,theSponsorisacceptingfullresponsibilityfortheidentified
mitigation,regardlessofwhethertheyhavereceivedpaymentfromthePermittee.Oncetheformissigned,theSponsor
mustupdatethebankledgerandprovideacopyofthesignedformandtheupdatedledgertothePermittee,theProject
Managerwhoissuedthepermit,theBankProjectManager,andtheDistrictMitigationOffice(seecontactinformationon
page2).TheSponsormustalsocomplywithallreportingrequirementsestablishedintheirauthorizinginstrument.

PermittedImpactsandCompensatoryMitigationRequirements

PermittedImpactsRequiringMitigation*:8ͲdigitHUCandBasin:03010103,RoanokeRiverBasin
StreamImpacts(linearfeet)WetlandImpacts(acres)
WarmCoolColdRiparianRiverineRiparianNonͲRiverineNonͲRiparianCoastal
227     
*Ifmorethanonemitigationsponsorwillbeusedforthepermit,onlyincludeimpactstobemitigatedbythissponsor.

CompensatoryMitigationRequirements:8ͲdigitHUCandBasin:03010103,RoanokeRiverBasin
StreamMitigation(credits)WetlandMitigation(credits)
WarmCoolColdRiparianRiverineRiparianNonͲRiverineNonͲRiparianCoastal
454   

MitigationSiteDebited:NCDMS
(Listthenameofthebanktobedebited.Forumbrellabanks,alsolistthespecificsite.ForNCDMS,listNCDMS.IftheNCDMS
acceptanceletteridentifiesaspecificsite,alsolistthespecificsitetobedebited).

SectiontobecompletedbytheMitigationSponsor

StatementofMitigationLiabilityAcceptance:I,theundersigned,verifythatIamauthorizedtoapprovemitigation
transactionsfortheMitigationSponsorshownbelow,andIcertifythattheSponsoragreestoacceptfullresponsibilityfor
providingthemitigationidentifiedinthisdocument(seethetableabove),associatedwiththeUSACEPermitteeandAction
IDnumbershown.Ialsoverifythatreleasedcredits(and/oradvancecreditsforNCDMS),asapprovedbytheWilmington
District,arecurrentlyavailableatthemitigationsiteidentifiedabove.Further,IunderstandthatiftheSponsorfailstoprovide
therequiredcompensatorymitigation,theUSACEWilmingtonDistrictEngineermaypursuemeasuresagainsttheSponsorto
ensurecomplianceassociatedwiththemitigationrequirements.

MitigationSponsorName:

NameofSponsor’sAuthorizedRepresentative: 


SignatureofSponsor’sAuthorizedRepresentativeDateofSignature
U.S.ARMYCORPSOFENGINEERS
WilmingtonDistrict
Page2of2
ConditionsforTransferofCompensatoryMitigationCredit:
x OncethisdocumenthasbeensignedbytheMitigationSponsorandtheDistrictisinreceiptofthesignedform,the
Permitteeisnolongerresponsibleforprovidingthemitigationidentifiedinthisform,thoughthePermitteeremains
responsibleforanyothermitigationrequirementsstatedinthepermitconditions.
x Constructionwithinjurisdictionalareasauthorizedbythepermitidentifiedonpageoneofthisformcanbeginonlyafter
theDistrictisinreceiptofacopyofthisdocumentsignedbytheSponsor,confirmingthattheSponsorhasaccepted
responsibilityforprovidingthemitigationrequirementslistedherein.WhenNCDMSprovidesmitigationforauthorized
impactsconductedbytheNorthCarolinaDepartmentofTransportation(NCDOT),constructionwithinjurisdictionalareas
mayproceeduponpermitissuance;however,acopyofthisformsignedbyNCDMSmustbeprovidedtotheDistrict
within30daysofpermitissuance.NCDOTremainsfullyresponsibleforthemitigationuntiltheDistricthasreceivedthis
form,confirmingthattheSponsorhasacceptedresponsibilityforprovidingthemitigationrequirementslistedherein.
x SignedcopiesofthisdocumentmustberetainedbythePermittee,MitigationSponsor,andintheUSACEadministrative
recordsforboththepermitandtheBank/ILFInstrument.ItisthePermittee’sresponsibilitytoensurethattheDistrict
ProjectManager(addressbelow)isprovidedwithasignedcopyofthisform.
x Ifchangesareproposedtothetype,amount,orlocationofmitigationafterthisformhasbeensignedandreturnedto
theDistrict,theSponsormustobtaincaseͲbyͲcaseapprovalfromtheDistrictProjectManagerand/orNorthCarolina
InteragencyReviewTeam(NCIRT).Ifapproved,highermitigationratiosmaybeapplied,aspercurrentDistrictguidance
andanewversionofthisformmustbecompletedandincludedintheDistrictadministrativerecordsforboththepermit
andtheBank/ILFInstrument.

Comments/AdditionalConditions:AletterfromNCDMS,dated3/18/2022,confirmingtheyarewillingandabletoaccept
theapplicant’scompensatorymitigationresponsibilitywasprovided.







ThisformisnotvalidunlesssignedbelowbytheDistrictProjectManagerandbytheMitigationSponsoronPage1.Once
signed,theSponsorshouldprovidecopiesofthisformalongwithanupdatedbankledgerto:1)thePermittee,2)the
DistrictProjectManagerattheaddressbelow,3)theBankManagerlistedinRIBITS,and4)theWilmingtonDistrict
MitigationOffice,3331HeritageTradeDrive,Suite105,WakeForest,NC27587(orbyemailto[e-mail]).
QuestionsregardingthisformoranyofthepermitconditionsmaybedirectedtotheDistrictMitigationOffice.

USACEProjectManager:DavidE.Bailey
USACEFieldOffice:RaleighRegulatoryOffice
USArmyCorpsofEngineers
3331HeirtageTadeDrive,Suite105
WakeForest,NorthCarolina27587
Email:[e-mail]



May11,2022
WilmingtonDistrictProjectManagerSignatureDateofSignature

CurrentWilmingtonDistrictmitigationguidance,includinginformationonmitigationratios,functionalassessments,and
mitigationbanklocationandavailability,andcreditclassifications(includingstreamtemperatureandwetlandgroupings)is
availableathttp://ribits.usace.army.mil.
Date: 2022.05.11
14:01:49 -04'00'
1?35-?17((QHUJ\?(FR?3&1?)LJXUHV?)LJXUH)DFLOLW\/D\RXW?²
FIGURE 2.
FACILITY LAYOUT
Source: NTE: Mott Macdonald Site Arrangement, 2017.
),*85(
July 20, 2017
Page 5

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 be
conducted in accordance with NC Department of Environmental Quality (DEQ), NC
Department of Transportation (NC DOT), 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 feet down stream of the exit of the
permanent culvert. The flow will be 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 riprap 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 1
Culvert
Location
Length (ft) Approximate
Width (ft)
Temporary
Area of
Disturbance
(ft^2)
Total
Stream
Permanent
Culvert
Temporary
Disturbance
UT102 68 28 40 3 120
UT3 229 189 40 7 280

Action ID Number: SAW-2016-01608 County: Rockingham
Permittee: NTE Carolinas II (Attn: Brian Romero)
Project Name: Reidsville Energy Center / NTE Carolinas / 4673 NC 65 / Reidsville / Rockingham County
Date Verification Issued: 05/11/2022
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
WILMINGTON DISTRICT
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
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
SAW-2016-01608
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). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided
there is no change in law or our published regulations or new information that warrants revision of this determination.
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). This determination may be relied upon for a period not to exceed
five years from the date of this notification, provided there is no change in law or our published regulations or new information
that warrants revision of this determination.
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 jurisdictional areas within the above-described project area have been identified under a previous action. Please
reference jurisdictional determination issued 4/28/2017. Action ID: SAW-2016-01608.