HomeMy WebLinkAbout20220345 Ver 1_More Information Received_20220516Strickland, Bev
From: Joey Lawler <JLawler@smeinc.com>
Sent: Monday, May 16, 2022 8:28 AM
To: Cohn, Colleen M; Norton, April R CIV USARMY CESAW (USA)
Cc: Keith Gualtieri; RHONDA LEMON (Gas Distribution - 5);
robert.lepsic@dominionenergy.com
Subject: RE: [External] RE: Request for Additional Information (DENC Person County Pipeline)
SAW-2022-00518
Attachments: DENC Person County Pipeline SAW-2022-00518 - Revision Information.pdf
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Good morning Colleen and April —
I have updated the figures to reflect your comments and depict a new 30' maintenance corridor as discussed. I have
included them in the attached package with the additional info the April requested earlier.
Yes — all of the wetland crossings are 50 feet. I think that several of the exhibits were projecting in a different plane or
something so the scale bar wasn't matching. That should be taken care of now.
You may also notice some minor differences in the calculated impacts. This is simply a result of rounding from additional
paring of the ROW to show 30' permanent and 20' temp easement lines. So please refer to the revised impact table in
this submission going forward.
Thanks and please let me know what else you may need.
Joey Lawler, PWS
Senior Consultant
BUILT FOR
VERSATILITY
S&ME
2016 Ayrsley Town Blvd., Suite 2-A
Charlotte, NC 28273
0: 704.523.4726
M: 704.604.6474
www.smeinc.com
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From: Cohn, Colleen M <colleen.cohn@ncdenr.gov>
Sent: Friday, May 6, 2022 3:33 PM
To: Joey Lawler <JLawler@smeinc.com>; Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>
Subject: RE: [External] RE: Request for Additional Information (DENC Person County Pipeline) SAW-2022-00518
1
This message originated outside of S&ME. Please report this as phishing if it implies it is from an S&ME employee.
Good afternoon!
I'm beginning my review of the above reference project (DWR#20220345) and require some additional information:
1. Please provide updated buffer impact maps that show that the permanent impacts have been reduced to a 30-
foot maintenance corridor. I did not see them in your response submitted 4/19/22.
2. Please verify that all of the crossings are less than or equal to 50 feet wide. For instance, on Figure No. 13, for
Wetland WCC, it looks like the crossing is slightly wider than 50 feet when compared to the scale at the bottom
of the page. It is also unclear on the plans for WR, WG, SG, WK, SM, WN, and WP. The original buffer impact
maps had the widths shown, which may be helpful on the stream/wetlands sheets as well.
3. It is difficult to distinguish the temporary wetlands impacts from the permanent conversions. The peach/yellow
colors show up very similarly on the screen. Is there a different hatching/shading/color/etc that could be used to
help distinguish the differences? If so, please revise the plans to clearly differentiate the types of wetlands
impacts.
Thanks,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Joey Lawler <JLawler@smeinc.com>
Sent: Tuesday, April 19, 2022 5:02 PM
To: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>
Cc: Cohn, Colleen M <colleen.cohn@ncdenr.gov>
Subject: [External] RE: Request for Additional Information (DENC Person County Pipeline) SAW-2022-00518
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Good afternoon April and Colleen.
Please see DENC's response to the questions from your March 24, 2022 email below:
• USACE: The work area authorized NWP 12, including temporary and/or permanent fills, must be minimized to
the greatest extent practicable. Justification for work corridors exceeding forty (40) feet in width is required and
will be based on pipeline diameter and length, size of equipment required to construct the utility line, and other
construction information deemed necessary to support the request. Your application states, "The 50 foot width
of the proposed easement is required to adequately support: 1) aerial and ground leakage surveys; 2) aerial
patrolling for possible encroachment activity near the pipeline; 3) accurate identification of possible repairs and
2
maintenance; 4) promotion of damage prevention in that the easement can be more easily identified by the
public, and; 5) minimization of potential canopy encroachment, which creates visibility concerns." Please provide
additional information regarding the purpose and need for the proposed 50 foot width easement and why a 40-
foot width easement would not suffice.
DENC Response: The total width of the proposed work area was reduced to 50 feet at wetland/stream crossings,
and extra temporary workspace has been sited outside of jurisdictional areas and riparian buffers. Fifty feet of
workspace is considered the industry standard for construction of transmission lines, and typically represents
the minimum amount of workspace necessary to adequately and safely accommodate the following elements,
all of which are necessary within that space: Installation of silt fence or other erosion control devices, along with
appropriate offsets within the boundaries of the easement; placement of timber mats or equipment bridges for
the travel lane in such a manner that allows sufficient boom and dipper arm swing radius of excavation and
pipe -lowering equipment; trench excavation and sloping to a width and depth necessary to accommodate
placement of the new pipe and avoid cave-ins or undermine adjacent equipment work space in wet or saturated
soils, and; space for temporary placement and separate stockpiling of topsoil and subsoil.
• USACE: It appears as functions of waters of the United States would be permanently adversely affected by the
proposed activity, i.e., converting a forested or scrub -shrub wetland to an herbaceous wetland in a permanently
maintained utility line right-of-way. Cumulative permanent wetland conversion impacts exceed the 0.10-acre
threshold and therefore compensatory mitigation is required to reduce the adverse environmental effects of the
activity to no more than minimal level. Typically, compensatory mitigation is required at a 1:1 credit to impact
ratio for permanent wetland conversion unless otherwise justified based on evaluation of aquatic function.
DENC Response: DENC proposes to offset the conversion impacts by purchasing wetland mitigation credit from
either a public bank (where available) or the NC Division of Mitigation Services (DMS). RES will provide the
wetland mitigation for the 0.038 acre of conversion impacts located in Neuse HUC 03020201, and DMS will
provide credits for the 0.087 acre of conversion impacts located in Tar Pamlico HUC 03020101. Letters indicating
that credit in excess of that required is available from RES and DMS are attached. Mitigation for the remaining
wetland/stream impacts, which are either temporary or occur in non -forested wetlands, is not required.
Please note that to further minimize impacts, DENC has now agreed to reduce the width of the permanently
maintained corridor to 30 feet through wetland and riparian buffer areas. Th remaining 20 feet of the 50-foot
easement will be allowed to revegetate and will not be maintained in the future. Accordingly, a revised set of
drawings, impact and mitigation tables that reflect this reduction in wetland/buffer impacts are attached.
Colleen — please note that by reducing the width of the permanent maintenance corridor to 30 feet and the
construction corridor to 50 feet, all of the proposed crossings are now "deemed allowable" and will no longer
require buffer mitigation. Any of the proposed crossings that pass through the buffer in a non -perpendicular
manner will only affect Zone 2, and are also "deemed allowable."
Please let me know if I should also upload this information through the link provided by Colleen previously.
Complied Attachments:
• Revised Figures
• Revised Pre -JD forms and Aquatic Resources Table
• Revised Impact Tables
• Revised Mitigation Table
• Mitigation Credit Availability Letters
Thank you, and please do not hesitate to let me know if you need anything else —j
3
Joey Lawler, PWS
Senior Consultant
III -=
BUILT FOR
VERSATILITY
S&ME
2016 Ayrsley Town Blvd., Suite 2-A
Charlotte, NC 28273
0: 704.523.4726
M: 704.604.6474
www.smeinc.com
Linkedln Twitter Facebook
From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>
Sent: Thursday, March 24, 2022 9:25 AM
To: Joey Lawler <JLawler@smeinc.com>
Cc: Cohn, Colleen M <colleen.cohn@ncdenr.gov>
Subject: Request for Additional Information (DENC Person County Pipeline) SAW-2022-00518
This message originated outside of S&ME. Please report this as phishing if it implies it is from an S&ME employee.
Dear Joey Lawler,
Thank you for your preconstruction notification (PCN) and attached information, dated 3/3/2022, for the above
referenced project. I have reviewed the information and need clarification before proceeding with verifying the use of
Nationwide Permit (NWP) 12.
Please submit the requested information below (via e-mail is fine) within 30 days of receipt of this Notification,
otherwise we may deny verification of the use of the Nationwide Permit or consider your application withdrawn and
close the file:
1) The work area authorized NWP 12, including temporary and/or permanent fills, must be minimized to the
greatest extent practicable. Justification for work corridors exceeding forty (40) feet in width is required and will
be based on pipeline diameter and length, size of equipment required to construct the utility line, and other
construction information deemed necessary to support the request.
Your application states, "The 50-foot width of the proposed easement is required to adequately support: 1)
aerial and ground leakage surveys; 2) aerial patrolling for possible encroachment activity near the pipeline; 3)
accurate identification of possible repairs and maintenance; 4) promotion of damage prevention in that the
easement can be more easily identified by the public, and; 5) minimization of potential canopy encroachment,
which creates visibility concerns."
Please provide additional information regarding the purpose and need for the proposed 50-foot width easement
and why a 40-foot width easement would not suffice.
2) It appears as functions of waters of the United States would be permanently adversely affected by the proposed
activity, i.e., converting a forested or scrub -shrub wetland to an herbaceous wetland in a permanently
4
maintained utility line right-of-way. Cumulative permanent wetland conversion impacts exceed the 0.10-acre
threshold and therefore compensatory mitigation is required to reduce the adverse environmental effects of the
activity to no more than minimal level. Typically, compensatory mitigation is required at a 1:1 credit to impact
ratio for permanent wetland conversion unless otherwise justified based on evaluation of aquatic function.
Please let me know if you have any questions.
Sincerely,
April Norton
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: (919) 441-3637
Fax: (919) 562-0421
Email: April.R.Norton@usace.army.mil
5
Revised Figures
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WETLAND
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REFERENCE:
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JURISDICTIONAL IMPACTS EXHIBITS
DOMINION ENERGY NORTH CAROLINA
PERSON COUNTY PIPELINE PROJECT
PERSON COUNTY, NORTH CAROLINA
SCALE:
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PROJECT NUMBER
216997
FIGURE NO.
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ed by DHomans05-12-2022
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--- ACCESS ROADS AND EXTRA WORKSPACE
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PERMANENT WETLAND CONVERSION IMPACTS
TEMPORARY WETLAND IMPACTS
■ ■ TEMPORARY STREAM IMPACTS
JURISDICTIONAL IMPACTS EXHIBITS
DOMINION ENERGY NORTH CAROLINA
PERSON COUNTY PIPELINE PROJECT
PERSON COUNTY, NORTH CAROLINA
SCALE:
AS SHOWN
DATE:
5-12-22
PROJECT NUMBER
216997
FIGURE NO.
18
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IMPACT
1,281 SF ZONE 2: TEMP.
IMPACT
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LEGEND: STREAM BUFFERS
0 SF ZONE 1: PERM. IMPACT
0 SF ZONE 2: PERM. IMPACT
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LEGEND: STREAM BUFFERS
0 SF ZONE 1: PERM. IMPACT
1,722 SF ZONE 2: PERM. IMPACT
0 SF ZONE 1: TEMP. IMPACT
1,491 SF ZONE 2: TEMP. IMPACT
STREAM (SF) ANGLE: N/A
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932 SF ZONE 2: PERM. IMPACT 0
1,285 SF _ ZONE 1: TEMP. IMPACT
712 SF ZONE 2: TEMP. IMPACT
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MAINTENANCE CORRIDOR
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LEGEND: STREAM BUFFERS
1,898 SF ZONE 1: PERM. IMPACT
1,264 SF ZONE 2: PERM. IMPACT
1,230 SF_ ZONE 1: TEMP. IMPACT
820 SF ZONE 2: TEMP. IMPACT
STREAM (SG) ANGLE: 110'
STREAM (SG)
INTERMITTENT
OPEN CUT FOR GAS LINE,
TEMPORARY STREAM CROSSING/MAT
PLACEMENT
1 \� 30 FT PERMANENT
MAINTENANCE CORRIDOR
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PERENNIAL
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PLACEMENT
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ZONE 1: PERM.
IMPACT
1,329 SF
ZONE 2: PERM.
IMPACT
1,220 SF_
ZONE 1: TEMP.
IMPACT
989 SF
ZONE 2: TEMP.
IMPACT
STREAM (SC) ANGLE: 98'
Cn
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STREAM (SC)
PERENNIAL
OPEN CUT FOR GAS LINE,
TEMPORARY STREAM CROSSING/MAT
PLACEMENT
SC: SUBJECT
STREAM SC CROSSING WITH BUFFER.
DEEMED ALLOWABLE.
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ENERGY LAND & INFRASTRUCTURE PLLC
136 QUADE DRIVE GARY, NC 27513
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1,814 SFO ZONE 1: PERM. IMPACT
1,209 SFO ZONE 2: PERM. IMPACT
1,212 SF_ ZONE 1: TEMP. IMPACT
806 SF ZONE 2: TEMP. IMPACT
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Revised Pre -JD forms and Aquatic Resources Table
Jurisdictional Determination Request
M
U5 Army Corps
of Engineers
Wilmington district
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or
facsimile. A current list of county assignments by Field Office and project manager can be
found on-line at: http://www.saw.usace.army.mil/Missions/Re ulaton PennitPro rg am.aspx , by
telephoning: 910-251-4633, or by contacting any of the field offices listed below:
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251-4610
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: (910) 251-4025
Version: December 2013 Page 1
Jurisdictional Determination Request
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E and F.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part G.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD
requests must include the current property owner authorization for the Corps to proceed with the
determination, which may include inspection of the property when necessary. This form must be
signed by the current property owner to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD
requests associated with North Carolina Department of Transportation (NCDOT) projects will be
conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
Version: December 2013 Page 2
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: See attached Exhibits
City, State: Rougemont
County: Person
Directions: The new line originates at the Upper Piedmont Landfill and
extends roughly SW for 4.4 miles
Parcel Index Number(s) (PIN): See attached List
B. REQUESTOR INFORMATION
Name: Joey Lawler, P.W.S.
Mailing Address: 2016 Ayrsley Town Blvd., Suite 2A
Telephone Number: 7904.604.6474
Electronic Mail Address': jlawler@smeinc.com
Select one:
❑ I am the current property owner.
❑✓ I am an Authorized Agent or Environmental Consultant
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Dominion Energy North Carolina (easement only)
Mailing Address: 220 Operation Way, MC C221
Cayce, SC 29033
Telephone Number: 803.201.2539
Electronic Mail Address 3: robert.ley@dominionenergy.com
❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data)
1 If available
z Must attach completed Agent Authorization Form
3 If available
Version: December 2013 Page 3
Jurisdictional Determination Request
D. PROPERTY OWNER CERTIFICATION'
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on -site investigations
and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
See attached Agent Form
Property Owner (please print)
Property Owner Signature
E. JURISDICTIONAL DETERMINATION TYPE
Select One:
Date
❑� I am requesting that the Corps provide a preliminary JD for the property identified herein.
This request does include a delineation.
I am requesting that the Corps provide a preliminary JD for the property identified herein.
This request does NOT include a delineation.
❑ I am requesting that the Corps investigate the property/project area for the presence or
absence of WOUS5 and provide an approved JD for the property identified herein. This
request does NOT include a request for a verified delineation.
❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project
area and provide an approved JD (this may or may not include a survey plat).
❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted
by others) on a property/project area and provide an approved JD (may or may not
include a survey plat).
4 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
5 Waters of the United States
Version: December 2013 Page 4
F.
❑✓
0
G.
Jurisdictional Determination Request
ALL REQUESTS
Map of Property or Project Area (attached). This Map must clearly depict the boundaries
of the area of evaluation.
Size of Property or Project Area - 26
acres
I verify that the property (or project) boundaries have recently been surveyed and marked
by a licensed land surveyor OR are otherwise clearly marked or distinguishable.
JD REQUESTS FROM CONSULTANTS OR AGENCIES
(1) Preliminary JD Requests:
❑✓ Completed and signed Preliminary Jurisdictional Determination Form6.
�✓ Project Coordinates: 36.298305
Latitude-78.837023
Maps (no larger than I lxl7) with Project Boundary Overlay:
Longitude
❑� Large and small scale maps that depict, at minimum: streets, intersections, towns
❑✓ Aerial Photography of the project area
�✓ USGS Topographic Map
❑✓ Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008
Version: December 2013 Page 5
Jurisdictional Determination Request
Delineation Information (when applicable):
Wetlands:
❑� Wetland Data Sheets 8
❑✓ Upland Data Sheets
❑✓ Landscape Photos, if taken
Tributaries:
❑ USACE Assessment Forms
❑ Other Assessment Forms
(when appropriate)
❑ Field Sketch overlain on legible Map that includes:
■ All aquatic resources (for sites with multiple resources, label and identify)
■ Locations of wetland data points and/or tributary assessment reaches
■ Locations of photo stations
■ Approximate acreage/linear footage of aquatic resources
(2) Approved JDs including Verification of a Delineation:
❑ Project Coordinates:
Latitude
Longitude
Maps (no larger than I Ix17) with Project Boundary Overlay:
❑ Large and small scale maps that depict, at minimum: streets, intersections, towns
❑ Aerial Photography of the project area
❑ USGS Topographic Map
❑ Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan,
previous delineation maps)
1987 Manual Regional Supplements and Data forms can be found at:
http://www.usace.army.miI/Missions/CivilWorks/RegulatoryProgramandPermits/reg supp.aspx
Wetland and Stream Assessment Methodologies can be found at:
http://portal.ncdenr.org/c/document library/get file?uuid=76f3c58b-dab8-4960-ba43-45b7faf06f4c&groupld=38364 and,
http://www.saw.usace.army.mil/Portals/59/docs/regulatory/publicnotices/2013/NCSAM Draft User Manual 130318.pdf
8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Version: December 2013 Page 6
ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Joey Lawler, PWS
2016 Ayrsley Town Blvd., Suite 2-A Charlotte, North Carolina 28273
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Raleigh Regulatory Field Office
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
DENC Person County Pipeline Project
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC
County/parish/borough: Person
City: Rougemont
Center coordinates of site (lat/long in degree decimal format):
Lat. 36.298305 °N; Long.-78.837023
Universal Transverse Mercator:
oW
Name of nearest waterbody: Rock Fork Branch
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
288 linear feet: - 4.5 width (ft) and/or 0.029 acres.
Cowardin Class: Not applicable.
Stream Flow: Intermittent, Perennial
Wetlands: 0.272 acres.
Cowardin Class: PFO/PEM
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: Not applicable.
Non -Tidal: Not applicable.
1
E
REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑✓ Office (Desk) Determination. Date: September, October
❑✓ Field Determination. Date(s): September 29, October 1, 18-19, 202 & March 9, 2022
SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: The site is depicted on attached exhibits prepared by S&ME.
❑✓ Data sheets prepared/submitted by or on behalf of the
applicant/consultant.
❑✓ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas: HA 730-G, 1990
✓❑ USGS NHD data
❑ ✓ USGS 8 and 12 digit HUC maps
✓❑ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Moriah, NC
❑✓ USDA Natural Resources Conservation Service Soil Survey.
Citation: Person County, 1995
❑✓ National wetlands inventory map(s). Cite name: uSFwS Nwi
❑ State/Local wetland inventory map(s):
■
FEMA/FIRM maps: 3720094200K (06/04/2007)
100-year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
✓❑ Photographs: ❑✓ Aerial (Name & Date): NC OneMap, 2017
❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
or
❑✓ Other Information (please specify): Person County LiDAR data (NC Spatial Data Download)
2
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre -construction notification" (PCN), or requests verification for a non -reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
See Agent Authorization Form
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)
E
LIST OF AQUATIC RESOURCES IN REVIEW AREA
Tributaries
Estimated amount
Geographic Authorty
of aquatic
Type of Aquatic
to which
Site Number
Latitude
Longitude
Watershed
resource in review area
Resource
the Aquatic Resource
(If)
"May Be" Subiect
Non -Wetland
SA
36.3071
-78.8257
54
Section 404/401
Tar -Pamlico
Water (Stream)
Non -Wetland
Sc
36.2984
-78.8398
66
Section 404/401
Tar -Pamlico
Water (Stream)
Non-Wetland
SG
36.2953
78.8577
52
Section 404/401
Neuse
Water(Stream)
Non -Wetland
SM
36.2879
-78.8576
58
Section 404/401
Tar -Pamlico
Water (Stream)
Non-Wetland
SN
36.284
78.8577
52
Section 404/401
Neuse
Water(Stream)
Wetlands
WA
36.3108
-78.8248
0.067
Wetland
Section 404/401
Tar -Pamlico
WB
36.3027
-78.8299
0.050
Wetland
Section 404/401
Tar -Pamlico
WCC
36.3095
-78.8251
0.032
Wetland
Section 404/401
Tar -Pamlico
WR
36.2878
-78.8573
0.116
Wetland
Section 404/401
Tar -Pamlico
WQ
36.2911
-78.8565
0.005
Wetland
Section 404/401
Tar -Pamlico
WG
36.2992
-78.8466
0.027
Wetland
Section 404/401
Tar -Pamlico
WI
36.2986
-78.857
0.001
Wetland
Section 404/401
Neuse
WK
36.2947
-78.8572
0.008
Wetland
Section 404/401
Neuse
WM
36.2911
-78.8565
0.005
Wetland
Section 404/401
Neuse
WN
36.2878
-78.8573
0.017
Wetland
Section 404/401
Tar -Pamlico
WP
36.2985
-78.84
0.052
Wetland
Section 404/401
Neuse
Revised Impact Tables
Table 1. Revised Summary of Wetland Impacts
ID
WA
NCWAM Wetland Type
Herbaceous headwater wetland
Perm Conversion
ImpactsWetland
0.000
Temporary
..
Impacts
0.067
WB
Forested basin wetland
0.034
0.016
WCC
Forested headwater wetland
0.018
0.014
WQ
Forested headwater wetland
0.005
0.000
WR
Herbaceous headwater wetland
0.000
0.116
WG
Forested headwater wetland
0.022
0.005
WI
Forested basin wetland
0.001
0.000
WK
Forested headwater wetland
0.005
0.003
WM
Forested headwater wetland
0.001
0.004
WN
Forested headwater wetland
0.008
0.009
WP Forested headwater wetland.
TOTAL
0.031
0.021
0.125
0.255
Table 2: Summary of Delineated Stream Impacts
Stream ID
SA
Flow Regime
Perennial
Feature Description
UT to Cub
Buffered?
Yes
Impacts
54
Impacts
0.006
SE
Perennial
UT to Cub Creek
Yes
66
0.007
SG
Intermittent
UT to Rock Fork Branch
Yes
52
0.005
SM
Perennial
UT To Cub Creek
Yes
58
0.006
SN
Perennial
UT to Rock Fork Branch
Yes
52
0.005
TOTAL
282
0.029
i ante j: icevisea
SA
summary
Tar -Pamlico
or stream isurrer impacts
ImpactsImpacts
TemporaryPermanent
1881 1239
.o
1260 1281
SC
Tar -Pamlico
1689
1220
1329
989
SF
Tar -Pamlico
0
0
1722
1491
SG
Neuse
1889
1230
1264
820
SK
Tar -Pamlico
0
0
0
430
SM
Tar -Pamlico
1953
1285
1212
6186
932
712
SN Neuse
TOTAL
1814
9226
1209
7706
806
6529
Revised Mitigation Table
REVISED WETLAND MITIGATION REQUIREMENT
DENC PERSON COUNTY PIPELINE PROJECT
REQUIRED WETLAND MITIGATION (1:1 RATIO FOR CONVERSION)
NEUSE 03020201
Wetland ID
"Mitigatable" Impacts (acre at 1:1)
W P
0.031
W 1
0.001
W K
0.005
W M
0.001
TOTALS
0.038
TAR-PAMLICO 03020101
Wetland ID
"Mitigatable" Impacts (acre at 1:1)
WA (Herbaceous - No conversion)
0.000
W B
0.034
WCC
0.018
WR (Herbaceous - No conversion)
0.000
WQ
0.005
WG
0.022
W N
0.008
TOTALI
0.087
NOTE: Because the width of the proposed permenant mainetance corridor has been reduced to 30 feet, all
crossings are "Deemed Allowable" and Riparian Buffer mitigation is no longer required.
Mitigation Credit Availability Letters
fires
EBX-Neuse I, LLC Stream and Wetland Banks
Statement of Availability February 25, 2022
U.S. Army Corps of Engineers
April Norton
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: DENC Person County Pipeline Project
This document confirms that Dominion Energy North Carolina (Applicant) for the DENC Person
County Pipeline Project (Project) has expressed an interest to utilize 0.66 Riparian Wetland
Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation
Bank, specifically 0.66 wetland credits from the Arrington Bridge III Site, all in the Neuse HUC
03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is
available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 919-209-1055 or astaley@res.us.
Best Regards,
Amy Staley
Credit Sales Manager
Resource Environmental Solutions, LLC
701. E Bay Street, Suite 306
Charleston, SC 29403
ROY COOPER
Covernar
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Bobby Ley, PE
Dominion Energy North Carolina
220 Operation Way, MC C221
Cayce, SC 29033
NORTH CAROLINA
EnvlronmenW Quality
March 2, 2022
Expiration of Acceptance: 9/2/2022
Project: DENC Person County Pipeline Project County: Person
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Tar -Pamlico
03020101
Riparian Buffer @ 3:1
Up to 9,266
Tar -Pamlico
03020101
Riparian Wetland
0.08
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly.Williams(a.ncdenr.gov.
Sincerely, Att,n� /I
�t�
FOR James. B Stanfill
Asset Management Supervisor
cc: Joey Lawler, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
EQ 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
ticsr- rnn:a NA
o+w�eni et r�wruemdnrtl �+ r r— 919.707.8976