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HomeMy WebLinkAbout20160017 Ver 1_USACE Permit_20160129U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2015-02653 County: Forsyth U.S.G.S. Quad: NC-WALKERTOWN GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Piedmont Natural Gas Company Jason Brown Address: 4720 Piedmont Row Drive Charlotte, NC, 28210 Telephone Number: 704 731-4681 Size (acres) 4.2 Nearest Town Walkertown Nearest Waterway Frazier Creels River Basin Upper Yadkin USGS HUC 03040101 Coordinates Latitude: 36.15486 Longitude: -80.17663 Location description: Piedmont Natural Gas Company new gas line easement located off of New Wallcertown Road, adjacnet to tributaries of Frazier Creels, southwest of Wallcertown, in Forsyth County, North Carolina. Description of projects area and activity: The existing line 10 -inch line will remain in service until the relocated pipe comes on- line. The new line will also be 10 inches in diameter. While PNG will control a 50 -ft wide easement, it is expected that not all of this width will be disturbed. Line placement is expected to average about 500 to 1,000 ft of line per day. The trench will averase between 3 and 4 feet in depth, so large construction eauiipment will not be required. Typical construction vehicles will include trench excavators and back -hoes. Mechanized land clearing, excavation, and the discharge of fill material associated with relocation of a 10 inch gas pipeline resulting in 67 linear feet of temporary stream channel impacts and 0.03 acre of permanent (land clearing) jurisdictional wetland impacts to the jurisdictional waters of Frazier Creek. Special Condition: Applicants stated purpose and need for this project states that the proposed utility relocation is necessary because of easement conflict with NCDOT project TIP U-2579 (Winston-Salem Northern Beltway; Section C). Therefore any impacts associated with this utility relocation are secondary to the referenced NCDOT project TIP U-2579 and will be included as cumulative impacts to the jurisdictional waters impacts associated with the Department of the Army permit review for this identified NCDOT road project. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 12 Utility Line Activities. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 12/29/2015. 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 authorization is modified, suspended or revoked. If, prior to the expiration date 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 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 permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide 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 Quality (telephone 919-807-6300) 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 in Morehead City, NC, at (252) 808-2808. SAW -2015-02653 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 John Thomas a 919-554-48$4 x25 or John.T.Thomas.JR(a usace.army.mil. Corps Regulatory Official: klAfJ Date: 01/29/2016 Expiration Date of Verificatio 03/18/2017 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ 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 and Section 404 of the Clean Water Act. 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. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: Site includes tributaries of Frazier Creels which flows to the Yadin River and on to the Atlantic Ocean. Remarks: Applicants stated purpose and need for this project states that the proposed utility relocation is necessary because of easement conflict with NCDOT project TIP U-2579 (Winston-Salem Northern Beltway; Section Q. Therefore any impacts associated with this utility relocation are secondary to the referenced NCDOT project TIP U-2579 and will be included as cumulative impacts to the jurisdictional waters impacts associated with the Department of the Army permit review for this identified NCDOT road project. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination 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 request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division SAW -2015-02653 Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has b n received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must b/received at the above address by 3/29/2016. "It is not necessary to submit an RFA 9rm to the Divisiog'Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Thomas Date of JD: 01/29/2016 Expiration Date of JD: 3/18/2017 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 our customer Satisfaction Survey online at http://re _ ug latoiy.usacesurvey.com/. Copy furnished: Agent: Kleinfelder Inc Amy James Address: 3500 Gateway Centre Blvd Suite 200 Morrisville, NC, 27560 Telephone Number: James Mason (NCDOT-PDEA-Natural Environment Section), 1598 Mail Service Center, Raleigh, NC 27560