20140090 All Versions_Corps of Engineer Correspondence_20160129

U.S. ARMY CORPS OF ElVGII�TEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-02653 County: Forsvth U.S.G.S. Quad: NC-WALKERTOWN
GENERAL PERIVIIT (REGIOI�TAL AIVD I�TA'I'IOI�iWIDE) VERIFICATIOI�
Permittee: Piedmont Natural Gas Companv
Jason Brown
Address: 4720 Piedmont Row Drive
Charlotte, NC, 28210
Telephone Number: 704 731-4681
Size (acres) 4.2 Nearest Town Walliertown
Nearest Waterway Frazier Creelc River Basin Upper Yadlcin
USGS HCTC 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 Creelc, southwest of Wallcertown, in Forsyth County, North Carolina.
Description ofprojects area and activity: The existin� line 10-inch line will remain in service uutil the relocated qipe 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 nlacement is exnected to avera�e about 500 to 1,000 ft of line per dav. The trench will
avera�e between 3 and 4 feet in denth, so lar�e construction equiipment will not be required. Tvuical 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 671inear feet of temporary sh�eam channel impacts and 0.03 acre of pei�nanent (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 Northein Beltway; Section C). Therefore any impacts
associated with this utility relocation are secondaiy to the referenced NCDOT project TIP U-2579 and will be included as cumulative
unpacts to the jurisdictional waters impacts assoeiated 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 (Riveis and Harbors Act, 33 USC 403)
Authorization: Regional General Pei7nit Number or Nationwide Pennit Number: NWP 12 Utilitv Line Activities.
SEEATTACHED RGP of• NWP GENERAL, REGIO�VAL AND SPECIAL CONDITIONS
Your worlc 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 identiiied below unless the nationwide authorization is modiiied,
suspended or revolced. 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 ar 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 peimit's expn•ation, 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 [phone]) to determine Section 401 requi�ements.
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 Marehead City, NC, at [phone].

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
program, please contact John Thoma
Corps Regulatory Official:
Expiration Date of Verific�
verification, any of the conditions of the Pet•mit, or the Corps of Engineers regulatoiy
Date: Ol/29/2016
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 Regulatoiy 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 fiom the date of this
notiiication.
C. � There are waters of the US and/or wetlands within the above described project area subject to the permit requu•ements 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 fiom 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 Creelc which flows to the Yadin River and on to the
Atlantic Ocean.
Remarlcs: 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.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the lunits of Corps' Clean Water Act jurisdiction for the pai�ticular site
identified in this request. The delineation/determination inay not be valid for the wetland conservation provisions of the Food Sec�uity
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a cei�tiiied wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals InfoPmaiion (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This con•espondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an adminisri�ative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notiiication 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 Anny Corps of Engineers
South Atlantic Division

SAW-2015-02653
Attn: Jason Steele, Review Offcer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Coips, 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�teceived at the above address by 3/29/2016.
'�*It is not necessary to submit an RF� 9rm to the Divisio�Office if you do not object to the determination in this con�espondence.�'�
Corps Regulatory Ofiicial:
Thomas
Date of JD: Ol/29/2016
Expiration Date of JD: 3/18/2017
The V�ilmington District is committed to providing the highest level of support to the public. To help us ensure we
contirlue to do so, please complete our customer Satisfaction Sur•vey online at http:/h•e _ ug latoi�y.usacesurvev.com/.
Copy fiunished:
Agent: Kleinfelder Inc
Amv James
Address: 3500 Gatewav Centre Blvd
Suite 200
Morrisville, NC, 27560
Telephone Number:
James Mason (NCDOT-PDEA-Natural Environment Section), 1598 Mail Service Center, Raleigh , NC 27560