HomeMy WebLinkAbout20240520 SAW-2024-00618 NWP 12 Notice of IntentDEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
S TATF.S OF
May 20, 2024
Regulatory Division
Action ID. SAW-2024-00618
Andrew Moore
Dominion Energy North Carolina
800 Gaston Road, Building A
Gastonia, North Carolina 28056
Dear Mr. Moore:
This is in response to a Pre -Construction Notification (PCN) SAW-2024-00618
received on March 20, 2024, and considered complete on May 9, 2024. In submitting
the PCN, you requested verification that the proposed project is authorized by a
Department of the Army (DA) Nationwide Permit (NWP).
The work affecting waters of the United States is part of an overall project known
as M-071 Kannapolis-Concord High Pressure Expansion Project. The activities in
waters of the United States include installation of a high-pressure natural gas pipeline to
service Cabarrus and Rowan counties. The proposed project involves impacts to 362
linear feet of temporary stream impacts, 0.681 acres of temporary wetland impacts, and
0.079 acres of permanent wetland impacts. The project is located in the Yadkin -Pee
Dee basin within portions of Enochville, Town of Landis, City of Kannapolis, Town of
China Grove, and City of Concord, in Cabarrus and Rowan Counties, North Carolina.
This letter is a provisional notification that your proposed project has been
reviewed under NWP Number 12. In accordance with 40 CFR Part 121 (401 Rule), the
Corps cannot take final action on the NWP verification request until the procedures
outlined in the 401 Rule for an individual Water Quality Certificate (WQC) have been
completed. Specifically, a Department of the Army (DA) permit or verification cannot be
issued until a Section 401 WQC has been either issued, waived, or denied.
Conditions of the Individual Section 401 WQC, will generally become conditions of
any final NWP verification letter. Should state action on the required WQC approve a
project different from that shown on the current application, a modification to the PCN
will be required. You should notify our office of any such changes as substantial
changes may require further evaluation.
As stated above, this is a provisional notification. This letter does NOT
provide Department of the Army (DA) authorization. You are cautioned that
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commencement of the proposed activity(ies) requested prior to receiving a written DA
authorization would constitute a violation of Federal laws and subject you to further
enforcement action. Receipt of a certification from the state (e.g., NC Division of Water
Resources and/or NC Division of Marine Fisheries) does not preclude the requirement
for obtaining DA authorization (e.g., an NWP/RGP verification letter) prior to
commencing the work.
In all future correspondence, please refer to file number SAW-2024-00618. A copy
of this letter is forwarded to State and/or Federal agencies for their information. If you
have any questions, please contact Amber Lipsky, at (704)962-6947, or by email at
Amber.L.Lipsky@usace.army.mil.
Sincerely,
-'�& L�V�
Amber Lipsky
Regulatory Specialist, Charlotte Field Office
Copies Furnished:
Joey Lawler, S&ME, Inc (via jlawler@smeinc.com)
Andrew Pitner, NCDEQ, (via andrew.pitner@deq.nc.gov)