HomeMy WebLinkAbout20161079 Ver 1_Corps of Engineer Correspondence_20161128t NC
Department of
Environmental Quality
Received
U.S. ARMY CORPS OF ENGINEERS DEC 0 1 2016
.=
WILMINGTON DISTRICT Winston-Salem
Action Id. SAW -2016-02226 County: Alamance/Guilford U.S.G.S. Quad: NC-GIBS0NVf1fflbDnal Office
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Piedmont Natural Gas Agent: S&ME, Inc.
Attn: Phillip Rumley Attn: Joey Lawler
Address: 116 Rainey Street Address: 9751 Southern Pine Blvd
Burlington, NC 27215 Charlotte, NC 28723
Size (acres) =9 Nearest Town Gibsonville/Burlinizton
Nearest Waterway Back Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.061251 N, -79.553939 W
Location description: The project area is a 25 -foot wide natural gas corridor located between Konica Drive (36.061601N, -
79.577639W) and Charlie Ingle Lane,(36.062127N,-79.53031IW), near Gibsonville and Burlington, Guilford and Alamance
Counties, North Carolina.
Description of projects area and activity: Install approximately 15,080 linear feet of 8 -inch diameter plastic natural gas pipeline
with, including six (6) distinct crossings (proiects):
l) Crossing 1 (Stream Impact S7) requires the temporary discharge of dredged material into 25 linear feet (0.004 acre)
of stream channel for gas line installation and maintenance access.
2) Crossing 2 (Stream Impact SO requires the temporary discharge of dredged material into 25 linear feet (0.004 acre)
of stream channel for gas line installation and maintenance access.
3) Crossing 3 (Stream Impact S5 and Wetland Impact WB) requires the temporary discharge of dredged material into
29 linear feet (0.003 acre) of stream channel and 0.015 acre of wetlands, including 0.012 acre of permanent conversion
from forested to herbaceous wetland, for gas line installation and maintenance access.
4) Crossing 4 (Stream Impact S4) requires the temporary discharge of dredged material into 56 linear feet (0.004 acre)
of stream channel for gas line installation and maintenance access.
5) Crossing 6 (Stream Impact S2B) requires the temporary discharge of dredged material into 31 linear feet (0.005 acre)
of stream channel for gas line installation and maintenance access.
6) Crossing 7 (Stream Impact S2A) requires the temporary discharge of dredged material into 38 linear feet (0.005 acre)
of stream channel for gas line installation and maintenance access.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑' Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: NWP 12 Utilitv Line Activities.
SEE ATTACHED 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 11/3/2016 (received 11/4/2016), and revised
information dated received 11/28/2016 via email. 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 Resources (telephone 919-807-6300) to determine Section 401 requirements.
01 ivrl
For aotivities'occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning;worl ,- ou must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808.
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 Bailey at 919-554-4884 or David.E.Bailey2(&usace.army.mil.
D191 ��.>1—DE,399=83,36
mmmr W�
Corps Regulatory Official: r ° ° °° Date: 11/28/2016
Expiration Date of Verification: 03/18/2017
Copy furnished:
CSue-Homewood,-NC-DEQ-DWR-450-w-Hanes Mill'Rd'Suite 300, Winston-Salem, NC 271'05
Special Conditions:
Temporary discharge of excavated or fill material into wetlands and waters of the United States will be
for the absolute minimum period of time necessary to accomplish the work. All authorized temporary
wetland impacts will be returned to pre -disturbance grade and contour, and re -vegetated as proposed in
the "Figures A -F" and the "Restoration Plan" section of the "Application for Nationwide Permit No.
12/WQC No. 3884/Buffer Authorization PNG Southern Alamance System Enhancement" letter and
attachments dated 11/3/2016 (received 11/4/2016). To the maximum extent practicable, in wetland areas
where trenching is involved for pipe installation, wetland topsoil will be segregated from the underlying
subsoil, and the top 6 to 12 inches of the trench will be backfilled with topsoil from the trench.
2. Stream Crossing 5 (Stream ID S3) will be installed using trenchless construction techniques, resulting in
no discharges of dredged or fill material into waters of the US.
Digitally signed by
' BAILEY.DAVID.E.1379283736
ou o—US. Government,
ou=DoD, DoD, ou PKI, ou=USA,
[n=BAILEY DAVID E.1379283736
Corps Regulatory Official: Date: 20i6.11.2813.39:2°-05'00' Date: 11/28/2016
Expiration Date of Verification: 03/18/2017
Determination of Jurisdiction:
A. ® 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.
B. El' 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). 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. F1'. There are waters 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). 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. 0The 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: The project area exhibits water bodies with indicators of ordinary high water marks and
wetland criteria as defined in the applicable regional supplement to the 1987 wetland delineation manual. The water bodies on
the site are listed on the attached table included in your "Request for Preliminary JD" package dated and received 10/6/2012
via email. This determination is based on an office verification by David E. Bailey (USACE) on 11/22/2016.
Remarks: The potential waters of the US in the reviewed corridor were flagged by S&ME. Inc. and are approximated on
Figures 8-13 of your "Request for Preliminary JD" package dated and received 10/6/2012 via email.
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 ('Phis information applies only to approved jurisdiction determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction 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
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OMI 5
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 been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by BAILEY.DAVID.E.1379283736
DN. c=US, o=U.S. Government, ou—DOD, ou=PKI,
ou U5A,cn=6AILEY.DAVID.E.1379283736
Corps Regulatory Official: Date: 2016.11.2813:39:47 -05'00'
David E. Bailey
Date of JD: 11/28/2016 Expiration Date of JD: N/A
The PVilmington District is committed to providing the highest level of support to the public. To help its ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http://co[psmapu.usace.army.mil/cm apex1f?p=136:4:0 to complete
the survey online.
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3:
N®TIICA ION ®F' �DMiNiS°T�RA VE AQP<PEAI. ®PTI®NS AND ROCESS AND
REQUEST FR APPEAL.
Applicant: Piedmont Natural Gas File Number: SAW -2016-02226 Date: 11/28/2016
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
Ell PROFFERED PERMIT Standard Permit or Letter ofpermission) B
M PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
NJ PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTIQN,I =The following identifies'y'our rights and options regarding ari administrative appeal of the above decision:
Additional information maybe found at or htp://www.usAce.army.miomi-ssions/CivilUVorks/Re zulato yProp-ramandPermits.aspx .
Additional
,.
or the Corps.regUlations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terns and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Pennit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section It of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
14
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
.SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN.f1N1T1AL;°PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Coips.may;,add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions_regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division, Attn:
Mr. Jason Steele, Administrative Appeal Review Officer
attn: David Bailey
CESAD-PDO
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street, Room 1OM15
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303-8801
Phone: 404 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, attn: David Bailey, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
Action ID Number: SAW -2016-02226 County: Alamance/Guilford
Permittee: Piedmont Natural Gas (attn.: Phillip Rumley)
Project Name: Piedmont Natural Gas / Southern Alamance System Enhancement / Alamance and
.Guilford County / Industrial
Date Verification Issued: 11/28/2016
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
WILMIN6YON DISTRICT
attn: David E. Bailey
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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