HomeMy WebLinkAbout20190317 Ver 1_PCN Form Submission_20190308DXR -,,
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Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r, Yes
r, No
Is this project a public transportation project?*
O Yes O No
Change only if needed.
BIMS # Assigned*
20190317
Is a payment required for this project?
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Chad Turlington:eads\ccturlington
Information for Initial Review
1a. Name of project:
Robeson LNG Project (formerly named Carolinas LNG Project)
1a. Who is the Primary Contact?*
Rex Sears
1 b. Primary Contact Email:*
rexsears@duke-energy.com
Date Submitted
3/8/2019
Nearest Body of Water
Gum Swamp
Basin
Lumber
Water Classification
C
Site Coordinates
Latitude:
34.801961
Longitude:
-79.277708
Version#*
1
Reviewing Office*
Fayetteville Regional Office - (910) 433-3300
1c. Primary Contact Phone:*
(704)731-4427
A. Processing Information W
County (or Counties) where the project is located:
Robeson
Is this project a public transportation project?*
O Yes r No
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r- Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (MNP)
r- Regional General Permit (RGP)
r- Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
C Yes C No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
39 - Commercial/Institutional Developments
1d. Type(s) of approval sought from the DWR:
V 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express
r Non -404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
1e. Is this notification solely for the record because written approval is not required?
For the record onlyfor DWR 401 Certification: C Yes C No
For the record only for Corps Permit: C Yes C No
1f. Is this an after -the -fact permit application?*
C Yes C No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C Yes C No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C Yes C No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
C Yes C No
1j. Is the project located in a designated trout watershed?
C Yes C No
B. Applicant Information C^)
1d. Who is applying for the permit?
m Owner [7 Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
C Yes C No
2. Owner Information
2a. Name(s) on recorded deed:
Piedmont Natural Gas Co Inc
2b. Deed book and page no.:
01695/0485
2c. Responsible party:
2d. Address
Street Address
PO Box 33068
Address Line 2
Oty
Charlotte
Postal / Zip Code
28233
2e. Telephone Number:
(704)731-4427
2g. Email Address:*
rexsears@duke-energy.com
3. Applicant Information (if different from owner)
3a. Name:
Michael Wolfe
State / Rwince / Fbglan
North Carolina
Country
USA
2f. Fax Number:
3b. Business Name:
ERM
3c.Address
Street Address
121 W. Trade Street Suite 2320
Address line 2
ay
Charlotte
Postal / Zip Code
28202
3d. Telephone Number:
(980)297-7270
3f. Email Address:*
michael.violfe@erm.com
Sate / Ro✓ince / Fegion
NC
Country
USA
3e. Fax Number:
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(t appropriate)
1c. Nearest municipality/ town:
Maxton
2. Project Identification
2a. Property Identification Number:
931862842190
2c. Project Address
Street Address
Rev Bill Road
Address Line 2
aty
Maxton
Postal / Zip Code
28364
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Gum Swamp
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12 -digit HUC in which the project is located.
030402030302
4. Project Description and History
2b. Property size:
685
Sate / Ruvirce/ Rgglon
North Carolina
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
The Site is an approximately 685 -acre property most recently used for silvicultural practices. Much of the Site is currently cleared, open land with remaining forested portions of the Site
consist primarily of loblolly pine (Pinus taeda). The Site is located between two large swamp systems, Gum Swamp and Jordan Swamp. Elevations at the Site range between 210 to 215
feet above mean sea level (AMSL). Surface voter on the western portion of the Site generally slopes to west toward Gum Branch, while the eastern portion of the Site flows east to
Jordan Branch. Some areas of the Site are controlled by drainage ditches, which could affect flow in those areas.
The wider vicinity of the Project area is primarily a mix of pine plantations and agricultural lands, with some pockets of rural residential and small township development.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
O Yes d No O Unknown
4d. Attach an 81/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
_CLNG_CH IV_Figure_2_USGS_Topo.pdf 944.73KB
4e. Attach an 8 1/2X11 excerpt from the most recent version of the published CountyNRCS Soil Survey map depicting the project site. (for DWR)
_CLNG_CH—KI _Figure_4_USDA_Soil.pdf 826.65KB
4f. List the total estimated acreage of all existing wetlands on the property:
53.8
4g. List the total estimated linear feet of all existing streams on the property:
6311
4h. Explain the purpose of the proposed project:*
The proposed project is to construct a liquefied natural gas (LNG) peak shaving facility to better meet the demands of Piedmont Natural Gas (Piedmont) customers during peak usage
times.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The Project will include construction and installation of a 1.6 billion cubic foot (BCF) liquefied natural gas (LNG) peaking facility. Site development will cover approAmately 50 acres; the
remaining area of the property is not slated for construction. The facility will have the capacity to vaporize 260 million standard cubic feet per day (MMscfd) of natural gas and liquefy 10
MMscfd. The Project is to begin construction in May 2019 and begin operation of the facility in July 2021.
Construction earth grading will involve the use of common heavy equipment (e.g. excavators, dozers, scrapers).and will be in compliance with pertinent permits and regulatory
conditions. There will be relatively small (about 90 linear feet), direct impact to a low quality, intermittent stream by culverting for a road crossing. Indirect impacts to waters should be
minimal as Best Management Practices (BMPs) will be implemented during construction, and a facility stornmater management plan Will be in place for long term management of runoff
over impervious surfaces. Facility construction will be performed according to permits by licensed contractors (e.g., structural contractors, masons, electricians, plumbers).
4j. Please upload project drawings for the proposed project.
Carolinas LNG Project Site.pdf 454.87KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
O Yes O No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
O Preliminary O Approved O Not Verified O Unknown O WA
Corps AID Number:
SAW -2018-02320
Sc. If Sa is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Environmental Resources Management
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
The site was visited by Rachel Capito of the USACE on June 19, 2018. A Preliminary Jurisdictional Determination was signed by Gary Beecher on December 20, 2018.
Still. Jurisdictional determination upload
SAW-2018-02320.pdf 2.71 MB
6. Future Project Plans
6a. Is this a phased project?*
O Yes O No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
D. Proposed Impacts Inventory QJ
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
❑ Wetlands ® Streams -tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
3. Stream Impacts
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact*
ffS. name * 3e. Stream Type * 3f. Type of ]3g. S. width * 3h. Impact
(?) I Jurisdiction* length*
Access road Permanent Culvert S008 unnamed tributary to Intermittent Cors 6 78
51 ( rY P
Gum Swamp) Aver�e(feet) (Irfe�)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
78
31. Total stream and ditch impacts:
78
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Piedmont identified and evaluated a number of alternatives to the proposed Project. During the feasibility phase of the Project, National Wetland
Inventory (NWI) data and USGS stream data (National Hydrography Dataset) were used to provide a preliminary analysis of wetland and waterbody
resources at the proposed Site, and to assess where wetland impacts could be avoided or minimized by adjusting the Site location. Desktop reviews
were conducted to identify a study area and to map existing land uses and environmental features. Site visits were conducted to survey, study and
identify potential land impacts and alternatives. The chosen Site and layout was selected in an effort to avoid and minimize impacts to jurisdictional
waters to the extent practiable.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Piedmont will follow all permit conditions, will implement BMPs (e.g. silt fences), and will perform environmental inspections during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
O Yes G No
2b. If this project DOES NOT require Compensatory Mitigation, explain why -
The Project Will have only a minimal effect (ca. 78 feet) on a low quality stream. The impact, i.e. a culvert, will allowfor continued normal flowof the stream. And though not required as
compensatory mitigation, the discontinuation of the silvicultural land use of the property will result in the cessation of associated sedimentation impacts to stream. Furthermore, soils will
be better stabilized within the Project development footprint through vegetation plantings (ground cover, shrubs and trees) that will be associated with the project landscaping.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
O Yes G No
If no, explain why:
The Project will not result in impacts within the protected riparian buffer zones, and therefore no mitigation is required.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOTs Individual NPDES permit NCS000250?
O Yes G No
2b. Does this project meet the requirernents for low density projects as defined in 15A NCAC 02H .1003(2)?
O Yes G No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
O Yes G No
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters. *
O Stormwater Management G Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
FINAL Robeson LNG Stormwater Analysis Report _10-15-18.pdf
6.88MB
Comments:
As this notification to the DWR is a courtesy notification, given the minimal extent of impact, so it was not necessary to perform antidegradation calculations for the proposed built upon
area. However, a stormwater analysis was performed for the property in general; the related report is included for reference.
It should also be noted here that the site falls within the Fayetteville region within the North Carolina Department of Environmental Quality (NC DEQ). In a reviewof the NC DEQ
interactive Post -Construction Stormwater Permitting Map, this site does not require post construction stormwater management. Operators of oil and gas exploration, production,
processing, or treatment operations, or transmission facilities are not required to submit an NPDES permit application per the exclusion in 40 CFR §122.26(b)(14)(viii).
G. Supplementary Information u
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
O Yes O No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.11300), or DWR Surface Water or Wetiand Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
O Yes O No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
O Yes M No
3b. If you answered "no," provide a short narrative description.
The Project will not directly result in future development. it is intended to serve established energy needs of the service area during peak times in the
winter and summer. All future development would be independent of the proposed Project and would be subject to all applicable water quality
regulations.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
O Yes O No O WA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
O Yes d No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
O Yes 4 No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
O Yes A No
5e. Is this a DOT project located within Division's 1-8?
O Yes O No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
4 Yes d No
5g. Does this project involve bridge maintenance or removal?
C Yes O No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
C Yes d No
O Unknown
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
O Yes O No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Piedmont initially conducted a search using the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) website.
Additionally, scoping letters were sent to the USFWS Raleigh Ecological Field Services Office, to the North Carolina Natural Heritage Program, and to
the North Carolina Wildlife Resources Commission.
Consultation Documentation Upload
NCWRC Scoping_Robeson LNG Project_Robeson County.pdf
117.98KB
Robeson LNG scoping package _NCWRC_20180914.pdf
4.19MB
Robeson LNG—scoping package_USFWS_20180914.pdf
3.91 MB
Robeson LNG scoping package _NCNHP_20180914.pdf
4.19MB
NCNHP reply_20181019.pdf
3.14MB
2019-02-06 FWS Concurrence.pdf
179.98KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
d Yes 4 No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Piedmont conducted a search using the National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper website.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
O Yes O No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Initially, a field search was conducted for previously -identified historic resources, along with properties listed in or nominated for the NRHP, within a
one -mile buffer of the proposed Project. A literature and records search was completed by reviewing files maintained by the North Carolina State
Historic Preservation Office. Piedmont then conducted a Phase I historic architectural survey as due diligence to identify and evaluate historic
properties that might be affected by the Project.
Piedmont surveyed the parcel for archaeological resources, except for a 15 -acre exclusion zone between County Road 1316 and Gum Swamp where
no construction is planned. The entire 672 -acre survey area was subjected to a visual inspection and was supplemented by shovel tests.
7c. Historic or Prehistoric Information Upload
Robeson LNG Phase I Archaeology Survey Report FINAL 10-12-18.pdf 8.04MB
Robeson LNG Phase I Architecture Survey Report_rev 10-12-18.pdf 10.25MB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
d Yes d No
8c. What source(s) did you use to make the floodplain determination?*
Piedmont conducted a search using the FEMA National Flood Hazard Layer Viewer website.
Miscellaneous
Comments
The Project was initially called Carolinas LNG Project, but has since been changed to Robeson LNG. Please note that some of the attached reports refer to the name Carolinas LNG
Project.
Miscellaneous attachments not previously requested.
Signature
*
m By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Michael Wolfe
Signature
4 -?%'W1'
Date
3/8/2019
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION, PARCEL IDs:
2310-01-01302A, 2307-01-035, Robeson County, North Carolina
STREET ADDRESS: _680 Reverend Bill Road, Maxton, NC 28364
Property Owner: Piedmont Natural Gas, Inc.
The undersigned, designated Property Owner representative for the above listed property parcels,
does hereby authorize
Michael Wolfe , of Environmental Resources Management
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
the Pre -Construction Notification submittal.
Property Owner's Address (if different than property above):
4720 Piedmont Row Dr.
Charlotte, NC 28210
Telephone: (704) 731-4068
I hereby certify the above information submitted in this application is true and accurate to the
best of my knowledge.
Print Name: Bradley Patterson
Title: Proqram Director, LNG Proiects
Signature:
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2018-02320 County: Robeson County U.S.G.S. Quad: Wakulla
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Piedmont Natural Gas Company, Inc.
Attn: Victor Gaglio
Address: P.O. Box 33068
Charlotte, NC 28233
Telephone Number: (704) 731-4104
Size (acres) 685 acres Nearest Town Maxton, NC
Nearest Waterway Gum Swamp River Basin Lower Pee Dee
USGS HUC 03040203 Coordinates Latitude: 34.800699
Longitude: -79.276630
Location description: This 685 acre proiect is located along State Highway 71 and east of Reverend Bill Road in Maxton,
Robeson County, NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
X 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). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way y the permitted activity on the site as if they are jurisdictional waters of the U.S. 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.
_ There are wetlands on the above described property, 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). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property 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 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.
_ There are waters of the U.S., including wetlands, on 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.
Page 1 of 2
SAW -2018-02320
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . 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.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (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.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at (910) 251-4629 or
Gary.H.BeecherC&usace, army. mil.
C. Basis For Determination: This site exhibited wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and the Atlantic and Gulf Coastal Plain Regional Supplement.
D. Remarks: A site visit by Ms. Rachel Capito (USACE) was conducted on June 19, 2018.
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 for Approved Jurisdiction Determinations (as indicated in Section B. above)
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 1OM15
Atlanta, Georgia 30303-8801
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.
'DEQ 20� Zotg,
Corps Regulatory Official:
Gary H. Beecher
SAW -2018-02320
Date: December 20, 2018 Expiration Date: PJD does not expire
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, located online at
http:Hcorl2smapu.usace.army.mil/cm apex/Vp=136:4:0.
Copy Furnished via e-mail to:
Environmental Resources Management (ERM)
Attn: Troy Enright
295 Madison Avenue, Suite 8A
New York, NY 10017
(612)719-5832
Troy.enrightA erm.com
Duke Energy
Attn: Alicia DePalma
4720 Piedmont Row Drive
Charlotte, NC 28210
(704)731-4118
Alicia.depalma(a� duke -energy. com
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: December 20, 2018
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Troy Enright (Environmental Resources
Management), 295 Madison Avenue, Suite 8A, New York, NY 10017
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Piedmont Natural Gas (PNG 71)
SAW -2018-02320
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Robeson County City: Maxton
Center coordinates of site Qat/long in degree decimal format): Lat.: 34.8006990 Long.: -79.276630
Universal Transverse Mercator:
Name of nearest waterbody: Gum Swamp
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): June 19, 2018 by Ms. Rachel Capito (USACE)
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION.
• "Waters of the US table" located on the following page.
Waters Table for Robeson County LNG Facility (cross reference ERM Wetland Delineation Report, Robeson County LNG Facility - September 7, 2018)
Site
Number
Reference
Latitude
Point
Reference
Longitude
Point
Estimated amount of aquatic
resource in review area (acreage
and linear feet, if applicable)
Type of aquatic resource (i.e.,
wetland vs. non -wetland
waters)
Geographic authority to which the
aquatic resource "may be" subject (i.e.,
Section 404 or Section 10/404)
Wetland
w001f
34.79375 -79.28309 25.9 acres
PFO
Section 404
w002f
34.79344 -79.27335 4.8 acres
PFO
Section 404
w003e
34.80083 -79.28481 1.3 acres
PEM
Section 404
w004e
34.81029 -79.27655 12.8 acres
PEM
Section 404
w005e
34.80849 -79.27893 5.6 acres
PEM
Section 404
w006e
34.80435 -79.28046 3.4 acres
PEM
Section 404
Channel
s001
34.79305 -79.27318
420 linear feet
Wet ditch w/in a wetland
Section 404
s002
34.79673 -79.27344
2300 linear feet
Dry upland ditch
Section 404
s003
34.80114 -79.28544
1600 linear feet
Wet ditch (modified stream?)
Section 404
s004
34.80663 -79.27823
2130 linear feet
Dry, mostly upland, ditch
Section 404
s005
34.80421 -79.28043
150 linear feet
Dry, mostly upland, ditch
Section 404
(Note -there is no s006 feature)
s007
34.80033
-79.2822
1050 linear feet
Modified perennial stream
Section 404
s008
34.79734
-79.28151
2130 linear feet
Modified intermittent stream
Section 404
D001 (west
of lat/long)
34.79752
-79.27078
730 linear feet
Dry upland ditch
Section 404
D001 (east
of lat/long)
34.79752
-79.27078
613 linear feet
Wet upland ditch
Section 404
D002
34.79876
-79.271
961 linear feet
Wet upland ditch
Section 404
D002A
34.80062
-79.27127
404 linear feet
Dry upland ditch
Section 404
D002B
34.80278
-79.27168
1165 linear feet
Dry upland ditch
Section 404
D003 (west
of lat/long)
34.80025
-79.27254
2805 linear feet
Dry upland ditch
Section 404
D003 (east
of lat/long)
34.80025
-79.27254
439 linear feet
Wet upland ditch
Section 404
D004
34.80239
-79.27761
980 feet
Dry upland ditch
Section 404
D005
34.80194
-79.28174
375 feet
Dry upland ditch
Section 404
D006
34.79862
-79.28216
125 feet
Dry upland ditch
Section 404
D007
34.79874
-79.28073
710 feet
Dry upland ditch
Section 404
D008
34.79887
-79.27676
1500 feet
Dry upland ditch
Section 404
PFO = Palustrine Forested; PEM = Palustrine Emergent
>All Wetlands and Waters are potential Waters of the US (SAW -2018-02320)
MIS
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QProperty Boundary N
pWetland Figure 6
• Wetland/Upland Data Point 1:12,000 Wetland Delineation
Wet Channel (Stream or Ditch) Robeson LNG Facility
Dry Channel (Upland Ditch) 0 500 1,000 Robeson County, North Carolina
• Channel Data Point Feet ERM
MPLS M:\Clients\D-RDUMCLNG\_ArcGIS\2018\04\Wetland_Delineation_Report_Figures\_CLNG_CH_ N_Figure_6_ Isolated_ Wetlands_V2.mxd I REVISED: 11/07/2018 j SCALE: 1:12,000 DRAWN BY: GCC
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
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 AJD for the activity, the permit applicant is
hereby made aware that: (1) the permit applicant has elected to seek a permit authorization
based on a PJD, which does not make an official determination of jurisdictional aquatic
resources; (2) the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3) 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) 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) undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (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 PJD constitutes agreement that
all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives 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 AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, 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. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources
in the review area, or to provide an official delineation of jurisdictional aquatic resources in
the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Environmental Resources Management
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Environmental Resources Management
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps. Robeson County Regional Map
❑ U.S. Geological Survey map(s). Cite scale & quad name: Maxton
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Google Earth
or ®Other (Name & Date): Environmental Resources Management (3-14-2018)
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): Site visit by Ms. Rachel Capito (USACE) on June 19, 2018
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.
DEQ 20� ZutB
Signature qnd ilate of Regulatory
staff member completing PJD
Gary H. Beecher
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing
an action.
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Property Boundary N
� USDA Soils Figure 4
1:12,000 USDA Soil
Carolinas LNG Facility
o 500 1,000 Robeson County, North Carolina
Feet ERM
MPLS M:\Clients\D-F\DUK\CLNG\_Arc GIS\2018\04\Wetland Delineation_Report_Figu—\_CLNG CH IV_ Figure_3_ USDA_ Soil.—d REVISED: 04/16/2018 1 SCALE: 1:12,000 DRAWN BY: GCC
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Figure 2
1:12,000 USGS Topographic Map
Carolinas LNG Facility
o 500 1,00o Robeson County, North Carolina
Feet ERM
MPLS M:\Clients\D-F\DUK\CLNG\_AroGIS\2018\04\Wetland Delineation_Report_Figures\_CLNG CH IV_ Figure_ 2_USGS_Topo.mxd REVISED: 04/16/2018 1 SCALE: 1:12,000 DRAWN BY: GCC