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HomeMy WebLinkAbout20190432 Ver 1_USACE Permit_20190621U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2018-02075 County: Guilford U.S.G.S. Quad: NC -Pleasant Garden GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Piedmont Natural Gas Attn: David Vena Address: 4720 Piedmont Row Rive Charlotte, NC 28210 Size (acres) -60 Nearest Town Pleasant Garden Nearest Waterway Little Alamance Creek River Basin Cape Fear USGS HUC 03030002/03030003 Coordinates 35.941053, -79.764246 to 35.988985, -79.777362 Location description: The proiect area includes an approximately 50 -foot wide corridor beginning near the intersection of Hunt Road and Joy Ridge Road (35.941053, -79.764246), running generally north to gust south of the intersection of Ritters Lake Road and Pleasant Garden Road (35.988985, -79.777362), in Pleasant Garden, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the construction of the Piedmont Natural Gas - Pleasant Garden Road 12" Looping Prosect (Line 450), including approximately 5.1 miles of 12" natural gas pipeline, consisting of 27 distinct crossings (protects): 1) Site 1 (Wetland 25) requires the temporary discharge of dredged or fill material into a total of 0.12 acre of wetlands [Impact # W1(P) and W2(T)lfor pipeline construction access and installation, including the permanent conversion of 0.04 acre from forested to herbaceous wetlands; 2) Site 2 (Wetland 28) requires the temporary discharge of dredged or fill material into a total of 0.009 acre of wetlands [Impact # WNP)1 for pipeline construction access and installation, including the permanent conversion of all 0.009 acre from forested to herbaceous wetlands; 3) Site 3 (Wetland 27) requires the temporary discharge of dredged or fill material into a total of 0.02 acre of wetlands [Impact # W4(P) and W5(T)l for pipeline construction access and installation, including the permanent conversion of 0.01 acre from forested to herbaceous wetlands; 4) Site 4 (Wetland 26) requires the temporary discharge of dredged or fill material into a total of 0.07 acre of wetlands [Impact # W6(P) and W7(T)l for pipeline construction access and installation, including the permanent conversion of 0.04 acre from forested to herbaceous wetlands; 5) Site 5 (Streams 17 and 18) requires the temporary discharge of dredged or fill material into a total of 81 linear feet of stream channel [Impact # Sl(T) and S2(T)l for pipeline construction access and installation; 6) Site 6 (Wetlands 17 and 18) requires the temporary discharge of dredged or fill material into a total of 0.39 acre of wetlands [Impact # W8(P), W9(T), W10(P), and WII(T)l for pipeline construction access and installation, including the permanent conversion of 0.17 acre from forested to herbaceous wetlands; 7) Site 7 (Wetland 16) requires the temporary discharge of dredged or fill material into a total of 0.03 acre of wetlands [Impact # W12(P), W13(T)l for pipeline construction access and installation, including the permanent conversion of 0.01 acre from forested to herbaceous wetlands: 8) Site 8 (Wetland 15) requires the temporary discharge of dredged or fill material into a total of 0.016 acre of wetlands [Impact # W14(P), W15(T)l for pipeline construction access and installation, including the permanent conversion of 0.01 acre from forested to herbaceous wetlands; 9) Site 9 (Stream 16) requires the temporary discharge of dredged or fill material into a total of 58 linear feet of stream channel [Impact # S3(T)1 for pipeline construction access and installation; 10) Site 10 (Wetlands 12 and 13, Stream 15) requires the temporary discharge of dredged or fill material into a total of 0.18 acre of wetlands [Impact # W16(T), W17(T), W18(P)l and 107 linear feet of stream channel [Impact # S4(T)1 for pipeline construction access and installation, including the permanent conversion of 0.07 acre from forested to herbaceous wetlands; 11) Site 11 (Stream 13) requires the temporary discharge of dredged or fill material into a total of 64 linear feet of stream channel [Impact # S5(T)l for pipeline construction access and installation; 12) Site 12 (Stream 10) requires the temporary discharge of dredged or fill material into a total of 57 linear feet of stream channel [Impact # S6(T)1 for pipeline construction access and installation; 13) Site 13 (Wetland 9) requires the temporary discharge of dredged or fill material into a total of 0.16 acre of wetlands [Impact # W19(P), W20(T)l for pipeline construction access and installation, including the permanent conversion of 0.07 acre from forested to herbaceous wetlands; 14) Site 14 (Wetland 8, Stream 9) requires the temporary discharge of dredged or fill material into a total of 0.04 acre of wetlands [impact # W21(P), W22(T)] and 55 linear feet of stream channel [Impact # S7(T)] for pipeline construction access and installation, including the permanent conversion of 0.01 acre from forested to herbaceous wetlands; 15) Site 15 (Wetland 7, Stream 21) requires the temporary discharge of dredged or fill material into a total of 0.03 acre of wetlands [Impact # W23(T)] and 53 linear feet of stream channel [Impact # S8(T)] for pipeline construction access and installation; 16) Site 16 (Wetland 6) requires the temporary discharge of dredged or fill material into a total of 0.02 acre of wetlands [Impact # W24(T)] for pipeline construction access and installation; 17) Site 17 (Wetland 4) requires the temporary discharge of dredged or fill material into a total of 0.03 acre of wetlands [Impact # W25(T)l for pipeline construction access and installation; 18) Site 18 (Stream 8) requires the temporary discharge of dredged or fill material into a total of 53 linear feet of stream channel [Impact # S9(T)] for pipeline construction access and installation; 19) Site 19 (Stream 7) requires the temporary discharge of dredged or fill material into a total of 53 linear feet of stream channel [Impact # S10(T)] for pipeline construction access and installation; 20) Site 20 (Wetland 3) requires the temporary discharge of dredged or fill material into a total of 0.09 acre of wetlands [Impact # W26(P), W27(T), W28(P), and W29(T)] for pipeline construction access and installation, including the permanent conversion of 0.04 acre from forested to herbaceous wetlands; 21) Site 21 (Stream 3) requires the temporary discharge of dredged or fill material into a total of 55 linear feet of stream channel [Impact # S1 IMI for pipeline construction access and installation; 22) Site 22 (Stream 2) requires the temporary discharge of dredged or fill material into a total of 54 linear feet of stream channel [Impact # S12(T)] for pipeline construction access and installation; 23) Site 23 (Wetland 19) requires the temporary discharge of dredged or fill material into a total of 0.009 acre of wetlands [Impact # W30(T)] for a temporary timber mat road for pipeline construction access; 24) Site 24 (Wetland 17A) requires the permanent discharge of dredged or fill material into a total of 0.04 acre of wetlands [Impact # W31(T)] for permanent improvements to an existing dirt logging road for pipeline construction access; 25) Site 25 (Wetland 2A) requires the temporary discharge of dredged or fill material into a total of 0.1 acre of wetlands [Impact # W32(T)] for a temporary timber mat road for pipeline construction access; 26) Site 26 (Stream 20) requires the permanent discharge of dredged or fill material into 19 linear feet of stream channel [Impact # S13(P)l and the temporary discharge of fill material into a 30 linear feet of stream channel [Impact # S14(T)1 for replacement of an existing culvert necessary for pipeline construction access; 27) Site 27 (Stream 21) requires the temporary discharge of dredged or fill material into a total of 31 linear feet of stream channel [Impact # S15(T)] for anode bed construction access and installation. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 12. Utility Line Activities SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 4/4/2019, and additional information received 5/7/2019, 6/7/2019, and 6/14/2019, and the enclosed plans "Pleasant Garden Road 12" Looping Project", Drawing Numbers PNG G-330-0001000, PNG G-330- 0001001, PNG C-330-0001000 through PNG C-330-0001020, PNG C-330-0001030 through PNG C-330-0001035, PNG C-330- 0001040, and PNG C-330-0001041. 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. 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. 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 E. Bailey at 919-554-4884 extension 30 or David.E.Bai1ev2(&usace.armv.mil. Corps Regulatory Official: Expiration Date of Verification: 03/18/2022 Digitally signed by BAILEY.DAVID.E.1379283736 Date: 2019.06.21 10:30:40 -04'00' Date: 6/21/2019 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 the Customer Satisfaction Survey located at http://coipsmapu.usace.g.M.mil/cm apex/Pp=136:4:0. Copy furnished: Eric Mularski, HDR, 440 S. Church Street, Charlotte, NC 28202 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 SPECIAL CONDITIONS 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Forms. The requirements of these forms, including any special conditions listed on the forms, are hereby incorporated as special conditions of this permit authorization. 2. Temporary discharge of excavated or fill material into wetlands and streams will be for the absolute minimum period of time necessary to accomplish the work, and such authorized crossings will be restored per the following: a. All authorized temporary wetland impacts will be returned to pre -disturbance grade and contour and re -vegetated per "Pleasant Garden Road 12" Looping Project", Drawing Number PNG C-330- 0001034, Wetland Crossing Detail — Open Trench. Seeding of disturbed wetland areas must be done using "NC Piedmont FACW Mix (ERNMX-308) (20 lbs/acre)" (per your email dated 5/7/2019) or equivalent seeding of native wetland species appropriate for this ecoregion. In wetland areas where pipeline installation via trenching is authorized, wetland topsoil must be segregated from the underlying subsoil, and the top 6 to 12 inches of the trench must be backfilled with topsoil from the trench. b. All authorized temporary stream impacts will be returned to pre -disturbance grade and contour, stabilized per "Pleasant Garden Road 12" Looping Project", Drawing Number PNG C-330- 0001034, Detail ES -2. Seeding of stream banks in these areas must be done using "NC Piedmont Riparian Mix - (ERNMX-307) (20 lbs/acre)" (per your email dated 5/7/2019) or equivalent seeding of native riparian species appropriate for this ecoregion. 3. The permittee shall use a contracted environmental compliance officer(s) who will remain on-site throughout the construction period. This individual will ensure compliance with all general and specific Department of the Army and North Carolina Division of Water Resources permit conditions and certifications. Once construction begins within crossings subject to this authorization, compliance reports must be submitted to the Corps of Engineers, Raleigh Regulatory Field Office and North Carolina Division of Water Resources on a bi-weekly basis, until construction within these areas is complete. r Corps Regulatory Official: Gy— Date: 6/21/2019 Expiration Date of Verification: 03/18/2022 Compensatory Mitigation Responsibility Transfer Form Permittee: Piedmont Natural Gas, Attn: David Vena Action ID: SAW -2018-02075 Project Name: Piedmont Natural Gas / Line 450 / Pleasant Garden Looping County: Guilford Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm CoolCold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal Coastal 0.31 0.31 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.31 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. acceptance letter identifies a specific site, also list the specific site to be debited). For NCDMS, list NCDMS. If the NCDMS Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 5/7/2019 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugweH@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David E. Bailey USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: David.E.Bailey2@usace.army.mil 6/21/2019 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil Compensatory Mitigation Responsibility Transfer Form Permittee: Piedmont Natural Gas, Attn: David Vena Action ID: SAW -2018-02075 Project Name: Piedmont Natural Gas / Line 450 / Pleasant Garden Looping County: Guilford Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030003, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal Coastal 0.209 0.249 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030003, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.249 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. acceptance letter identifies a specific site, also list the specific site to be debited). For NCDMS, list NCDMS. If the NCDMS Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 5/7/2019 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugweH@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David E. Bailey USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: David.E.Bailey2@usace.army.mil USACE Project Manager Signature 6/21/2019 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil SAW -2018-02075 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. ❑ 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. ❑ There are waters including wetlands, 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. ❑ Please reference the Approved Jurisdictional Determination issued. Action ID: Basis For Determination: See the Preliminary Jurisdictional Determination form dated 6/21/2019. Remarks: The updated maps showing the verified extent of potential waters of the US in the project area were submitted by Eric Mularski (HDR) via e-mail on 2/12/2019, and revised Figure 6B submitted on 5/7/2019. 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 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 10M 15 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 Notapplicable . **It is not necessary to submit an RFA form to the Division Of to the determination in this correspondence.** r Corps Regulatory Official: Gym David E. Bailev Date of JD: 6/21/2019 Expiration Date of JD: Not applicable SAW -2018-02075 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Piedmont Natural Gas Attn: David Vena File Number: SAW -2018-02075 Date: 6/21/2019 Attached is: See Section below LAPPROVED PROFFERED PERMIT Standard Permit or Letter of ermission A RED PERMIT Standard Permit or Letter of ermission B DENIAL C JURISDICTIONAL DETERMINATION D I NARY JU t � �DICTIONAL DF � TNATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or htip://www.usace.army.mil/Missions/CivilWorks/Regulatory ProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or 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 terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II 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 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. • 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 11 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 Il 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. SAW -2018-02075 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 INITIAL 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 Corps 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 Mr. Jason Steele, Administrative Appeal Review Officer Attn: David E. Bailey CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M 15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 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 opportunit 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 E. 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 -2018-02075 County: Guilford Permittee: Piedmont Natural Gas (Attn: David Vena) Project Name: Piedmont Natural Gas / Line 450 / Pleasant Garden Looping Date Verification Issued: 6/21/2019 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 WILMINGTON DISTRICT Attn: David E. Bailey Raleigh Regulatory Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2 @usace.army.mil 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