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.
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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