Loading...
HomeMy WebLinkAbout20190914 Ver 1_USACE NW 12_20190830U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2019-01397 County: Craven U.S.G.S. Quad: NC -Askin GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Duke Energy Progress, Inc. c/o Mr. Thomas Williams, Jr. Address: 410 South Wilmington Street Raleigh, North Carolina 27601 Telephone Number: 919-546-2354 E-mail: Thomas.WilliamsJRnn,duke-energv.com Size (acres) 8.62 Nearest Town New Bern Nearest Waterway Neuse River River Basin Neuse USGS HUC 03020202 Coordinates Latitude: 35.196386 Longitude: -77.055703 Location description: The proiect area is within an existing Duke Energy substation facility located at 3431 Hwy17, Bridgeton, NC, west of the terminus of Askins Brick Road and Hwv 17. The property is approximately 8.62 acres (Parcel Index Numbers: 2-043-050;2-043-075;2-043-074). Description of projects area and activity: This verification authorizes the permanent loss of 0.16 acres of wetlands, temporary impacts to 0.09 acres of wetlands, permanent loss of 125 linear feet of tributaries, and temporary impacts to 64 linear feet of tributaries. Impacts are associated with the expansion of an existing facility. 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 received 7/9/20191 additional information provided 8/19/2019, and the enclosed plans Wetland Impacts Exhibit dated 7/9/2019. 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 (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Emily B. Thompson at (910)251-4629or Emily.B.Thompson(&usace.armv.mil. Digitally signed by Billy W. Standridge, Billy W. Standridge, USACE Da[re2 Corps Regulatory Official: 019.08.3013:17:19-0a'00' Date: 8/30/2019 Expiration Date of Verification: 03/18/2022 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://corpsmapu.usace.army.mil/cm_apex/Pp=136:4:0 Copies furnished (via e-mail): Agent: Dewberry Ms. Beth Steffens Address: 2610 Wycliff Road, Suite 410 Raleigh, North Carolina 27607 Telephone Number: 984-232-6795 E-mail: esteffens(&dewberry.com Property Owner: Duke Energy Progress Inc. Mr. Brad Tripp Telephone Number: 919-546-2742 E-mail: Brad.TrippAduke-eneray.com SAW -2019-01397 SPECIAL CONDITIONS a. 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 Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Compensatory Mitigation Responsibility Transfer Form Permittee: Duke Energy Progress, Inc., c/o Mr. Thomas Williams, Jr. Action ID: SAW -2019-01397 Project Name: Bridgeton 115kV Substation County: Craven 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: 03020202, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal .32 .16 *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: 03020202, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal .32 Mitigation Site Debited: Neu -Con Wetland & Stream Umbrella Mitigation Bank — Casey King Site (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). 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 EBX-Neuse I, LLC, confirming they are willing and able to accept the applicants compensatory mitigation responsibility, dated 6/28/2019 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 j 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.tugwell@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: Emily B. Thompson USACE Field Office: Washington Regulatory Office US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 Email: Emily.B.Thompson@usace.army.mil Digitally signed by Billy Billy W. W. Standridge, USACE Standridge, USACE Date: 2019.08.30 13:20:22 -04'00' USACE Project Manager Signature 8/30/2019 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 Action ID Number: SAW -2019-01397 County: Craven Permittee: Duke Energy Progress, Inc., c/o Mr. Thomas Williams, Jr. Project Name: Bridgeton 115kV Substation Date Verification Issued: 8/30/2019 Project Manager: Emily B. Thompson 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: Emily B. Thompson Washington Regulatory Office U.S Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 or Emily.B.Thompson@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 A-� !� � T 1 I II 63 LINEAR FEET OF r\ INTERMITTENT STREAM IMPACTS. INTERMITTENT r STREAM TA I � I � I � J V 34 LINEAR FEET OF DAYLIGHTING OF— INTERMITTENT STREAM IA 62 LINEAR FEET OF INTERMITTENT STREAM IMPACTS. / �-- I — EPHEMERAL STREAM WETLANDS FLAGS - \ T-1 THRU / T=6 �l WA-�jT WA -2A - HORIZONTAL GRAPHIC SCALE 40 0 20 40 80 m OIL- ( IN FEET ) 1 inch = 40 ft. PERMANENT WETLAND IMPACTS (0.16 ACRES) TC -4 / J' IN, II WETZA/VOS FLAGS �\ Tc- 1 T//RU TC -4 WB - I 1 GROUNDING LINE DITCH, TYP. LEGEND ►1������I���j� 1 WETLANDS FLAGS W WA -2A RU WA -14A l PERMANENT WETLAND IMPACTS (WA -1) TEMPORARY WETLAND IMPACTS (WA -2) l TZANDFLAGS f 18" WIDE TRENCH IMPACTS 1NR 96-4A / 78-3- HE- I B -3 WB -1 -44 WETZAND 1:0 TTS' U LAGS / TEMPORARY WETLAND IMPACTS \ \ S (0.09 ACRES) \ 1 D L \L DATE TITLE SHEET NO. 07.09.2019 WETLAND IMPACTS EXHIBIT PROJ. NO. PROJECT BRIDGETON 11 5K SUBSTATION 50102846 3431 HWY 17 \I Dewberry Dewberry Engineers Inc. 2610 WYCLIFF ROAD SUITE 410 RALEIGH, NC 27607 PHONE: 919.881.9939 FAX: 919.881.9923 NCBELS # F-0929 PERMANENT WETLAND IMPACTS (WA -1) TEMPORARY WETLAND IMPACTS (WA -2) l TZANDFLAGS f 18" WIDE TRENCH IMPACTS 1NR 96-4A / 78-3- HE- I B -3 WB -1 -44 WETZAND 1:0 TTS' U LAGS / TEMPORARY WETLAND IMPACTS \ \ S (0.09 ACRES) \ 1 D L \L DATE TITLE SHEET NO. 07.09.2019 WETLAND IMPACTS EXHIBIT PROJ. NO. PROJECT BRIDGETON 11 5K SUBSTATION 50102846 3431 HWY 17 \I 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. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued DATE. Action ID: FILE NUMBER. Basis For Determination: The wetlands within the proiect area were delineated using the Corps of Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Reeional Suaalement Version 2.0. Remarks: None. 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 Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** Digitally signed by Billy W. Standridge, Billy W. Standridge, USACE USACE Corps Regulatory Official: _ Date. 20 9AR_4o,3.,R-SS-oa'no' Emily B. Thompson Date of JD: 8/30/2019 Expiration Date of JD: Not applicable NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Duke Energy Progress, Inc., c/o Mr. Thomas File Number: SAW -2019-01397 Date: 8/30/2019 Williams Jr. Attached is: See Section below PROFFERED PERMIT Standard Permit or Letter of ermission A RED PERMIT Standard Permit or Letter of ermission B DENIAL C LAPPROVED JURISDICTIONAL DETERMINATION D INARY JURISDICTIONAL DETERMINATION 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 http://www.usace.gM.mil/Missions/CivilWorks/ReizulatoiyProgramandPennits.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 I1 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 I1 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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: Emily B. Thompson CESAD-PDO Washington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 207 West Fifth Street Atlanta, Georgia 30303-8801 Washington, North Carolina 27889 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 opportum 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: Emily B. Thompson, 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 01 .. Y;� y A, j Ser/C• � .t: .. a• -, /TA 57 R f 57 LF 01 WA / 156 LF Non-Riverine / Swamp Forest / y e my O WBTB G �. p Forest (Non-Tidal 91 Non-Riverine Swam Freshwater Marsh #4 inside easement) 1 AC , Project Study Area Potential Wetland Waters of the US Potential Non-Wetland Waters of the US (Tributary) 0 100 200 Source: NC OneMap High Resolution NC Statewide Orthoimagery, DUKEI� CGIA, 2016; Project Study Area approximated by ESI from parcel data. LJ Feet E N E RAY Note Vegetation removal or alteration of soils or Disclaimer The information depicted on this figure is for informational purposes only and was not fro"") ENERGY,, hydrology after initial site evaluation can affect Prepared for, and is not suitable for legal or engineering purposes. This information presented is not jurisdictional status and may require re-evaluation of for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. wetland boundaries. ENVIRONMENTAL Project: ER15010.135 Potential Wetland/Waters of the US SERVICES, INC. Date: May 2018 Trademark Drive Rale N Bridgeton 115k Substation Raleigh, North Carolina 27610 (919j 212-1760 Drwn/Chkd: CW/JH (9'9'2'2-'707 FAX Craven County, North Carolina www. environmentalservicesinc,com J I I I Figure: 3 Path: P:\GeoGra\Projects\2015\010\135\GIS\fig_JDaerial.mxd Date: 5/30/201810:54:21 AM