Loading...
HomeMy WebLinkAbout20190317 Ver 1_PCN Form Submission_20190308DXR -,, pbblen of wMer ftwources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r, Yes r, No Is this project a public transportation project?* O Yes O No Change only if needed. BIMS # Assigned* 20190317 Is a payment required for this project? r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Chad Turlington:eads\ccturlington Information for Initial Review 1a. Name of project: Robeson LNG Project (formerly named Carolinas LNG Project) 1a. Who is the Primary Contact?* Rex Sears 1 b. Primary Contact Email:* rexsears@duke-energy.com Date Submitted 3/8/2019 Nearest Body of Water Gum Swamp Basin Lumber Water Classification C Site Coordinates Latitude: 34.801961 Longitude: -79.277708 Version#* 1 Reviewing Office* Fayetteville Regional Office - (910) 433-3300 1c. Primary Contact Phone:* (704)731-4427 A. Processing Information W County (or Counties) where the project is located: Robeson Is this project a public transportation project?* O Yes r No 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r- Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (MNP) r- Regional General Permit (RGP) r- Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? C Yes C No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 39 - Commercial/Institutional Developments 1d. Type(s) of approval sought from the DWR: V 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non -404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit 1e. Is this notification solely for the record because written approval is not required? For the record onlyfor DWR 401 Certification: C Yes C No For the record only for Corps Permit: C Yes C No 1f. Is this an after -the -fact permit application?* C Yes C No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C Yes C No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C Yes C No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? C Yes C No 1j. Is the project located in a designated trout watershed? C Yes C No B. Applicant Information C^) 1d. Who is applying for the permit? m Owner [7 Applicant (other than owner) le. Is there an Agent/Consultant for this project? C Yes C No 2. Owner Information 2a. Name(s) on recorded deed: Piedmont Natural Gas Co Inc 2b. Deed book and page no.: 01695/0485 2c. Responsible party: 2d. Address Street Address PO Box 33068 Address Line 2 Oty Charlotte Postal / Zip Code 28233 2e. Telephone Number: (704)731-4427 2g. Email Address:* rexsears@duke-energy.com 3. Applicant Information (if different from owner) 3a. Name: Michael Wolfe State / Rwince / Fbglan North Carolina Country USA 2f. Fax Number: 3b. Business Name: ERM 3c.Address Street Address 121 W. Trade Street Suite 2320 Address line 2 ay Charlotte Postal / Zip Code 28202 3d. Telephone Number: (980)297-7270 3f. Email Address:* michael.violfe@erm.com Sate / Ro✓ince / Fegion NC Country USA 3e. Fax Number: C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (t appropriate) 1c. Nearest municipality/ town: Maxton 2. Project Identification 2a. Property Identification Number: 931862842190 2c. Project Address Street Address Rev Bill Road Address Line 2 aty Maxton Postal / Zip Code 28364 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Gum Swamp 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12 -digit HUC in which the project is located. 030402030302 4. Project Description and History 2b. Property size: 685 Sate / Ruvirce/ Rgglon North Carolina Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The Site is an approximately 685 -acre property most recently used for silvicultural practices. Much of the Site is currently cleared, open land with remaining forested portions of the Site consist primarily of loblolly pine (Pinus taeda). The Site is located between two large swamp systems, Gum Swamp and Jordan Swamp. Elevations at the Site range between 210 to 215 feet above mean sea level (AMSL). Surface voter on the western portion of the Site generally slopes to west toward Gum Branch, while the eastern portion of the Site flows east to Jordan Branch. Some areas of the Site are controlled by drainage ditches, which could affect flow in those areas. The wider vicinity of the Project area is primarily a mix of pine plantations and agricultural lands, with some pockets of rural residential and small township development. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* O Yes d No O Unknown 4d. Attach an 81/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) _CLNG_CH IV_Figure_2_USGS_Topo.pdf 944.73KB 4e. Attach an 8 1/2X11 excerpt from the most recent version of the published CountyNRCS Soil Survey map depicting the project site. (for DWR) _CLNG_CH—KI _Figure_4_USDA_Soil.pdf 826.65KB 4f. List the total estimated acreage of all existing wetlands on the property: 53.8 4g. List the total estimated linear feet of all existing streams on the property: 6311 4h. Explain the purpose of the proposed project:* The proposed project is to construct a liquefied natural gas (LNG) peak shaving facility to better meet the demands of Piedmont Natural Gas (Piedmont) customers during peak usage times. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The Project will include construction and installation of a 1.6 billion cubic foot (BCF) liquefied natural gas (LNG) peaking facility. Site development will cover approAmately 50 acres; the remaining area of the property is not slated for construction. The facility will have the capacity to vaporize 260 million standard cubic feet per day (MMscfd) of natural gas and liquefy 10 MMscfd. The Project is to begin construction in May 2019 and begin operation of the facility in July 2021. Construction earth grading will involve the use of common heavy equipment (e.g. excavators, dozers, scrapers).and will be in compliance with pertinent permits and regulatory conditions. There will be relatively small (about 90 linear feet), direct impact to a low quality, intermittent stream by culverting for a road crossing. Indirect impacts to waters should be minimal as Best Management Practices (BMPs) will be implemented during construction, and a facility stornmater management plan Will be in place for long term management of runoff over impervious surfaces. Facility construction will be performed according to permits by licensed contractors (e.g., structural contractors, masons, electricians, plumbers). 4j. Please upload project drawings for the proposed project. Carolinas LNG Project Site.pdf 454.87KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? O Yes O No O Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* O Preliminary O Approved O Not Verified O Unknown O WA Corps AID Number: SAW -2018-02320 Sc. If Sa is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Environmental Resources Management Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR The site was visited by Rachel Capito of the USACE on June 19, 2018. A Preliminary Jurisdictional Determination was signed by Gary Beecher on December 20, 2018. Still. Jurisdictional determination upload SAW-2018-02320.pdf 2.71 MB 6. Future Project Plans 6a. Is this a phased project?* O Yes O No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? D. Proposed Impacts Inventory QJ 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): ❑ Wetlands ® Streams -tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* ffS. name * 3e. Stream Type * 3f. Type of ]3g. S. width * 3h. Impact (?) I Jurisdiction* length* Access road Permanent Culvert S008 unnamed tributary to Intermittent Cors 6 78 51 ( rY P Gum Swamp) Aver�e(feet) (Irfe�) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 78 31. Total stream and ditch impacts: 78 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Piedmont identified and evaluated a number of alternatives to the proposed Project. During the feasibility phase of the Project, National Wetland Inventory (NWI) data and USGS stream data (National Hydrography Dataset) were used to provide a preliminary analysis of wetland and waterbody resources at the proposed Site, and to assess where wetland impacts could be avoided or minimized by adjusting the Site location. Desktop reviews were conducted to identify a study area and to map existing land uses and environmental features. Site visits were conducted to survey, study and identify potential land impacts and alternatives. The chosen Site and layout was selected in an effort to avoid and minimize impacts to jurisdictional waters to the extent practiable. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Piedmont will follow all permit conditions, will implement BMPs (e.g. silt fences), and will perform environmental inspections during construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? O Yes G No 2b. If this project DOES NOT require Compensatory Mitigation, explain why - The Project Will have only a minimal effect (ca. 78 feet) on a low quality stream. The impact, i.e. a culvert, will allowfor continued normal flowof the stream. And though not required as compensatory mitigation, the discontinuation of the silvicultural land use of the property will result in the cessation of associated sedimentation impacts to stream. Furthermore, soils will be better stabilized within the Project development footprint through vegetation plantings (ground cover, shrubs and trees) that will be associated with the project landscaping. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? O Yes G No If no, explain why: The Project will not result in impacts within the protected riparian buffer zones, and therefore no mitigation is required. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOTs Individual NPDES permit NCS000250? O Yes G No 2b. Does this project meet the requirernents for low density projects as defined in 15A NCAC 02H .1003(2)? O Yes G No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? O Yes G No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters. * O Stormwater Management G Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: FINAL Robeson LNG Stormwater Analysis Report _10-15-18.pdf 6.88MB Comments: As this notification to the DWR is a courtesy notification, given the minimal extent of impact, so it was not necessary to perform antidegradation calculations for the proposed built upon area. However, a stormwater analysis was performed for the property in general; the related report is included for reference. It should also be noted here that the site falls within the Fayetteville region within the North Carolina Department of Environmental Quality (NC DEQ). In a reviewof the NC DEQ interactive Post -Construction Stormwater Permitting Map, this site does not require post construction stormwater management. Operators of oil and gas exploration, production, processing, or treatment operations, or transmission facilities are not required to submit an NPDES permit application per the exclusion in 40 CFR §122.26(b)(14)(viii). G. Supplementary Information u 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* O Yes O No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.11300), or DWR Surface Water or Wetiand Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* O Yes O No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* O Yes M No 3b. If you answered "no," provide a short narrative description. The Project will not directly result in future development. it is intended to serve established energy needs of the service area during peak times in the winter and summer. All future development would be independent of the proposed Project and would be subject to all applicable water quality regulations. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? O Yes O No O WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* O Yes d No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* O Yes 4 No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* O Yes A No 5e. Is this a DOT project located within Division's 1-8? O Yes O No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? 4 Yes d No 5g. Does this project involve bridge maintenance or removal? C Yes O No 5h. Does this project involve the construction/installation of a wind turbine(s)?* C Yes d No O Unknown 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? O Yes O No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Piedmont initially conducted a search using the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) website. Additionally, scoping letters were sent to the USFWS Raleigh Ecological Field Services Office, to the North Carolina Natural Heritage Program, and to the North Carolina Wildlife Resources Commission. Consultation Documentation Upload NCWRC Scoping_Robeson LNG Project_Robeson County.pdf 117.98KB Robeson LNG scoping package _NCWRC_20180914.pdf 4.19MB Robeson LNG—scoping package_USFWS_20180914.pdf 3.91 MB Robeson LNG scoping package _NCNHP_20180914.pdf 4.19MB NCNHP reply_20181019.pdf 3.14MB 2019-02-06 FWS Concurrence.pdf 179.98KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* d Yes 4 No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Piedmont conducted a search using the National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper website. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Initially, a field search was conducted for previously -identified historic resources, along with properties listed in or nominated for the NRHP, within a one -mile buffer of the proposed Project. A literature and records search was completed by reviewing files maintained by the North Carolina State Historic Preservation Office. Piedmont then conducted a Phase I historic architectural survey as due diligence to identify and evaluate historic properties that might be affected by the Project. Piedmont surveyed the parcel for archaeological resources, except for a 15 -acre exclusion zone between County Road 1316 and Gum Swamp where no construction is planned. The entire 672 -acre survey area was subjected to a visual inspection and was supplemented by shovel tests. 7c. Historic or Prehistoric Information Upload Robeson LNG Phase I Archaeology Survey Report FINAL 10-12-18.pdf 8.04MB Robeson LNG Phase I Architecture Survey Report_rev 10-12-18.pdf 10.25MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* d Yes d No 8c. What source(s) did you use to make the floodplain determination?* Piedmont conducted a search using the FEMA National Flood Hazard Layer Viewer website. Miscellaneous Comments The Project was initially called Carolinas LNG Project, but has since been changed to Robeson LNG. Please note that some of the attached reports refer to the name Carolinas LNG Project. Miscellaneous attachments not previously requested. Signature * m By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Michael Wolfe Signature 4 -?%'W1' Date 3/8/2019 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION, PARCEL IDs: 2310-01-01302A, 2307-01-035, Robeson County, North Carolina STREET ADDRESS: _680 Reverend Bill Road, Maxton, NC 28364 Property Owner: Piedmont Natural Gas, Inc. The undersigned, designated Property Owner representative for the above listed property parcels, does hereby authorize Michael Wolfe , of Environmental Resources Management (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of the Pre -Construction Notification submittal. Property Owner's Address (if different than property above): 4720 Piedmont Row Dr. Charlotte, NC 28210 Telephone: (704) 731-4068 I hereby certify the above information submitted in this application is true and accurate to the best of my knowledge. Print Name: Bradley Patterson Title: Proqram Director, LNG Proiects Signature: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2018-02320 County: Robeson County U.S.G.S. Quad: Wakulla NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Piedmont Natural Gas Company, Inc. Attn: Victor Gaglio Address: P.O. Box 33068 Charlotte, NC 28233 Telephone Number: (704) 731-4104 Size (acres) 685 acres Nearest Town Maxton, NC Nearest Waterway Gum Swamp River Basin Lower Pee Dee USGS HUC 03040203 Coordinates Latitude: 34.800699 Longitude: -79.276630 Location description: This 685 acre proiect is located along State Highway 71 and east of Reverend Bill Road in Maxton, Robeson County, NC. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC � 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC � 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way y the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 SAW -2018-02320 _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at (910) 251-4629 or Gary.H.BeecherC&usace, army. mil. C. Basis For Determination: This site exhibited wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. D. Remarks: A site visit by Ms. Rachel Capito (USACE) was conducted on June 19, 2018. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. 'DEQ 20� Zotg, Corps Regulatory Official: Gary H. Beecher SAW -2018-02320 Date: December 20, 2018 Expiration Date: PJD does not expire The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http:Hcorl2smapu.usace.army.mil/cm apex/Vp=136:4:0. Copy Furnished via e-mail to: Environmental Resources Management (ERM) Attn: Troy Enright 295 Madison Avenue, Suite 8A New York, NY 10017 (612)719-5832 Troy.enrightA erm.com Duke Energy Attn: Alicia DePalma 4720 Piedmont Row Drive Charlotte, NC 28210 (704)731-4118 Alicia.depalma(a� duke -energy. com PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: December 20, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Troy Enright (Environmental Resources Management), 295 Madison Avenue, Suite 8A, New York, NY 10017 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Piedmont Natural Gas (PNG 71) SAW -2018-02320 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Robeson County City: Maxton Center coordinates of site Qat/long in degree decimal format): Lat.: 34.8006990 Long.: -79.276630 Universal Transverse Mercator: Name of nearest waterbody: Gum Swamp E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): June 19, 2018 by Ms. Rachel Capito (USACE) TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. • "Waters of the US table" located on the following page. Waters Table for Robeson County LNG Facility (cross reference ERM Wetland Delineation Report, Robeson County LNG Facility - September 7, 2018) Site Number Reference Latitude Point Reference Longitude Point Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wetland w001f 34.79375 -79.28309 25.9 acres PFO Section 404 w002f 34.79344 -79.27335 4.8 acres PFO Section 404 w003e 34.80083 -79.28481 1.3 acres PEM Section 404 w004e 34.81029 -79.27655 12.8 acres PEM Section 404 w005e 34.80849 -79.27893 5.6 acres PEM Section 404 w006e 34.80435 -79.28046 3.4 acres PEM Section 404 Channel s001 34.79305 -79.27318 420 linear feet Wet ditch w/in a wetland Section 404 s002 34.79673 -79.27344 2300 linear feet Dry upland ditch Section 404 s003 34.80114 -79.28544 1600 linear feet Wet ditch (modified stream?) Section 404 s004 34.80663 -79.27823 2130 linear feet Dry, mostly upland, ditch Section 404 s005 34.80421 -79.28043 150 linear feet Dry, mostly upland, ditch Section 404 (Note -there is no s006 feature) s007 34.80033 -79.2822 1050 linear feet Modified perennial stream Section 404 s008 34.79734 -79.28151 2130 linear feet Modified intermittent stream Section 404 D001 (west of lat/long) 34.79752 -79.27078 730 linear feet Dry upland ditch Section 404 D001 (east of lat/long) 34.79752 -79.27078 613 linear feet Wet upland ditch Section 404 D002 34.79876 -79.271 961 linear feet Wet upland ditch Section 404 D002A 34.80062 -79.27127 404 linear feet Dry upland ditch Section 404 D002B 34.80278 -79.27168 1165 linear feet Dry upland ditch Section 404 D003 (west of lat/long) 34.80025 -79.27254 2805 linear feet Dry upland ditch Section 404 D003 (east of lat/long) 34.80025 -79.27254 439 linear feet Wet upland ditch Section 404 D004 34.80239 -79.27761 980 feet Dry upland ditch Section 404 D005 34.80194 -79.28174 375 feet Dry upland ditch Section 404 D006 34.79862 -79.28216 125 feet Dry upland ditch Section 404 D007 34.79874 -79.28073 710 feet Dry upland ditch Section 404 D008 34.79887 -79.27676 1500 feet Dry upland ditch Section 404 PFO = Palustrine Forested; PEM = Palustrine Emergent >All Wetlands and Waters are potential Waters of the US (SAW -2018-02320) MIS I QProperty Boundary N pWetland Figure 6 • Wetland/Upland Data Point 1:12,000 Wetland Delineation Wet Channel (Stream or Ditch) Robeson LNG Facility Dry Channel (Upland Ditch) 0 500 1,000 Robeson County, North Carolina • Channel Data Point Feet ERM MPLS M:\Clients\D-RDUMCLNG\_ArcGIS\2018\04\Wetland_Delineation_Report_Figures\_CLNG_CH_ N_Figure_6_ Isolated_ Wetlands_V2.mxd I REVISED: 11/07/2018 j SCALE: 1:12,000 DRAWN BY: GCC 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Environmental Resources Management ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Environmental Resources Management ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. Robeson County Regional Map ❑ U.S. Geological Survey map(s). Cite scale & quad name: Maxton ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Google Earth or ®Other (Name & Date): Environmental Resources Management (3-14-2018) ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): Site visit by Ms. Rachel Capito (USACE) on June 19, 2018 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. DEQ 20� ZutB Signature qnd ilate of Regulatory staff member completing PJD Gary H. Beecher Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. i L \ ell do i 14 Ay- I / ANN AL,A -i.'MJ. �o Ly Ra WaB WaB Mc Ra NoA 0 Mc WkB PoB LaB Ly Mc Mc a PoB NoA PoB WaB Mc Mc m Mc c� LaB NoA NoB 0 Mc WaB Mc JT WaB NoA LaB Ra �� WaB �R u Ra co Lab WaB NoA Mc GoA Ly Mc LaB GoA Mc Mc LaB Mc Mc M GoA NoA PoB Go Mc LaB Ly GoA Wail Mc a WaB NoB Mc WaB NoA No Mc BB GoA Ly c MaA Po Mc WaB Mc L aBNoA Imagery Google Map dafai20 8 Property Boundary N � USDA Soils Figure 4 1:12,000 USDA Soil Carolinas LNG Facility o 500 1,000 Robeson County, North Carolina Feet ERM MPLS M:\Clients\D-F\DUK\CLNG\_Arc GIS\2018\04\Wetland Delineation_Report_Figu—\_CLNG CH IV_ Figure_3_ USDA_ Soil.—d REVISED: 04/16/2018 1 SCALE: 1:12,000 DRAWN BY: GCC _ d y � 4N IL- ig if � _ Y ,� " i •. kA - �' %L u rear Av — M its - a 1 4, 4 i a 0 II n • • JI ra • 204 4 • f! - `_ Cry Google Map data 2018 Property Boundary H Figure 2 1:12,000 USGS Topographic Map Carolinas LNG Facility o 500 1,00o Robeson County, North Carolina Feet ERM MPLS M:\Clients\D-F\DUK\CLNG\_AroGIS\2018\04\Wetland Delineation_Report_Figures\_CLNG CH IV_ Figure_ 2_USGS_Topo.mxd REVISED: 04/16/2018 1 SCALE: 1:12,000 DRAWN BY: GCC