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PUBLIC NOTICE
Issue Date: May 18, 2016
Comment Deadline: June 20, 2016
Corps Action ID Number: SAW-2016-00586
The Wilmington District, Corps of Engineers (Corps) received an application from
Piedmont Natural Gas seeking Department of the Army authorization to open-cut trench
a 0.96-mile section of natural gas pipeline through 1.93-acres of forested, non-tidal
wetlands, associated with the construction of an approximately 4.7-mile natural gas
distribution pipeline, in St. Pauls, Robeson County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
Applicant: Piedmont Natural Gas
c/o: Edward Dietrich
4720 Piedmont Row Drive
Charlotte, North Carolina 28210
AGENT (if applicable): Kleinfelder, Inc.
Attn: Jonathan Oravetz
8933 Western Way, Suite 12
Jacksonville, Florida 32256
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
X- Section 404 of the Clean Water Act (33 U.S.C. 1344)
Location
Directions to Site: The western-most portion of the right-of-way (ROW) is located just
northeast of the intersection of Russell Road and Lombardy Village Road, and travels
east-northeast to Ireland Road, where it will reconnect with the existing gas pipeline
ROW, in St. Pauls, Robeson County, North Carolina.
Project Area (acres): 6.5-acres Nearest Town:St. Pauls
Nearest Waterway: Big Marsh Swamp River Basin: Lumber
Latitude and Longitude: 34.852544 N, -79.065465 W
Existing Site Conditions
The project site is a 0.96-mile section of an overall 4.7-mile long natural gas pipeline
ROW located within existing utility line ROW and new alignment. The overall ROW
travels through pine plantation, hardwood forests, and residential and agricultural
developments. The pipeline will begin at a tie-in to Piedmont Natural Gas’ existing Line
5 at the projects western end and extends southeast to a distribution line along Covington
Farm Road, in Robeson County, North Carolina. The proposed line will be an upgrade to
an 8-inch pipeline from the existing 3-inch pipeline being constructed to serve several
new commercial and light industrial developments being built in the area.
Previous Department of the Army actions for this project include the following:
SAW-2016-00586 - Nationwide Permit (NWP) 12 for the construction of a natural gas
pipeline. The NWP authorized most of the 4.7-mile long ROW, except for the 0.96-mile
section in question, which the applicant stated they were originally going to use
horizontal directional drilling (HDD) methods to cross, but they determined this to be
unfeasible.
Applicant’s Stated Purpose
The basic project purpose is to construct a new utility line. The overall project purpose is
to construct a 1.1-mile section of natural gas pipeline ROW on new alignment to serve
new commercial/industrial developments in and around St. Pauls, North Carolina.
Project Description
The project involves the open-cut trenching of approximately 1.1-miles of an 8-inch
natural gas pipeline on new ROW. Approximately 1.96-acres of palustrine, forested
wetlands will be cleared through a 0.96-mile section of the new ROW. The ROW
includes a 30-foot wide maintained ROW and a 20-foot wide temporary construction
easement.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The applicant has reduced impacts to
jurisdictional waters of the U.S., including wetlands, to the maximum extent practicable.
Original proposed project impacts were for the conversion of 2.86-acres of forested
wetlands within a 70-foot wide ROW (50-foot permanently maintained and 20-foot
temporary construction). A reduction of the permanently maintained ROW from 50-feet
to 30-feet reduced overall wetland impacts to 1.96-acres. The applicant determined that
the use of HDD methodologies were proven to be unsuccessful for this crossing due to
the subsurface geology of the area and the distance involved.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: To offset unavoidable conversion impacts to
0.96-acre of non-tidal, forested wetlands, the applicant proposes to purchase mitigation
bank credits from the Stone Farm Regional Mitigation Bank at a 1:1 ratio. It should be
noted that previously permitted unavoidable project impacts were mitigated through
mitigation bank credit purchases from Stone Farm Regional Mitigation Bank.
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps’ initial determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps’ permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps’ permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
Properties ineligible for inclusion in the National Register are present within the
Corps’ permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps’ permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps’ permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
The District Engineer’s final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking’s potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
The Corps initiates consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699-1650
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant’s consistency certification. As the application did not include the
consistency certification, the Corps will request, upon receipt,, concurrence or
objection from the NCDCM.
Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency’s 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, June 20, 2016. Comments should be
submitted to John N. Policarpo, Wilmington Regulatory Field Office,
69 Darlington Avenue, Wilmington, North Carolina 28403 , at (910) 251-4487.
KLEINFELDER, INC.
3500 Gateway Centre Blvd, Ste 200
Morrisville North Carolina, 27560
The information included on this graphic representation has been compiled from a variety of
sources and is subject to change without notice. Kleinfelder makes no representations or
warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the
use of such information. This document is not intended for use as a land survey product
nor is it designed or intended as a construction design document. The use or misuse
of the information contained on this graphic representation is at the sole risk of the
party using or misusing the information.
PNG Line 33 Replacement (Transmission) FIGURE
Project Location Map
Robeson County