HomeMy WebLinkAbout20021756 Ver 1_COMPLETE FILE_20021101Willia s
GAS PIPELINE - Transco
2800 Post Oak Boulevard (77056)
PO. Box 1396
Houston,'rX 77251-1396
713/215-2000
February 25, 2003
Mr. John Dorney
North Carolina Department of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
RE: Transcontinental Gas Pipe Line Corporation (Transco)
Submittal of Wetland Monitoring Plan
Replacement of Exposed Natural Gas Pipelines
36-Inch Diameter Mainline "C" and 42-Inch Diameter Mainline "D"
Mecklenburg and Lincoln Counties, North Carolina
DWQ Project #: 02-1756
Dear Mr. Dorney:
Transcontinental Gas Pipe Line Corporation (Transco) is submitting the wetland monitoring plan
developed for the Mainline "C" and "D" pipeline replacement project. This plan has been designed
to monitor the revegetation of the wetlands impacted during the construction activities and complies
with the U.S. Army Corps of Engineers permit conditions as well as the 401 Water Quality
Certification obtained from the North Carolina Department of Environment and Natural Resources.
Should you have any comments or questions, please call me at (713) 215-2469.
Sincerely,
David Beckmeyer
Sr. Environmental Specialist
A, V
WETLAND MONITORING PLAN
TRANSCONTINENTAL GAS PIPE LINE CORPORATION'S
CATAWBA RIVER PIPELINE REPLACEMENTS
LINCOLN AND MECKLENBURG COUNTIES, NORTH CAROLINA
Submitted to:
U.S. Army Corps of Engineers
Asheville Field Office
151 Patton Ave., Room 208
Asheville, NC 28801-5006
and
_? . -7EB 2 B 2003
1
WETLANDS GROUP
WATER QUALITY SECTION
North Carolina Department of Environment and Natural Resources
Division of Water Quality, 401 Wetlands Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Prepared by.
Transcontinental Gas Pipe Line Corporation
2800 Post Oak Boulevard - Level 10
Houston, Texas 77056
wi1AFftift.
1
February 2003
• r
TABLE OF CONTENTS
Introduction ....................................................................................................................3
Wetland Impacts and Mitigation ............................................................................3
Monitoring Methodology ....................................................................................................4
References ...................................................................................................................4
LIST OF APPENDICES
Appendix A USGS Quadrangle Map
Appendix B Construction Alignment Drawings
Appendix C U.S. Army Corps of Engineers Nationwide Permit Verification
Appendix D North Carolina Department of Environment and Natural Resources State 401
Water Quality Certification
INTRODUCTION
During a routine aerial inspection of Transcontinental Gas Pipe Line Corporation's (Transco's)
natural gas pipeline system, an apparent exposure of the 42-inch diameter Mainline "D" was
reported in the Catawba River. Transco conducted an on-site inspection, which included the
use of divers, to determine the extent of the pipeline exposure. During this inspection, Transco
confirmed the exposure of Mainline "D" and also determined that its adjacent 36-inch diameter
Mainline "C" was exposed.
Transco's Mainlines "C" and "D" cross the Catawba River at M.P. 2.43 (station 128+05)
approximately 3,200 ft downstream of the North Carolina Highway 73 bridge, which is located
nearly 15 miles northwest of the city of Charlotte, North Carolina. The project location has been
depicted on an excerpt from the Lake Norman South, NC USGS quadrangle, which has been
included as Appendix A to this plan.
This portion of the Catawba River is approximately 720 ft wide and considered part of Mountain
Island Lake, impounded by Mountain Island Dam. Transco's mainlines are also located
approximately 1.1 mile downstream of the Cowans Ford Dam, which impounds Lake Norman.
Both Mountain Island Lake and Lake Norman are owned by Duke Energy, which generates
hydroelectric power by discharging water from these impoundments. Over time, discharges
from Cowans Ford Dam have scoured the river bottom and resulted in the exposure of
Transco's Mainlines "C" and "D".
Approximately 200 ft of Mainlines "C" and "D" are currently suspended approximately five ft
above the river bottom. Transco is proposing to remove the existing river crossing segments,
deepen the trenches and install new pipeline segments of the across the river. Transco will
utilize approximately 3.4 acres of workspace east and 4.5 acres of workspace west of the river
during this project. In addition to the workspaces on land, approximately 18 acres has been
designated as workspace within the Catawba River. The replacements will be performed
sequentially, beginning with Mainline "D" in early February 2003, and should be completed in
mid-May, 2003.
WETLAND IMPACTS AND MITIGATION
The removal and replacement of Transco's Mainlines "C" and "D" river crossing segments will
require the temporary disturbance of approximately 8 acres adjacent to the Catawba River.
Transco identified approximately 1.5 acres of jurisdictional wetlands within the construction
workspace. The wetlands are comprised of 1.2 acre of palustrine emergent marsh, 0.2 acre of
palustrine scrub shrub and 0.16 acres of palustrine forest. The wetland areas and workspace
requirements for these pipeline replacements have been depicted on the alignment drawings
provided as Appendix B.
Transco has developed specific construction procedures to mitigate impacts to the wetland
areas. During the initials stages of the project, the top 6 inches of topsoil will be stripped from
the non-forested wetlands and stockpiled. Trees within the forested wetlands will be cut at
ground level, leaving the root zone intact. Equipment will work on mats during the pipeline
replacement project and the disturbed areas will be restored to pre-construction contours.
During the final phase of restoration the wetlands shall be graded in a manner that will result in
microtopographic elevation differences. Prior to the stockpiled topsoil is returned to the
disturbed wetlands, the areas will be ripped or disked to relieve compaction.
All construction activities will adhere to the North Carolina Department of Environment and
Natural Resources (NCDENR) approved Soil Erosion and Sediment Control Plan, which
incorporates applicable provisions of the Federal Energy Regulatory Commission's (FERC's)
Upland Erosion Control, Revegetation, and Maintenance Plan (Plan) and Wetland and
Waterbody Construction and Mitigation Procedures (Procedures).
MONITORING METHODOLOGY
In accordance with the U.S. Army Corps of Engineers General Permit Verification and the
NCDENR Water Quality Certification Approval, Transco will monitor the wetlands following the
completion of Transco's pipeline replacements. Copies of the General Permit Verification and
Water Quality Certification Approval are included in Appendices C and D, respectively.
The purpose of the monitoring is to ensure successful revegetation of the disturbed wetlands.
Revegetation will be determined to be successful when either 80 percent aerial coverage of
target hydrophytes, which are native to the area and/or similar to surrounding adjacent
wetlands, is achieved or the vegetation density is consistent with the adjacent undisturbed
wetlands.
The Releve Method (Mueller-Dombois & Ellenburg, 1974) plant sampling technique will be
utilized to obtain both qualitative and quantitative date to achieve permit condition compliance. `
The Releve Method involves the qualitative description and quantification of plant community
characteristics, including species richness and vegetation structure, within plots that are
representative of particular plant communities or cover types. This approach will provide a
formal and comprehensive characterization of each wetland community.
In accordance with the Releve Method, a quadrat will be established within each wetland and
sized to contain at least 90-95 percent of the plant species (dominant and non-dominants) within
each wetland community. The actual size of the Releve plot will be determined by sampling a
series of nested quadrats as described in Mueller-Dombois & Ellenburg (1974). Successively
larger quadrats, each of which contained the smaller, previously sampled quadrat, will be
sampled until the required 90-95 percent of the species are encountered.
Within each quadrat, percent coverage of each encountered species will be visually estimated
within cover classes defined in the 1987 Corps of Engineers Wetland Delineation Manual.
Identified species and cover classes will be recorded on quantitative wetland monitoring
assessment data forms. The data forms will contain the indicator status, stratum, and cover
class (percent aerial cover) for each species identified. The amount of bare ground will be
included in this data form to allow for quantification of overall revegetation success.
Photographs will be taken at each of the established quadrats.
An initial monitoring report will be prepared upon the completion of construction. The purpose
of this report is to document the removal of sidecasted material in its entirety from the wetlands.
A second monitoring report will be submitted no later than November 15, 2003, which will be
one year after the U.S. Corps of Engineers Permit Authorization. This report will provide the
results of the monitoring and quantify the revegetation success within the wetland areas
disturbed during Transco's Catawba River Replacement Project.
REFERENCES
Environmental Laboratory. U.S. Department of the Army, Corps of Engineers. 1987. Corps of
Engineers Wetlands Delineation Manual. Wetlands Research Program, Corps of Engineers,
Washington D.C. 100 pp.
Federal Energy Regulatory Commission. 1994a. Wetland and Waterbody Construction and
Mitigation Procedures. Office of Pipeline Regulation, Federal Energy Regulatory
Commission, Department of Transportation, Washington, D.C.
Federal Energy Regulatory Commission. 1994b. Upland Erosion Control, Revegetation, and
Maintenance Plan. Office of Pipeline Regulation, Federal Energy Regulatory Commission,
Department of Transportation, Washington, D.C.
Mueller-Dumbois. D. and H. Ellenberg. 1974. Aims and Methods of Vegetation Ecology. John
Wiley and Sons, Inc., Chichester, London.
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NOTE BASE FROM:
LAKE NORMAN SOUTH 0 2000 4000 6000 8000 Feet
7.5 MIN. QUAD
NORTH CAROLINA SCALE IN FEET
QUAD NO. 35080-D8
CORPS OF ENGINEERS PERMIT DRAWING
LOCATION MAP
DRAWNG NO. REFERENCE ME
TRANSCONTINENTAL GAS PIPE LINE CORPORATION
PROPOSED 36" & 42" NATURAL GAS PIPELINES wolffmaO.
CROSSING CATAWBA RIVER *
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M.P. 2.43 GAS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHIPS
LINCOLN AND MECKLENBURG COS. NORTH CAROLINA
NO. DATE BY REVISION DESCRIPTION W.O. NO. Cm APP. DRAWN BY: MAR DATE 09-06-02 ISBUEDFORBID-. SCALE; SHOWN
CHECKED BY: DATE ISSUED FOR CONSTRUCTION:
APPROVED BY: .N?.' DATE (o•?.r•a2 NumSER: 26-09-50/12805 SHEET 1
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200330133 County Lincoln/Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Transcontinental Gas Pipeline Corporation, Attn: David Beckmeyer
Address: P.O. Box 1396
Houston, TX 77251-1396
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Replacement of Exposed Natural Gas Pipelines in the Catawba River, Cowan's Ford Loop,
36-inch Mainline "C" and 42-inch Mainline "D". The lines are located approx. 0.6 miles
downstream from the NC 73 bridge.
Description of Activity:
Replacement of 2 exposed natural gas pipelines in the Catawba River that are currently
suspended off of the river bottom. The work sequence will go as follows: gas lines will be
removed, pipeline trenches deepened, and new pipeline segments installed. Then, approx.
700 CY of riprap will be utilized during backfilling of trenches in the river to minimize
future pipeline exposure. In addition, as part of the project, a maximum of 1.5 acres of
wetlands adjacent to the river in the Transco right-of-way will be temporarily impacted by
pipe replacement and sidecasting of trench material. All wetland impacts will be temporary
and there will be no loss of wetlands as a result of the project. Some blasting of the riverbed
will be required during pipe installation. ALL WORK MUST BE DONE IN STRICT
ACCORDANCE WITH SUBMITTED PLANS.
SPECIAL CONDITIONS:
1. RIVERBANKS THAT ARE DISTURBED WILL BE RESTORED TO ORIGINAL
GRADE AND THEN STABILIZED IMMEDIATELY AFTER WORK COMPLETION.
2. STRINGENT EROSION CONTROL MEASURES WILL BE INSTALLED PRIOR TO
GROUND AND RIVER BOTTOM DISTURBANCE AND MAINTAINED THROUGHOUT
PROJECT CONSTRUCTION.
3. TREES TARGETED FOR REMOVAL IN THE WETLAND AREA WILL BE CUT AT
GROUND LEVEL, LEAVING ROOTS INTACT FOR SPROUTING PURPOSES.
4. THE AMOUNT OF WORKSPACE IN THE WETLANDS WILL BE LIMITED TO
THAT WHICH IS ABSOLUTELY NECESSARY TO REMOVE PIPELINE AND INSTALL
REPLACEMENTS.
5. WORK WILL BE CONDUCTED OFF MATS IN WETLAND AREAS.
(. TN Ur rT A XMQ A T T QT" V0 A QTVTT 14 A IrVDT A T T7i/TT T DU DLA il1?TLT1 TAT TTC1
ENTIRETY AND THE AREA RESTORED TO ORIGINAL GRADE IMMEDIATELY
FOLLOWING COMPLETION OF WORK.
7. MONITORING REPORTS WILL BE REQUIRED TO ENSURE SUCCESSFUL
REVEGETATION OF DISTURBED WETLAND AREAS. THE FIRST REPORT MUST
BE SUBMITTED IMMEDIATELY AFTER PROJECT COMPLETION AND MUST
INDICATE REMOVAL OF SIDECASTED MATERIAL IN ITS ENTIRETY FROM
WETLANDS. THE SECOND REPORT MUST BE SUBMITTED NO LATER THAN ONE
YEAR FROM THE DATE OF THIS AUTHORIZATION OUTLINING THE SUCCESS OF
THE REVEGETATION. PHOTOS MUST BE INCLUDED WITH BOTH REPORTS.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
12 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your actividy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone (919)733-2293.
Please read and carefully comply with the attached conditions of the RGP or NW?. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date November 15, 2002
Corps Regulatory Official Steve Chapin Telephone No. (828) 271-7980x5
Expiration Date of Verification November 15, 2004
cc: Duke Power Company; D. Will Autry, Mecklenburg County Water Quality Program,
700 N. Tryon St., Charlotte, NC 28202
CFSAW Form 591
Revised July 1995
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
Permit Number:
Permit Type:
Name of county:
200330133
NW12
Lincoln/Mecklenburg
Name of Permittee: Transcontinental Gas Pipeline Corporation
Date of Issuance: November 15, 2902
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:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee
Date
NATIONWIDE PERMIT 12
DEPARTMENT OF THE ARMY
COPPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS +
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Utility Line Activities. Activities required for the construction, maintenance, and repair of utility
lines. and associated facilities in waters of the United States as follows:
1. Utility lines: The construction, maintenance, or repair of utility lines, including outfall and
intake structures and the associated excavation, backfill, or bedding for the utility lines, in all
waters of the United States, provided there is no change in preconstruction contours. A "utility
line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or
slurry substance, for any purpose; and any cable, line, or wire for the transmission for any
purpose of electrical energy, telephone, and telegraph messages, and radio and television
communication (see Note 1, below). Material resulting from trench excavation may be
temporarily sidecast (up to three months) into waters of the United States, provided that the
material is not placed in such a manner that it is dispersed by currents or other forces. The
District Engineer may extend the period of temporary side casting not to exceed a total of 180
days, where appropriate. In wetlands, the top 6" to 12" of the trench should normally be
backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a
manner as. to drain waters of the United States (e.g., backfilling with extensive gravel layers,
creating a french drain effect). For example, utility line trenches can be backfilled with.clay
blocks to ensure that the trench does not drain the waters of the United States through which the
utility line is installed. Any exposed slopes and stream banks must be stabilized immediately
upon completion of the utility line crossing of each waterbody.
2. Utility line substations: The construction, maintenance, or expansion of a substation
facility associated with a power line or utility line in non-tidal waters of the United States,
excluding non-tidal wetlands adjacent to tidal waters, provided the activity does not result in the
loss of greater than \1/2\ acre of non-tidal waters of the United States.
3. Foundations for overhead utility line towers, poles, and anchors: The construction or
maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of
the United States, provided the foundations are the minimum size necessary and separate
footings for each tower leg (rather than a larger single pad) are used where feasible.
.4. Access roads: The construction of access roads for the construction and maintenance of
utility lines, including overhead power. lines and utility line substati ons, in non-tidal waters. of the
United States, excluding non-tidal wetlands adjacent to tidal waters, provided the discharges do
not cause the loss of greater than \1/2\ acre of non-tidal waters of the United States. Access roads
shall be the minimum width necessary (see Note 2, below). Access roads must be constructed so
that the length of the road minimizes the adverse effects on waters of the United States and as
near as possible to preconstruction contours and elevations (e.g., at grade corduroy roads or
geotextile/gravel roads). Access roads constructed above preconstruction contours and elevations
in waters of the United States must be properly bridged or culverted to maintain surface flows.:,
The term "utility line" does not include activities which drain a water of the United States,
such as drainage tile or french drains; however, it does apply to pipes conveying drainage from
another area. For the purposes of this nationwide permit, the loss of waters of the United States
includes the filled area plus waters of the United States that are adversely affected by flooding,
excavation, or drainage as a result of the project. Activities authorized by paragraphs (i) through
(iv) may not exceed a total of \1/2\ acre loss of waters of the United States. Waters of the United
States temporarily affected by filling, flooding, excavation, or drainage, where the project area is
restored to preconstruction contours and elevation, is not included in the calculation of
permanent loss of waters of the United States. This includes temporary construction mats (e.g.,
timber, steel, geotextile) used during construction and removed upon completion of the work.
Where certain functions and values of waters of the United States are permanently adversely
affected, such as the conversion of a forested wetland to a herbaceous wetland in the permanently
maintained utility line right-of-way, mitigation will be required to reduce the adverse effects of
the project to the minimal level.
Mechanized land clearing necessary for the construction, maintenance, or repair of utility lines
and the construction, maintenance, and expansion of utility line substations, foundations for
overhead utility lines, and access roads is authorized, provided the cleared area is kept to the
minimum necessary and preconstruction contours are maintained. as near as possible. The area of
waters of the United States that is filled, excavated, or flooded must be limited to the minimum
necessary to construct the utility line, substations, foundations, and access roads. Excess material
must be removed to upland areas immediately upon completion of construction. This NWP may
authorize utility lines in or affecting navigable waters of the United States, even if there is no
associated discharge of dredged or fill material (See 33 CFR Part 322).
Notification: The permittee must notify the District Engineer in accordance with General
Condition 13, if any of the following criteria are met:
a. Mechanized land clearing in a forested wetland for the utility line right-of-way;
b. A Section 10 permit is required;
c. The utility line in waters of the United States, excluding overhead lines, exceeds 500
feet;
I The utility line is placed within a jurisdictional area (i.e., a water of the United States),
and it runs parallel to a stream bed that is within that jurisdictional area;
e. Discharges associated with the construction of utility line substations that result in the
loss of greater than \1/10\ acre of waters of the United States;
2
f. Permanent access roads constructed above grade in waters of the United States for a
distance of more than 500 feet; or
g. Permanent access roads constructed in waters of the United States with impervious
materials. (Sections 10 and 404)
Note 1: Overhead utility lines constructed over Section 10 waters and utility lines that are
routed in or under Section 10 waters without a discharge of dredged or fill material require a
Section 10 permit; except for pipes or pipelines used to transport gaseous, liquid, liquescent, or
slurry substances over navigable waters of the United States, which are considered to be bridges,
not utility lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the
Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material associated
with such pipelines will require a Corps permit under Section 404.
Note 2: Access roads used for both construction and maintenance may be authorized, provided
they meet the terms and conditions of this nationwide permit. Access roads used solely for
construction of the utility line must be removed upon completion of the work and the area
restored to preconstruction contours, elevations, and wetland conditions. Temporary access roads
for construction may be authorized by Nationwide Permit 33.
Note 3: Where the proposed utility line is constructed or installed in navigable waters of the
United States (i.e., Section 10 waters), copies of the Pre-construction Notification and nationwide
permit verification will be sent by the Corps to the National Oceanic and Atmospheric
Administration, National Ocean Service, for charting the utility line to protect navigation.
NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow.
3
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound water.
Culverts placed in streams must be installed to maintain low flow conditions. -
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a'study river" for possible
inclusion in the system, while the river is in an official study status; unless the appropriate
Federal agency, with direct management responsibility for such river, has determined in writing
that the proposed activity will not adversely affect the Wild and Scenic River designation, or
study status. Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service,
Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality.
a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
4
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone '
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements. of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened
or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NUTS, both lethal and non-lethal "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
Web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfrns.noaa.gov/prot
res/overview/es.html respectively.
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Histori c Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(8)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
5
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall not begin the activity:
1. Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
2. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification must be in writing and include the
following information:
1. Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
3. Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), Regional General
Permit(s), or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
shove that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(f));
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6
6. For NWP.14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
spouse;
ii. A statement that the single-family housing activity is for a personal residence
of the permittee;
iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(f));
iv. A written description of all. land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective
permittee must either notify the District Engineer with a PCN prior to each maintenance activity
or submit a five-year (or less) maintenance plan. In addition, the PCN must include all of the
following:
L Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
7
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to'
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NWP 39 and NWP 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria of
the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
8
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic r.
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan.
The District Engineer must review the plan within 45 days of receiving a complete PCN and
determine whether the conceptual or specific proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then the District Engineer will notify the applicant either:
1. That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an Individual Permit;
2. that the project is authorized under the NWP subject to the applicant's submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
9
I that the project is authorized under the NWP with specific modifications or
conditions. Where the District Engineer determines that mitigation is required to ensure no more
than minimal adverse effects occur to the aquatic environment, the activity will be authorized _
within the 45-day PCN period. The authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of
the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: The District Engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental
effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted
to telephone or fax the District Engineer notice that they intend to provide substantive,
site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the. specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will indicate
in the administrative record associated with each notification that the resource agencies' concerns
were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act, the District Engineer will provide a response to NMFS
within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
maybe some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
10
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the US
or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US to the maximum extent practicable at the project site (i.e., on site).
b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
11
c. Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
project-specific waiver of this requirement. Consistent with National policy, the District Engineei
will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the. NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acre
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland. or upland vegetated buffers
to protect open waters such as streams; and replacing losses of aquatic resource functions and
values by creating, restoring, enhancing, or preserving similar functions and values, preferably in
the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide
on each side of the stream, but the District Engineers may require slightly wider vegetated buffers
to address documented water quality or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the Corps will determine the appropriate compensatory mitigation
(e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
12
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are`
not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce
adverse effects such as flooding or erosion downstream and upstream of the project site, unless
the activity is part of a larger system designed to manage water flows. In most cases, it will not
be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of.the US or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAH-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment.
13
a. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway, Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
14
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing of proposed Federal project.
DEFINITIONS
Best Management Practices (BMPJ: BMPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or nonstructural. A BMP policy may
affect the limits on a development.
Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
Ephemeral Stream: An ephemeral stream has flowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farm Tract: A unit of contiguous, land under one ownership that is operated as a farm or part of
a farm.
Flood Fringe: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
15
Floodway: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
Independent Utility: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Intermittent Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss o waters of the US: Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
fills that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or
change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for a
NWP; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland: An area that, during a year with normal patterns of precipitation has standing
or flowing water for sufficient duration to establish an ordinary high water mark. Aquatic
vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent.
Vegetated shallows are considered to be open waters. The term "open water" includes rivers,
streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral
waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
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Permanent Above- rade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36U.
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Rifle and Pool Complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1)
Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Single and Complete Proiect: The term "single and complete project" is defined at 33 CFR
330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. , n
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or
lake, etc., ate not separate waterbodies.
Stormwater Management: Stormwater management is the mechanism for controlling stormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding
and mitigating the adverse effects of changes in land use on the aquatic environment.
Stormwater Management Facilities: Stormwater management facilities are those facilities,
including but not limited to, sormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and/or improve the quality (i.e., by reducing the
concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
17
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland: A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Buffer: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer. can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines.
They are areas that are permanently inundated and under normal circumstances have rooted
aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular
rooted plants in freshwater systems.
Waterbodv: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE.
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters are:
18
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February_
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas
are prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (N. F'S).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated waters,
applicants must comply with Nationwide Permit General Condition 13. In addition, the applicant
must furnish a written statement of compliance with all of the conditions of the applicable
Nationwide Permit. The North Carolina designated waters that require additional notification
requirements are "Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as
defined by the North Carolina Division of Water Quality), or "Inland Primary Nursery Areas"
(IPNA) (as defined by the North Carolina Wildlife Resources Commission), or contiguous
wetlands (as defined by the North Carolina Division of Water Quality), or "Primary Nursery
Areas" (PNA) (as defined by the North Carolina Division of Marine Fisheries).
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities may not commence until a copy of the approved CAMA permit is furnished to the
appropriate Wilmington District Regulatory Field Office (Wilmington Field Office - P.O. Box
1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000, Washington, NC
27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the applicant
shall famish a written statement of compliance with all of the conditions listed of the applicable
NWP.
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
19
Mountain Boss Piedmont Bogs
Swamp Forest-Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
Southern Appalachian Bo
g (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in
or removing sediment from an area closed to shell fishing where the effluent maybe released to
an area open for shell fishing or swimming in order to avoid contamination of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand should
be used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
20
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative _
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank stabilization,
filter cloth must be placed underneath the riprap as an additional requirement of its use in North
Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Rcadw:y .
Approach FPM Batik£nIl
Culvert buried
below stzeambed
to appropriate
Stxram depth
Bottom
bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.
21
3. Additional Regional Conditions Applicable to this Specific Nationwide Permit.
a. Pipeline/utility line construction through jurisdictional waters and wetlands will be _
accomplished utilizing directional drilling/boring methods to the maximum extent practicable. l
b. Temporary discharge of excavated or fill material into wetlands and waters of the United
States will be for the absolute minimum period of time necessary to accomplish the work.
Temporary discharges will be fully contained with appropriate erosion control or containment
methods or otherwise such fills will consist of non-erodible materials.
c. The areas of waters of the United States to be disturbed will be limited to the minimum
necessary to install the utility line. The work area authorized by this permit, including temporary
access roadways and permanent fills, will be minimized to the greatest extent practicable.
Justification for work corridors exceeding forty (40) feet in width is required and will be based
on pipeline diameter and length, size of equipment required to construct the utility line, and other
construction information deemed necessary to support the request. The applicant is required to
provide this information to the Corps with the initial notification package.
d. Temporary access roadways will not span more than one-half the distance across any
waters of the United States including wetlands at any one time.
e. In areas where a sub-aqueous utility line is to cross a Federally maintained channel, (i.e.,
the Atlantic Intracoastal Waterway [AIWW]), the line will be buried at least six (6) feet below
the depth of the authorized channel. For areas outside Federally-maintained channels, sub-
aqueous lines must, be installed at a minimum depth of two (2) feet below the substrate when
such lines might interfere with navigation.
f. The minimum clearance for aerial communication lines, or any lines not transmitting
electrical power, will be ten (10) feet above the clearance required for nearby stationary bridges
as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has not established a
bridge clearance, minimum vertical clearances for power and aerial lines will not be less than
required by Section 23, Rule 232, of the latest revision of the National Electrical Safety Code
(ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI C2.
g. The clearance for an aerial line is based on the low point of the line under conditions that
produce the greatest sag, taking into consideration temperature, load, wind, length or span and
the type of supports. The minimum clearance for an aerial electrical power transmission line
shall be governed by the system voltage, as indicated below:
22
Nominal System Minimum Clearance (As Established
Voltage, kilovolt Above Bridge Clearance by the U.S. Coast Guard)
115 and below 20 feet
138 22
161 24
230 26
350 30
500 35
700 42
750 to 765 45
h. A plan to restore and re-vegetate wetland areas cleared for construction must be
submitted with the required pre-construction notification (PCN). Cleared wetland areas shall be
re-vegetated to the maximum extent practicable with native species of canopy, shrub, and
herbaceous species. Fescue grass shall not be used.
i. A pre-construction notification (PCN) shall be required for any activity impacting greater
than 1/10 acre of waters of the US, including wetlands.
Permanently cleared maintenance corridor through wetlands, and permanent fills will require
compensatory mitigation. A plan to mitigate such impacts will be submitted with the required
pre-construction notification.
j. A compensatory mitigation plan for activities under this nationwide permit will be
submitted with all required pre-construction notifications.
GC3374
1. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of General Certification and
the conditions of Nationwide 12 or Regional Permit 198100049 as appropriate. If any condition,
in this Certification cannot be met, application to and written concurrence from DWQ are
required. Also, Condition No. 6 is applicable to all streams in basins with riparian area protection
rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for
written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a
project also requires a CAMA Permit, one payment to both agencies shall be submitted and will
be the higher of the two fees;
23
3. In accordance with 15A NCAC 2H.0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside buffer mitigation may be required for any project
with Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules
or require a variance under the Buffer Rules. A determination of buffer, wetland and stream
mitigation requirements shall be made by DWQ for any Certification involving written
concurrences including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10 feet
(3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not cross a
stream channel at other than a near-perpendicular direction (i.e., stream channel crossings shall
not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank);
5. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed with no joints connected within the footprint of a stream channel or
within 2 feet of the stream banks. Otherwise, written concurrence from DWQ is required;
6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Buffer Rules in effect at the time of application)
requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233,.0259,
.0250 and .0243. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the
protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the
Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250 and .0243.
All new development shall be located, designed, constructed, and maintained to have
minimal disturbance to protect water quality to the maximum extent practicable through
the use of best management practices;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the
placement of the utility line. Riprap may only be used below the normal high water level.
The stream cross section must be restored to its original grade and elevation. Placement
of riprap or other materials shall not result in de-stabilization of the streambed or banks
upstream of downstream of the crossing;
24
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
12. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations;
14. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be minimized to
the maximum extent practicable;
15. Permanent, maintained access corridors shall be restricted to the minimum width practicable
and shall not exceed 10 feet (3 meters) in width except at manhole locations. A 10 feet (3
meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be spaced at least 500 feet
(152.4 meters) apart. Written concurrence is required if the maintenance corridor is greater than
10 feet (3 meters) wide except that a maintenance corridor larger than ten feet is acceptable for
gas pipelines as long as mitigation is provided for additional wetland fills to the maintenance
corridor beyond those widths specified in this General Certification;.
16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for
buried utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay,
PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less than 150 feet (45.7 meters) long do not require anti-
seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or less. A
section and plan view diagram is attached for the anti-seep collars; The following specifications
shall apply to class B concrete: a) Minimum cement content, sacks per cubic yard with rounded
course aggregate 5.0 b) Minimum cement content, sacks per cubic yard with angular course
aggregate 5.5 c) Maximum water-cement ratio gallons per sack 6.8 d) Slump range 2" to 4"
e) Minimum strength - 28-day psi 2,500.
25
17. This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The permittee
will have a specific plan for restoring wetland contours. Any excess material will be removed tq
a high ground disposal area;
18. 4 an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
19. Stormwater management will not be required for this Certification as long as all other
Conditions are met. However, in the twenty coastal counties, the appropriate DWQ Regional
Office must be contacted to determine if Coastal Stormwater Regulations still apply,
20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will
not be required for this Certification if written concurrence is not needed;
21. Payment of a dollar per acre figure into the Wetland Restoration Program for these impacts
is acceptable when compensatory mitigation is required as long as the Wetlands Restoration
Program agrees in writing to accept this payment. Other mitigation plans must receive written
DWQ concurrence;
22. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals;
23. Additional site-specific conditions may be added to projects for which written concurrence is
required or requested under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
24. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of the corresponding Nationwide Permit 12 or Regional Permit 198100049 whichever is sooner;
25. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
Consistent.
Citations:
2002 Nationwide Permits - Federal Register Notice 15 Jan 2002
2002 Nationwide Permits Corrections - Federal Register Notice 13 Feb 2002
2002 Regional Conditions - Authorized 17 May 2002
26
-DEC_4-2002 1333 FROM: DWW-WETLRNUS yly f SSbEiy:S
15? A r?qP
G
A
o?
q
Q ?
I u: d r1.321t?4551 tr: c! /4
I Michael F. Easley. Governor
William G. So= Jr., Secretary
Nonh Carolina DeOr ment of Environment and Natural Aesop mes
Alan Klimek. P.E..
Director
Division of water QuaMty
December 4.2002
Mecklenburg and Lincoln Counties
DWQ Project #: 02-1756
Project Name:
Transcontinental
Pipeline Repair -
Cowans Ford
Loop
APPROVAL OF 401 WATER QUALITY CERTIFICATION AND CATAWBA BUFFER RULES WITH
ADDITIONAL CONDITIONS -MODIFIED APPROVAL
Mr. David Beokmeyer
Senior Environmental Specialist
Williams Gas Pipeline-Transco
2800 Post Oak BLvd.
P.O. Box 1396
Houston, Texas 77251-1396
Dear Mr. Beokmeyer:
You have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact about 1.5 acres of wetlands and 0.48 acres of lake buffer for the emergency repair
of two existing gas pipelines at the Cowans Ford Loop site under the Catawba River (Mainline "C'
and Mainline "13"), as you described in your notification to DWO dated November 1, 2002 as based on
the revision received on November 25, 2002. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 3374. This certification allows you
to use Nationwide Permit Number 12 when the U.S. Army Corps of Engineers issues it. This approval
also is for the Water Supply Watershed Protection Rules (15A NCAC 2B .0215) and the Catawba
River Buffer rules (15A NCAC 2B .0243).
In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Sediment and Erosion Control and Non-Discharge
regulations. This approval will expire when the accompanying 404 Permit expires unless
otherwise specified in the General Water Quality Certification.
This approval is only valid for the purpose and design that you described in your notification to
DWQ except as modified below. This approval shall expire when the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you
must follow the conditions listed in the attached certification and any special or site-specific conditions
listed below.
SPECIAL CONDITIONS:
1. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate
of Completion Form" to notify DWQ that all the work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the'Division of Water Quality.
2. If you change your project, you must notify us in writing and you may be required to send us a
new application.
N. C. Olvlalon of Water Ouality. 401 Wetlands Certification Unit.
1850 btell Service Center. Raleigh, NO 27999.1450 (Malting Address)
2321 Crs.btrnm Blvd., Raleigh, NO Z76O -2260 (L ocaibn)
(919) 733.1766 (phone}, 919`733-6893 (tax). (httpllh2o.enr.state.nc,us/ncwetlands
NCUEM
,DEC-4-2002 13:33 FROM:DWM-WETLANDS 9197336893
T0:8713P154551 P:3,,4
3. If total, permanent wetland fills for this project (now or in the future) exceed one acre or
permanent stream impacts exceed 15D linear feet, then compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7)--
SITE-SPECIFIC CONDITIONS:
1. The area immediately adjacent to the work zone in the river must be monitored during. b-lasting to
determine if any fish kill occurs. If a fish kill occurs, the NO Wildlife Resources Commission must be
notified in writing with the approximate number, size and species of fish killed. A copy of this
information must also be sent to the NO Division of Water Quality (W etlands/401 Unit). The Wildlife
Resources Commission may require replacement of the fish or payment for any unavoidable fish kill.
2. DWQ must be copied on a revegetation plan to replant any woody vegetation removed in the
construction corridor within 50 feet of the shoreline of the Catawba River within 60 days of the date of
this approval. This plan must include a list of native species to be planted, sizes to be planted and a
planting schedule. If no woody vegetation is removed from the 50 foot buffer zone, then DWQ shall be
notified of this fact within 60 days of the date of this approval.
3. Written approval for the wetland monitoring plan referenced in the application must be sought from
DWQ within 60 days of the date of this approval.
4. High Quality Waters Best Management Practices for Sediment and Erosion Control must be
utilized on this site during construction.
5. All wetlands impacted by this project shalt be retumed to their existing grade. The existing topsoil down
to a depth of at least six inches shall be stockpiled. Within 7 days after the construction of the pipeline
has been completed, the impacted wetlands shall be returned to the grade which was existing prior to
impacts. Grading shall be done in a manner that results in microtopographle elevational differences.
Before the stockpiled topsoil is applied, the disturbed area shall be ripped or disked. The topsoil shall
not be compacted by machinery.
The wetland site must be monitored annually for at least 3 years and annual reports sent to DWQ
by February 1st of each year. If after the first year, the natural, existing vegetation has not returned or if
non-native and/or invasive species are predominant, the Division may determine that a planting plan is
required. If at any time after the first year the Division requests a planting plan, the plan must be
provided within 30 days. The plan must include the species and densities of the proposed plantings and
a planting schedule. The plan must be approved in writing by the Division and shall be immediately
implemented upon approval.
6. All river bed substrate overburden that can be entrained under Cowan Ford Dam release flow
conditions must be stockpiled in uplands or in the temporary overburden storage area as shown in the
plans dated November 19, 2002_ No overburden from the wetlands or uplands shall be stored in the
temporary overburden storage area.
7. Flow shall be stopped in consultation with Duke Power in the river channels during the excavation of
the new trenches in order to prevent downstream turbidity. If flow cannot be halted during excavation,
then DWQ shall be notified and authorization (verbal or written) will be required before excavation can
occur.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
DEC74-2002 13:33 FROM:DWQ-WETLANDS 9197336893 T0:87132154551 P:4,4
}
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1736 or Mike Parker
at our Mooresville Regional Office at 704-663-1699.
Sincerely, it ?bkk, Attachments: r
General Water Quality Certification
Certificate of Completion
cc: Steve Chapin, US Army Corps of Engineers Asheville Field Office
Mike Parker, Mooresville DWQ Regional Office
David Cox, NCWildlife Resources Commission
File copy
Central Files
HOU-07-2002 18:20
IWI?ll/c?1'1'1S
13AS PIPELINES
Transco
WILLIAMS-TRANSCO
FAX COVER SHEET
713 215 4551 P.01
I 1 Nov 2 2002
_i
WETL NDS GRNIiP
Q I,'j_ 1 I Y " r I!-
DELIVER FAX TO: Mr. John Dorney
FAX PHONE # (919) 733-2496
NUMBER OF PAGES FOLLOWING:
5
FAX FROM:
TELEPHONE #:
FAX #:
DATE:
Dave Beckmeyer
(713)215-2469
(713) 215-4551
November 7, 2002
RENIARM:
John,
I have attached a :request for your office to reconsider a Site Specific Cc
replacing Transco's exposed pipelines in the Catawba River. If you we
discuss this please call me at the number above, or my cell phone (713)
Thank you,
Dave
,0
edition for
uld like to
06-970x.
_ Il
fviu' /119
NOV-07-2002 18:21 WIL.LIAMS-TRANSCO 713 215 4551 P.02
IV?
GAS PI ELINE - Tra mno
28o0 Oak Houlmad (77056)
PO. 1396
Housco ,TX 77151-1396
713/21'-2000
November 7, 2002
Mr. John Dorney
North Carolina Department of Environment alzd Natural Resources
Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
RE: Transcontinental Gas Pipe Line Corporation (Transco)
Request for Reconsideration of Site Specific Condition
Replacement of Exposed Natural Gas Pipelines
36-Inch Diameter Mainline "C" and 42-Inch Diameter Mainline "D"
Mecklenburg and Lincoln Counties, North Carolina
Dear Mr. Domey:
Transcontinental Gas Pipe Line Corporation (Transco) recently determined that portio s of two of its
mainline natural gas pipelines are currently exposed, in fact suspended, in the C tawba River
approximately 0.6 mile downstream of the Highway 73 bridge on the Lincoln and ecklenburg
County lines. Transco is in the process of obtaining expedited approvals from various federal, state,
and local agencies in order to rectify the current situation as quickly as possible.
The North Carolina Department of Environment and Natural Resources -Division of ater Quality
(DWQ) was notified of the proposed removal and replacement of the 36-inch diameter Mainline "C"
and 42-inch diameter Mainline "D" river crossing segments in a letter dated Novemb 1, 2002. A
response titled "Approval of 401 Water Quality Certification and Catawba River But er Rules with
Additional Conditions" was faxed to our office on the same date. A copy of this resp r e has been
attached.
The DWQ stated in the response that Transco's proposed Catawba River pipeline replacements
qualify for General Water Quality Certification Number, 3374. In addition to the Standard
Conditions, two Special Conditions and eight Site Specific Conditions have been added to this
approval- Transco can and will abide to each of these conditions, with the exception Site Specific
Condition Number 5 which states the following:
"Any stockpiled soil, dredge spoil, blast material or other waste material mutt be placed
in upland areas rather than in wetlands, streams or within 50 feet of the Cat ba River"
NOU-07-2002 18:21 WILLIAMS-TRANSCO
713 215 4551 P.03
This condition raises technical feasibility issues due to the amount of spoil that will
during this project, which has been estimated to be 50,000 cubic yards. It would take i
10,000 truckloads to move this amount of spoil naterial out of the river and wetland
were evaluated as an alternative to trucking the material. It would take an estimated 1.
x 80') to temporarily store the spoil material; however, barges of this size cannot eve
river to access the project location. In addition, the workspace required to store I
material would also need to be enlarged, which will substantially increase the Ian
associated with the project.
This condition will also increase the amount of time during which Transco will be Y
the Catawba River. The construction activities within the Catawba River will take
eight weeks to complete, if spoil can be stored in the Catawba River and adjacent w(
Specific Condition Number 5 is not removed, the amount of time required within the
as long as 24 weeks. This extended construction period may affect local gas custoi
including Duke, Piedmont, North Carolina Natural Gas, Public Service, and others.
Removing the excavated material from the Catawba River and adjacent wetlands
approximately $2,500,000 to the project, which will nearly double the cost of
replacements.
In order to minimize impacts within the Catawba River, Transco has proposed to in
curtains across the river during periods of low or no flow, These conditions are possib
Catawba River is part of Mountain Island Lake at this location and primarily flow
releases water from Cowans Ford Dam. Transco is coordinating these discharges wi
effort to release water at night when construction is suspended. At this time, the soft n:
pulled near the bank behind a turbidity curtain or similar measure and protected fron
The wetland areas within the construction corridor consist of the Catawba River floo
Transco's maintained pipeline right-of-way, along with some adjacent areas that had
during the original pipeline installations in 1961 and 1968. The use of the wetlands t
store spoil should have minimal additional impacts, since these areas will be direr
during the trenching required for the installations of the new mainline segments.
In summary, Transco has proposed to replace two exposed pipeline segments within
River utilizing a construction method that complies with the U.S. Army Corps
Nationwide Permit Number 12 conditions, DWQ General Water Quality Certification J
Standard Conditions, DWQ Special Conditions, and the DWQ Site Specific Condit,
exception of Condition Number 5.
Site Specific Condition Number 5 will result in a significant increase in the duration of
activities in the Catawba River, require a substantial amount of additional workspace
larger disturbed area, double the cost of the project, and delay the repairs of Trans
pipelines. Therefore, Transco is respectfully requesting the removal of Site Specif
Number 5 for our proposed project.
excavated
-eas. Barges
) barges (40'
navigate the
.e additional
disturbance
ing within
roximately
ids. If Site
,T may take
operations
also add
proposed
tall turbidity
:becausethe
when Duke
i Duke in an
terial will be
the current.
plain within
can utilized
temporarily
ly impacted
Catawba
Engineers
tuber 3374
s with the
suiting in a
's exposed
Condition
NOU-07-2002 18:22
WATF9
`Qc? GG
4 1 C
Nov mber 1, 2002
Mecklenburg and Li oln Counties
DWQ Proj 02•~756
oject Name:
Tra scontinental
Pip line Repair-,
owans Ford
Loop
APPROVAL OF 401 WATER QUALITY CERTIFICATION AND CATAWBA BUFFER JULF-S WITH
ADDITIONAL CONDITIONS
Mr. David Beckmeyer
Senior Environmental Specialist
Williams Gas Pipeline - Transco
2800 Post Oak BLvd.
P.O. Box 1396
Houston, Texas 77251-1398
Dear Mt. Beckmeyer:
You have our approval, in accordance with the attached conditions and those listed elow, to
temporarily impact about 1.5 acres of wetlands and 0.48 acres of lake buffer for the erne gency repair
of two existing gas pipelines at the Cowans Ford Loop site under the Catawba River (Ma nline "C"
and Mainline "D"), as you described in your notification to DWQ dated November 1, 200 After
reviewing your application, we have decided that this till is covered by General Water Qu lity
Certification Number 3374. This certification allows you to use Nationwide Permit Numb r 12 when
the U.S. Army Corps of Engineers issues it. This approval also is for the Water Supply tershed
Protection Rules (15A NCAC 2B .0215) and the Catawba River Buffer rules (15A NCAC B.0243).
In addition, you should get any other federal, state or local permits before you go a ad with
your project including (but not limited to) Sediment and Erosion Control and Non-Discha e
-e9ulations. This approval will expire when the accompanying 404 Permit expires less
otherwise specHied in the General Walter Quality Certification.
This approval is only valid for the purpose and design that you described in your n otification w
DWQ except as modified below. This approval shall expire when the corresponding Natio nwide
Permit expires or as otherwise provided in the General Certification. For this approval to a valid, you
must follow the conditions listed in the attached certification and any special or site-speci ie conditions
listed below.
SPECIAL CONDITIONS;
t . Upon completion of the project, the applicant shall complete and return the enclose "Certfficate
of Completion Form" to notify DWQ that all the work included in the 401 Certlica n has been
completed. The responsible party shall complete the attached form and ret m it to the
401/Wetiands Unit of the Division of Water Quality_
2, If you change your project, you must notify us in writing and you may be required o send us a
new application.
N. C. Dlvlrlott of water owiity. 4o1 waftida Conftation unit.
1650 Mlle sArvioe canter, Aa)eigh, NC 27699•lefi0 (Mailing Addre")
2321 Crebtre4 Blvd.. F16100. NC 2704-2260 (Location)
(819) 733.1706 (phone), 919-7334883 (toy), (ttltp;/fi2o.enr state,nc, us/nowettands
WILLIAMS-TRANSCO
r?
713 215 4551 P.04
MI 01 P, t:C?1NYr Veu w,
wllli G. Roar Jr„ Secretary
:nvironrr land Natural Re00UMOS
North Carolina 0" t"nt of
Akan Klink. P.E.
Director
livision of writer Quality
NOU-07-2002 18:22 WILLIAMS-TRANSCO 713 215 4551 P.05
150 plineart (now or in the futur)
3. if r alnent stream mpa? exceed this
compensatory xm t ga ion may be
required as described in 15A NCAC 2H .0505 (h) (6) and (7).
SITE-SPECIFIC CONDITIONS:
1. The area immediately adjacent to the work zone in the river must be monitored durl
determine if any fish kill occurs. If a fish kill occurs, the NC Wildlife Resources Con
notified In writing with the approximate number, sire and species of fish killed. A cc
information must also be sent to the NC Division of Water Quality (Wetlands/401 Ui
Resources Commission may require replacement of the fish or payment for any uni
2. DWQ must be copied on a revegetation plan to replant any woody vegetation remc
construction corridor within 50 feet of the shoreline of the Catawba River within 60 i
this approval. This plan must include a list of native species to be planted, sizes to
planting schedule. If no woody vegetation is removed from the 50 foot buffer zone,
notified of this fact within 60 days of the date of this approval.
3. Written approval for the wetland monitoring p)an referenced in the application must
DWQ within 60 days of the date of this approval-
4. High Quality Waters Best Management Practices for Sediment and Erosion C
utilized on this site during construction.
5. Any stockpiled soil, dredge spoil , blast'material or other waste material must be p
areas rather than in wetlands, streams or within 50 feet of the Catawba River (buffs
6. An application fee of $475 for this Certification must be received by DWQ within
date of this approval. Seven copies of the completed Pre-Construction Applica
accompany this fee. The DWQ project number (02--1756) must be referenced on V
If you do not accept any of the conditions of this certification, you may ask for a
hearing. You must act within 60 days of the date that you receive this letter, To ask
send a written petition, which conforms to Chapter 1508 of the North Carolina General,
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 2769
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Duality under Section 40
Water Act. If you have any questions, please telephone John Dorney at 91 9-733-1 786 1
at our Mooresville Regional Office at 704663-1699.
Attachments:
General Water Quality Certification
Certificate of Completion
cc: Steve Chapin, US Army Corps of Engineers Asheville Field Office
Mike Parker, Mooresville DWQ Regional Office
David Cox, NC Wildlife Resources Commission
File copy
Central Files
blasting to
scion must be
of this
The Wildlife
)Idable fish kill.
d in the
rs of the date of
planted and a
en DWQ shall be
sought from
must be
red in upland
:one).
I days of the
n form must
application.
adjudicatory
,r a hearing,
atutes to the
5714. This
of the Clean
Mike Parker
TOTAL P.05
Sincerely,
Willis s.
GAS PIPELINE -Transco
2800 Post OA Boulevard (77056)
P0. Box 1396
Houston, TX 77251-1396
713/215-2000
November 7, 2002
Mr. John Donicy
North Carolina Department of Environment and Natural Resources 1 ?' ?4 ??; 1) f
Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
TLA1Y
RE: Transcontinental Gas Pipe Line Corporation (Transco) W UAL?TYSL?TI-?I?
Request for Reconsideration of Site Specific Condition
Replacement of Exposed Natural Gas Pipelines
36-Inch Diameter Mainline "C" and 42-Inch Diameter Mainline "D"
Mecklenburg and Lincoln Counties, North Carolina
Dear Mr. Dorney:
Transcontinental Gas Pipe Line Corporation (Transco) recently determined that portions of two of its
mainline nat4ral gas pipelines are currently exposed, in fact suspended, in the Catawba River
approximately 0.6 mile downstream of the Highway 73 bridge on the Lincoln and Mecklenburg
County lines. Transco is in the process of obtaining expedited approvals from various federal, state,
and local agencies in order to rectify the current situation as quickly as possible.
The North Carolina Department of Environment and Natural Resources - Division of Water Quality
(DWQ) was notified of the proposed removal and replacement of the 36-inch diameter Mainline "C"
and 42-inch diameter Mainline "D" river crossing segments in a letter dated November 1, 2002. A
response titled "Approval of 401 Water Quality Certification and Catawba River Buffer Rules with
Additional Conditions" was faxed to our office on the same date. A copy of this response has been
attached.
The DWQ stated in the response that Transco's proposed Catawba River pipeline replacements
qualify for General Water Quality Certification Number 3374. In addition to the Standard
Conditions, two Special Conditions and eight Site Specific Conditions have been added to this
approval. Transco can and will abide to each of these conditions, with the exception of Site Specific
Condition Number 5 which states the following:
"Any stockpiled soil, dredge spoil, blast material or other waste material must be placed
in upland areas rather than in wetlands, streams or within 50 feet of the Catawba River"
This condition raises technical feasibility issues due to the amount of spoil that will be excavated
during this project, which has been estimated to be 50,000 cubic yards. It would take approximately
10,000 truckloads to move this amount of spoil material out of the river and wetland areas. Barges
were evaluated as an alternative to trucking the material. It would take an estimated 150 barges (40'
x 80') to temporarily store the spoil material; however, barges of this size cannot even navigate the
river to access the project location. In addition, the workspace required to store the additional
material would also need to be enlarged, which will substantially increase the land disturbance
associated with the project.
This condition will also increase the amount of time during which Transco will be working within
the Catawba River. The construction activities within the Catawba River will take approximately
eight weeks to complete, if spoil can be stored in the Catawba River and adjacent wetlands. If Site
Specific Condition Number 5 is not removed, the amount of time required within the river may take
as long as 24 weeks. This extended construction period may affect local gas customer operations
including Duke, Piedmont, North Carolina Natural Gas, Public Service, and others.
Removing the excavated material from the Catawba River and adjacent wetlands will also add
approximately $2,500,000 to the project, which will nearly double the cost of the proposed
replacements.
In order to minimize impacts within the Catawba River, Transco has proposed to install turbidity
curtains across the river during periods of low or no flow. These conditions are possible because the
Catawba River is part of Mountain Island Lake at this location and primarily flows when Duke
releases water from Cowans Ford Dam. Transco is coordinating these discharges with Duke in an
effort to release water at night when construction is suspended. At this time, the soft material will be
pulled near the bank behind a turbidity curtain or similar measure and protected from the current.
The wetland areas within the construction corridor consist of the Catawba River floodplain within
Transco's maintained pipeline right-of-way, along with some adjacent areas that had been utilized
during the original pipeline installations in 1961 and 1968. The use of the wetlands to temporarily
store spoil should have minimal additional impacts, since these areas will be directly impacted
during the trenching required for the installations of the new mainline segments.
In summary, Transco has proposed to replace two exposed pipeline segments within the Catawba
River utilizing a construction method that complies with the U.S. Army Corps of Engineers
Nationwide Permit Number 12 conditions, DWQ General Water Quality Certification Number 3374
Standard Conditions, DWQ Special Conditions, and the DWQ Site Specific Conditions with the
exception of Condition Number 5.
Site Specific Condition Number 5 will result in a significant increase in the duration of construction
activities in the Catawba River, require a substantial amount of additional workspace resulting in a
larger disturbed area, double the cost of the project, and delay the repairs of Transco's exposed
pipelines. Therefore, Transco is respectfully requesting the removal of Site Specific Condition
Number 5 for our proposed project.
Should you have any comments or questions, please call me at (713) 215-2502, or David
Beckmeyer at (713) 215-2469.
Sincerely,
Floyd J. Ball
Director, Environment Health, and Safety
Cc: James Shannon - Director, Charlottesville Division
NUV-,l-=UU'C lu. is ('mul'l; UWIV-WC I LHNU5 717 (JJbb7J
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I William G, Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resoumes
Alan Klimek, P.E..
Director
Division of water Quality
November 1, 2002
Mecklenburg and Lincoln Counties
DWQ Project #: 02-1756
Project Name:
Transcontinental
Pipeline Repair -
Cowans Ford
Loop
APPROVAL OF 401 WATER QUALITY CERTIFICATION AND CATAWBA BUFFER RULES WITH
ADDITIONAL CONDITIONS
Mr. David Beckmeyer
Senior Environmental Specialist
Williams Gas Pipeline - Transco
2800 Post Oak Blvd.
P.O. Box 1396
Houston, Texas 77251-1396
Dear Mr. Beckmeyer:
You have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact about 1.5 acres of wetlands and 0.48 acres of lake buffer for the emergency repair
of two existing gas pipelines at the Cowans Ford Loop site under the Catawba River (Mainline "C"
and Mainline "D"), as you described in your notification to DWQ dated November 1, 2002. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3374. This certification allows you to use Nationwide Permit Number 12 when
the U.S. Army Corps of Engineers issues it. This approval also is for the Water Supply Watershed
Protection Rules (15A NCAC 25 .0215) and the Catawba River Buffer rules (15A NCAC 213.0243).
In addition, you should get any other federal, state or local permits before you go ahead with
your ,project including (but not limited to) Sediment and Erosion Control and Non-Discharge
regulations. This approval will expire when the accompanying 404 Permit expires unless
otherwise specified in the General Water Quality Certification.
This approval is only valid for the purpose and design that you described in your notification to
DWQ except as modified below. This approval shall expire when the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you
must follow the conditions listed in the attached certification and any special or site-specific conditions
listed below.
SPECIAL CONDITIONS:
1. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate
of Completion Form" to notify DWQ that all the work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the Division of Water Quality.
2. If you change your project, you must notify us in writing and you may be required to send us a
new application.
FAW
N. C. Dlvlslon of Water Quality. 401 Wetlands Certification Unit.
1650 Mall Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crtibtrem Blvd., Raleigh, NC 276042260 (Locytion)
(919) 733.1786 (phone), 919-733-6893 (tex), (http;//h2o.enr,state.nc.usInoweilands
HOV',;1-2002 10:18 FROM:DWQ-WETLANDS 9197336893
TO:e7132154551 P:3/3
3. If total, permanent wetland fills for this project (now or in the future) exceed one aore or
permanent stream impacts exceed 150 linear feet, then compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7).
SITE-SPECIFIC CONDITIONS-
1 . The area immediately adjacent to the work zone in the river must be monitored during blasting to
determine if any fish kill occurs. If a fish kill occurs, the NC Wildlife Resources Commission must be
notified in writing with the approximate number, size and species of fish killed. A copy of this
information must also be sent to the NC Division of Water Quality (Wetlands/401 Unit). The Wildlife
Resources Commission may require replacement of the fish or payment for any unavoidable fish kill.
2. DWQ must be copied on a revegetation plan to replant any woody vegetation removed in the
construction corridor within 50 feet of the shoreline of the Catawba River within 60 days of the date of
this approval. This plan must include a list of native species to be planted, sizes to be planted and a
planting schedule. If no woody vegetation is removed from the 50 foot buffer zone, then DWQ shall be
notified of this fact within 60 days of the date of this approval.
3. Written approval for the wetland monitoring plan referenced in the application must be sought from
DWQ within 60 days of the date of this approval.
4. High Quality Waters Best Management Practices for Sediment and Erosion Control must be
utilized on this site during construction.
5. Any stockpiled soil, dredge spoil , blast material or other waste material must be placed in upland
areas rather than in wetlands, streams or within 50 feet of the Catawba River (buffer zone).
6. An application fee of $475 for this Certification must be received by DWQ within 30 days of the
date of this approval. Seven copies of the completed Pre-Construction Application form must
accompany this fee. The DWQ project number (02-1756) must be referenced on the application.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 1506 of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Mike Parker
at our Mooresville Regional Office at 704-663-1699.
Sincerely,
1a . Klimek, i.v
Attachments:
General Water Quality Certification
Certificate of Completion
cc: Steve Chapin, US Army Corps of Engineers Asheville Field Office
Mike Parker, Mooresville DWQ Regional Office
David Cox, NC Wildlife Resources Commission
File copy
Central Files
?s
November 1, 2002
Mr. John Dorney
North Carolina Department of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Blvd, Ste 250
Raleigh, NC 27604
Willis s
GAS PIPELINE - Transco
2800 Post Oak Boulevard (77056)
PO. Box 1,396
Houston, TX 77251-1396
713/215-2000
RE: Transcontinental Gas Pipe Line Corporation (Transco)
Proposed Replacement of Exposed Pipelines in Catawba River
Cowans Ford Loop, 36-Inch Diameter Mainline "C" and 42-Inch Diameter "D"
Mecklenburg and Lincoln Counties, North Carolina
Dear Mr. Dorney:
During a recent Transcontinental Gas Pipe Line Corporation (Transco) aerial inspection, an
apparent exposure of the 42-inch diameter Mainline "D" was reported in the Catawba River.
Transco owns and operates two natural gas pipelines, the aforementioned Mainline "D" and the
36-inch diameter Mainline "C", within a single maintained right-of-way at this location.
Transco's pipelines cross the Catawba River approximately 0.6 miles downstream of the
Highway 73 bridge and span the Mecklenburg/Lincoln County Line. This area has been identified
on an excerpt of the Lake Norman South, NC USGS quadrangle, which has been enclosed for
your review.
Following the aerial observations, an on-site inspection was conducted that included the use of
divers. During this inspection, Transco confirmed the exposure of Mainline "D" and also
determined that Mainline "C" was exposed. Portions of both of these pipelines are suspended
above the bottom of the river. Transco has been monitoring the exposed pipeline segments to
ensure that their operation is in compliance the Federal Department of Transportation regulations
as set forth in CFR 49 Part 192 -Transportation of Natural and Other Gas by Pipeline: Minimum
Federal Safety Standards.
Transco has assessed the Mainline "C" and "D" exposures in the Catawba River and determined
that these segments should be removed, the existing trenches deepened, and new pipeline
segments should be installed immediately. It is expected that work on Mainline "D" will be
performed prior to Mainline "C" and will begin with the fabrication of the replacement section on
the east bank of the river. This process is expected to take four weeks to complete. As the
fabrication is being completed, the riverbanks will be graded on both sides to expose the on shore
portion of pipeline and provide equipment access to the river. Using equipment on barges, the
remaining cover over Mainline "D" in the river will be removed at which time this pipeline
segment will be ready for removal. The in river equipment (barges, boats, etc.) required for this
project will be adequately secured when unattended to prevent them from leaving the work area
should there be a release from the dam upstream.
Upon removing the existing Mainline "D" river crossing section, the trench will need to be
deepened. This is required in order to install the pipeline within the rock substrate in the river
bottom. It is expected that this process will require blasting. The contractor will be required to
detonate a scare charge prior to any blasting in order to minimize impacts to aquatic species in the
immediate vicinity of the project area. After an initial onshore hydrotest, the new pipeline section
will be lowered into the trench, where it will be hydrotested again prior to backfilling the trench to
pre-construction contours. Riprap will be used in this phase to minimize future pipeline
exposures. The hydrotesting procedure will require four withdrawals, with a cumulative volume
of approximately 250,000 gallons, of water from the Catawba River. After Mainline "D" is
replaced, the entire process will then be duplicated for Mainline "C". Upon completion of both
pipeline installations, the riverbanks will be restored and stabilized with articulated concrete mats
as depicted in the drawings.
In order to conduct this work, approximately 1.5 acres of wetlands will be temporarily impacted.
The workspace in the wetlands consists primarily of Transco's maintained right-of-way along
with some adjacent areas that had been utilized during the original installation of these pipelines.
All wetland impacts will be temporary, and there will be no loss of wetlands as a result of this
project. Since the 0.16 acre of forested wetland will be cut at ground level, the trees will sprout
from the roots and become reestablished over time.
Transco is proposing to minimize the impacts to wetlands by the following:
• Limit the amount of workspace to that which is absolutely necessary to remove
the existing pipelines and install the replacement segments.
• Strip 12-inches of topsoil from the wetland area in non-wooded areas
• Cut trees within the wetlands at ground level, leaving roots intact
• Work off of mats in the wetland areas
• Restore topography to pre-construction contours
• Monitor the wetlands to ensure successful revegetation
In addition to minimizing impacts to wetlands, Transco will further minimize construction
impacts within the river by utilizing a turbidity curtain during conditions of no/very low flow.
Transco is coordinating the releases from Cowans Ford Dam with Duke Energy and expects
no/very low flow conditions are to be present during most of the construction process. The river
bottom will be restored to pre-construction contours.
Transco is proposing to replace the two pipeline segments as soon as possible. We are requesting
U.S. Army Corps of Engineers Nationwide Permit 12 authorization to conduct this work, for
which 401 Water Quality Certification is pre-approved. The U.S. Army Corps of Engineers has
requested written concurrence from your office that our project will comply with these
regulations. I have attached copies of responses from the U.S. Fish and Wildlife Service and the
State Historic Preservation Office. I expect to receive similar correspondence from the NC
Wildlife Resources Commission later today. Transco is planning to start construction as soon as
all of the necessary permits and approvals are obtained
We greatly appreciate your expedited review of this project. Your response can be faxed to my
attention at (713) 215-4551. If you have any questions, please call me (713) 215-2469.
Sincerely,
David R. Beckmeyer
Sr. Environmental Specialist
Enclosure
Cc: Mike Parker, NCDENR-Division of Water Quality
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DRAWING NO. REFERENCE TITLE TRANSCONTINENTAL GAS PIPE LINE CORPORATION
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M.P. 2.43 GAS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHIPS
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NO. DATE BY REVISION DESCRIPTION W.O. 140. CW APP. DRAWN BY: MAR DATE 09-06-02 ISSUED FOR BID: SCALE: SHOWN
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United States Department of the Interior
FISH AND WILDLYFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
November 1, 2002
OPTIONAL FORM 99 (7 9o)
Mr. David R. Beckmeyer
Sr. Environmental Specialist
Williams Gas Pipeline - Transco
2800 Post Oak Boulevard
Houston, Texas 77056
Dear Mr. Beckmeyer:
FAX TRANSMITTAL
To ".
-11-31A.15-4551
From
11 of p?9ac 0.
fQ oo1
ff.l.? 6x -3.1
Subject: Replacement of Exposed Gas Pipelines in the Catawba River, Lincoln and Mecklenburg
Counties, North Carolina
In your letter dated October 22, 2002, you requested our comments with regard to the subject project.
The following comments are provided in accordance with the provisions of the Fish and Wildlife
Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531-1543) (Act).
Endangered Species. According to our records and a review of the information you provided, no listed
species or their habitats occur on the site. We concur with your determination that the proposed project
will not affect endangered or threatened species and their habitats. Therefore, we believe the
requirements under Section 7 of the Act are fulfilled. However, obligations under Section 7 of the Act
must be reconsidered if. (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this action is subsequently
modified in a manner that was not considered in this review, or (3) a new species is listed or critical
habitat is determined that may be affected by the identified action.
Erosion Control. Given the proximity of the project to aquatic environments, we want to emphasize
that stringent sedimentation- and erosion-control measures should be implemented prior to ground
disturbance and should be maintained throughout project construction.
Thank you for allowing us to comment on this project. Please contact Mr. Mark Cantrell of our staff at
828/258-3939, Ext. 227, if you have any questions. In any future correspondence concerning this
project, please reference our Log Number 4-2-02-474.
Sincerely,
Brian P. Cole
State Supervisor
10/31/2002 13:22 NC STATE HISTORIC PRESERVATION 4 713 215 4551
f arm h6 I
?P
North Carolina Department of Cultural Resources
State Ifistorlc Preservation Mee
David L. S. Brook, Adminisnutor
Michael!:. Easley, Govcmor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretory
October 31, 2002
James D. Bloernker
Williams Gas Pipeline -Transco
1'0 Box 1396
Houston Texas 77251-1396
NO.389
Division of Historical Resources
David 1. Olson, Director
Re: Proposed Replacement of L-yosed Pipelines in Catawba River. Cowmis Ford Loop, 36-inch
diameter rn,=Jine "C" and 42-inch dimneter. "D",
Mecklenburg and Lincoln Counties, J:,R 02-1.1300
Dear Blocmker.
Thank you for your letter of October 22, concerning the above project..
We have conducted a review of the proposed imdertaking and are awAre of no historic resources
which would be affected. by the project. Thtrefore, we have no comment on the undertaking as
proposed.
The above comments are made pursuant to Section 106 of the National T-iistorie Preservadon Act
and the Advisory Council on Historic Preservation's Reptlations for Compliance with Section 106
codified At 36 U R Part $00.
Thank you for your cooperation nand conskleaation. If you have questions concerning the above
comment, contact Renee Gleclh&Earley, environmenrll review coordinator, at 919/733-4763. In all
future communication concerning this project, please ate d1e above referenced tracking number.
Sincerely,
David Brook V_--re
DB:kgc
Administration
Restoration
Survey & Planning
Location
507 N. Blount St, Itoleigh, NC
515 N. Mount St, Rnlcigh , NC
515 N. Blount St, Raleigh, NC
Mailing Addre" Tolephono/Fox
4617 Mail Service Center, Raleigh 27699.4617 (919) 733.4763 9733-8653
4613 Moil Service Cencor, Ralcigh 27699-4613 (919) 733.6547.715-4801
4619 MAil Service Center, Raleigh 17699-461 R (919) 7334763 •715-4801
D01
NOV 08 '02 09:25AM
HOU-07-2002 18:20
W I Li_ I AmS-TRANSCO
P.1%5
713 215 45SI P.01
r11S ? ?
?Irllra .? u
GAS PIPELINES
7ransea
Q Ce
FAX COVER SHEET 6T L ?
DELIVER FAX TO: Mr. John Durney
FAX. PHONE # (919) 733-2496
NUMBER OF PAGES FOLLOW1NCr: 5
FAX "FROM: Dave Beckmyer
TELEPHONE #: (713)215-2469
FAX #: (713) 215-4551
DATE: November 7, 2002
11?A?RI?S:
John,
I have attached a request for your office to reconsider a Site Specific
replacing Transco's exposed pipelines in the Catawba River. If you
discuss this please call me at the number above, or my cell phone (713
Thank you,
Dave
Eox
to
NOV 08 '02 09:25AM
NUV-t `.17-20132 113: 21
Novg=ber 7, 2002
W I L .L I R-IS-TRANSCO
Mr. John Dorney
North Carolina Department of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
RE: Transcontinental Gras Pipe Line Corporation (Transco)
Request for Reconsideration of Site Specific Condition
Replacement of Exposed Natural Gas pipelines
36-luch Diameter Mainline "C" and 42-Inch Diarneter Mainline "D„
Mtxklenburg and Lincoln Counties, North Carolina
Dear Mr. Dorney:
P. 2'5
713 215 4551 P.02
GAS
26M
PO.1
713121
Transcontinental Gas Pipe Line Corporation (Transco) rectutly determined 11711 portioi
mainline natural gas pipelines are currently exposed, in fact suspended, in the C
approximately 0.6 mile downstream of the Highway 73 bridge on the Lincoln and
County lines. Transco is in the process of obtaining expedited approvals from various
and local agencies in order to rectify the current situation as quickly as possible.
The North Carolina bcpartanent of Environment and Natural Remurm - Division
(DWQ) was notified oftho proposed removal and replacement of the 36-imb, diam(
and 42-inch diameter Mainline "D" river crossing segments in a letter dated Nove
response titled "Approval of 401 Water Quality Certification and Catawba River F
Additional Conditions" was faxed to our office on the sarne daze. A copy of this r,
attached,
am -16"M
Otk gaukvatd (?7056)
1396
TX 77251-1396
of two of its
awba River
State,
'ater Cary
[ainline "C"
1, 2002. A
r Mules with
Ise has been
The DWQ stated in the response that Transco's proposed Catawba River pipeline eplacements
qualify for General Water Quality Certification Number 3374. In addition to the Standard
Conditions, two Special Conditions and eight Site Specific Conditions have been added to this
approval- Transco can and will abide to each of theso conditions, with the mc:eption Site Specific
Condition. Number 5 which states the following:
"Any stockpiled soil, dredge spoil, blast material or other waste material mu t be planed
in upland areas rather than in wetlands, streams or within 50 feet of the Cat ba Rives."
NOV 08 102 09:26AM
, NOU-07-2002 18;21 W I LJ- I AMS-TRANSCO
P.3/5
713 215 455:1 P.03
This condition raises technical feasibility issues due to the amount of spoil that will a excavated
during this project, which has been estimated to be 50,000 cubic yards. It would take proximately
10,000 truckloads to move this amount of spoil material out of the river and wetland eas. '.barges
were evaluated as an alternative to trucking the material. It would take an estimated 15 barges (40'
x 80') to temporarily store the spoil material, however, barges of this size cannot even navigate the
river to access the project location. hi addition, the workspace required to store t e additional
material would also need to be enlarged, which; will substantially increase the lan disturbance
associated with the project.
This condition will also increase the amount of time during which Transco will be w rking within
the Catawba River. The construction activities within the Catawba River will take gq proximately
eight weeks to complete, if spoil can be stored in the Catawba River and adjacent wet ands. If Site
Specific Condition Number 5 is not removed, the amount of time required within the er may tape
as long as 24 weeks. This extended construction period may affect local gas cu.stol r operations
including Duke, Piedmont, North Carolina Natural Gras, Public Service, and others.
Removing the excavated material from the Catawba River and adjacent wetlands ill also add
approximately $2,500,000 to the project, which will nearly double the cost of a proposed
replacements.
In order to minimize impacts within the Catawba River, Transco has proposed to " I turbidity
curtains across the river during periods of low or no flow, These conditions are possib because the
Catawba River is part of Mountain Island Lake at this location and primarily flow when Duke
releases water from Cow=s Ford Dam. Transco is coordinating these discharges wit i Duke in an
effort to release water at night when construction is suspended. At this time, the soft ni 'al will be
pulled near the bank behind a turbidity curtain or similar measure and protected fro the current.
The wetland areas within the construction corridor consist of the Catawba River fl lain within
Transco's maintained pipeline right-of-way, along with some adjacent areas that had een utilized
during the original pipeline installations in 1961 and 1968. The use of the wefdands temporarily g,5"
store spoil should have minimal additional impacts, since these areas will be dire ly impaoted
during the trenching required for the installations of the new mainline segments.
e Catawba
In summary, Tramoo has proposed to replace two exposed pipeline segments withi'f
River utilizing a construction method that complies with the U.S. Army Corps Engineers
Nationwide Peanit Number 12 conditians, DWQ General Water QualityCertification mber 3374
Standard Conditions, DWQ Special Conditions, and the DWQ Site Specific Condit s with the
exception of Condition Number 5.
Site Specific Condition 'Lumber 5 will result in a significant increase in the duration of
activities in the Catawba Wvemr, require a substantial amount of additional workspace
larger distiubed area, double the cost of the project, and delay the repairs of Trans
pipchries. Therefore, Transco is respectfully requesting the removal of Site Specie
Number 5 for our proposed project.
salting iD a
's exposed
Condition
NOV 08 '02 09:27AM
NOU-07-2002 18:27
lop,
y
y ?
o V
.r .
Nov er 1, 2002
Mecklenburg and LI fjoi4sct n Counties
1700 Pro#: 02.1756
Name:
no Repair-
)vans Ford
Loop
ULIMS W1YHI
AIpoPROVAI. OP 401 WATER QUA UTY CERTIFICATION AND ICATAWBA BUFFER I
ADDITIONAL CONDITIONS Mr. David Becl(m eyer
Senior Environmentai Spedalis7
YY Mama Gas Pipeline - Transco
21300 Post Oak OLvd.
P.,O. Box 1396
Houston, Texas 77251-1396
Dear Mt. Backmeyer.
You have our approval, in accordance with the attached conditions and Those listed
temporarily inVact about 1.5 acres of wetlands and 0.48 acres of lake buffer for the sme
o1` two existing gas pipeilinas at the Cowans Ford Loop site under the Catawba River (Ma
and Mainline I)"). as you described in your notification to DWQ dated November 1, 200
reviewing your application, we have decided that this fill is covered by General Water Qu
Certification Number 33'74.. This certification allows you to use Nationwide Permit Numb
the U.S. Army Corps of Enginears issues it. This approval also is for the Water Supply V%
Pootection Rules (15A NCAC 2B .0215) and the Catawba River Buffer rules (15A NCAC
In addition, you should get any other fedaral, state or local permits before you go at
your project including (but not limited to) Sedimern and Erosion Control and Non-Dischar
regulations. This approval will expirewhen the accompanying 404 Permit expires u
otherwise specified in the General Walter duality Cer0cation.
This approval is only valid for the purpose and design that you described in your n
ONO except as modified below. This approval shall expire when the corresponding Natii
Permit expires or as otherwise provided in the General Certification. For this approval to
must follow the conditions listed in the attached certification and any special or site-speci
listed below.
SPECIAL CONDITIONS;
I . Upon completion of the projea, the applicant "I complete and return the enckm
of Cornplation Form" to notify DWQ that all the work included in the 401 Certifical
completed. The responsible party shall complete the attached form and ret
401/Wetlands Unit of the Division of Water Quality.
•2, It you change your project, you must notify us in writing and you may be required
new application.
N. C. Dh!ulen of Wamw0wllty. 441 WoUrd+ Csr*fkadw unk
16,70 Mau S!rvift Canur, AA*nO-, NC 27699.16M (Mfti6np Addrats)
2321 C41MW BW-. ROK40".14C 2?SU,'QW (Lam%an)
(919) 733-1796 (phone). 91$-733-61393 (tee, (http,Nh2e.?rstaterl? us/ncwstbrds
W I LL I AMS-°Tr6)HSC0
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North c oirm Oepe,rvwt 01
P.4/5
713 215 4551 P.04
M el r. Choy. mom. ??,
W1livwm G. Ro94 Jr„ S"Oo Tory
:nvUaxn and Nawral RosoUioes
atan Khrisk. P.E.
i) "Wor
of Wger 00lity
Plow, to
fancy repair
ilirte "G"
After
12 when
.0248).
1 with
to
valid, you
conditions
"Certlf1cme
n has been
9 it to the
send us a
+Wj'
NOV 08 '02 09 27Rh1 •'
P.5/5
N00-417-2002 18=22 WILLIAMS-TRANSCO 71:3 21> 4551 P.05
Went wetland fills for this project (now or in the future) exceed ne aors or
it total, partite rnit' ion may be
permanertt stream imptacts exceed 150 linear feet, then compensatory y
required as described in 1 SA NCAC 2H .0506 (h) (6) and (7)•
.3CTE-SPECIFIC coNDtT1bNS:
1. The area immediately adjacent to the work zone in the river must be monitored durl
determine if any fish kill occurs. if a fish Kill occurs, the NC Wildlife Re50UrceS Corr
notified in writing with the approximate number, siza and species of fish killed. A cc
information must aim be sent to the NC Division of Water Quality (Wetlands/401 Ur
Resou roes Commission may require replacernent of the fish or payment for any un,
2. DWO must be copied on a revegatation plan to replant any woody vegetation rem[
construction corridor within So feet of the shoreline of the Catawba River within 60 r
this approval. This plan must irtcludea?lo t of
Is removed species to be
the 54 foot butl6 ?ar?ne,
planting schedule. It no woody ve.g
notified of this fact within 60 days of the date of this approval. must
3. Written approval for the wetland monitoring plan referenced in the application
DWQ within 60 days of the date of this approval.
4 High Quality Waters Best Management Practices for Sediment and Erosion C
utilized on this site during construction.
5 Any stockpiled soil, dredge spoil. blastvateriat ar other waste material must be p
areas rather than in wetlands, streams or withirt 50 feet of the Catawba River (Much
6. An application fee of $473 for this Certification must be received by DWQ within
data of this approval. Seven copies of the completed Pre-Construction Applica
accompany this fee. The DWQ project number (02-1756) must be referenced on U
if you do not anew any of the conditions of this certification, you may ask fOr all
hearing. you must act within 60 days of the date that you receive this "or, To ask
send a written petition, which oonfdnns to Chapter 1508 of the North Carolina General C
Office of Administrative Hearings. 6714 Mail Servfce Center, Raleigh, N.C. 27691
certification and its conditions are final and binding uNess you ask for a hearing.
This letter completes the review of the Division of Water Cuality under Section 40'
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 c
at our Mooresville Regional Office at 704-663-1699.
Attachments: `
General Water Quality Certification
Conlficate of Completion
ca: Steve Chapin, US Army Carpa of gineers Asheville Field Office
Mike Parker, Mooresville DWQ Regional tffice
David Cox, NC Wildlife Resouroes Commission
File copy
Central Files
blasting to
9sion must be
of this
The Wildlife
idable fish kill.
d in the
a of the date of
planted and a
an DWQ shall be
sought from
must be
*d in upland
rone).
i days of the
n form must
application.
adjudicatory
1r a heating,
atutes to the
5714. This
of the Clean
Mike Parker
TOTAL P. 05
Sincerely,
o?o? W a r-9p?
O Y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E..
Director
Division of Water Quality
December 4. 2002
Mecklenburg and Lincoln Counties
DWQ Project #: 02-1756
Project Name: Transcontinental Pipeline Repair -Cowans Ford Loop
APPROVAL OF 401 WATER QUALITY CERTIFICATION AND CATAWBA BUFFER RULES WITH
ADDITIONAL CONDITIONS - MODIFIED APPROVAL
Mr. David Beckmeyer, Senior Environmental Specialist
Williams Gas Pipeline - Transco
2800 Post Oak Blvd.
P.O. Box 1396
Houston, Texas 77251-1396
Dear Mr. Beckmeyer:
You have our approval, in accordance with the attached conditions and those listed below, to temporarily
impact about 1.5 acres of wetlands and 0.48 acres of lake buffer for the emergency repair of two existing gas
pipelines at the Cowans Ford Loop site under the Catawba River (Mainline "C" and Mainline "D"), as you
described in your notification to DWQ dated November 1, 2002 as based on the revision received on November
25, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3374. This certification allows you to use Nationwide Permit Number 12 when the U.S.
Army Corps of Engineers issues it. This approval also is for the Water Supply Watershed Protection Rules (15A
NCAC 2B .0215) and the Catawba River Buffer rules (15A NCAC 213 .0243).
In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control and Non-Discharge regulations. This approval will
expire when the accompanying 404 Permit expires unless otherwise specified in the General Water
Quality Certification.
This approval is only valid for the purpose and design that you described in your notification to DWQ
except as modified below. This approval shall expire when the corresponding Nationwide Permit expires or as
otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions
listed in the attached certification and any special or site-specific conditions listed below.
SPECIAL CONDITIONS:
1. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality.
2. If you change your project, you must notify us in writing and you may be required to send us a new
application.
3. If total, permanent wetland fills for this project (now or in the future) exceed one acre or permanent
stream impacts exceed 150 linear feet, then compensatory mitigation may be required as described in
15A NCAC 2H.0506 (h) (6) and (7).
SITE-SPECIFIC CONDITIONS:
1. The area immediately adjacent to the work zone in the river must be monitored during blasting to determine if any
fish kill occurs. If a fish kill occurs, the NC Wildlife Resources Commission must be notified in writing with the
approximate number, size and species of fish killed. A copy of this information must also be sent to the NC
Division of Water Quality (Wetlands/401 Unit). The Wildlife Resources Commission may require replacement of
the fish or payment for any unavoidable fish kill.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
2. DWQ must be copied on a revegetation plan to replant any woody vegetation removed in the construction
corridor within 50 feet of the shoreline of the Catawba River within 60 days of the date of this approval. This plan
must include a list of native species to be planted, sizes to be planted and a planting schedule. If no woody
vegetation is removed from the 50 foot buffer zone, then DWQ shall be notified of this fact within 60 days of the
date of this approval.
3. Written approval for the wetland monitoring plan referenced in the application must be sought from DWQ within
60 days of the date of this approval.
4. High Quality Waters Best Management Practices for Sediment and Erosion Control must be utilized on this
site during construction.
5. All wetlands impacted by this project shall be returned to their existing grade. The existing topsoil down to a depth
of at least six inches shall be stockpiled. Within 7 days after the construction of the pipeline has been completed,
the impacted wetlands shall be returned to the grade which was existing prior to impacts. Grading shall be done in
a manner that results in microtopographic elevational differences. Before the stockpiled topsoil is applied, the
disturbed area shall be ripped or disked. The topsoil shall not be compacted by machinery.
The wetland site must be monitored annually for at least 3 years and annual reports sent to DWQ by February
1" of each year. If after the first year, the natural, existing vegetation has not returned or if non-native and/or
invasive species are predominant, the Division may determine that a planting plan is required. If at any time after
the first year the Division requests a planting plan, the plan must be provided within 30 days. The plan must
include the species and densities of the proposed plantings and a planting schedule. The plan must be approved
in writing by the Division and shall be immediately implemented upon approval.
6. All river bed substrate overburden that can be entrained under Cowan Ford Dam release flow conditions must be
stockpiled in uplands or in the temporary overburden storage area as shown in the plans dated November 19,
2002. No overburden from the wetlands or uplands shall be stored in the temporary overburden storage area.
7. Flow shall be stopped in consultation with Duke Power in the river channels during the excavation of the new
trenches in order to prevent downstream turbidity. If flow cannot be halted during excavation, then DWQ shall be
notified and authorization (verbal or written) will be required before excavation can occur.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,
which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
arld binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-1786 or Mike Parker at our Mooresville
Regional Office at 704-663-1699.
Sincerely,
Attachments:
General Water Quality Certification
Certificate of Completion
cc: Steve Chapin, US Army Corps of Engineers Asheville Field Office
Mike Parker, Mooresville DWQ Regional Office
David Cox, NC Wildlife Resources Commission
File copy
Central Files
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
x To:
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: 919-733-1786
Fax #: 919-733-6893
'ek n
Impany: `? ( IQIt`n 6-Ij 5
Imber of pages including cover sheet:
rtes or special instructions:
Fax d, " I S ?I
Date: t Z Z4)?
7
Division of Water Quality, 401 Wetlands Certification Unit,
Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
•
•
Office Use Only: ..,,n
USACE Action ID No. DWQ No. MIMI
(If any particular item is not applicable to this project, please enter "Not Appl lot ?•j/,'.?
1. Processing UY
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: GWQC 3374
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Transcontinental Gas Pipe Line Corporation (Attn: David Beckmeyer)
Mailing Address: 2800 Post Oak Boulevard, Level 10
Houston, Tx 77056
Telephone Number: (713) 215-2469 Fax Number: (713) 215-4551
E-mail Address: David.R,Beckmeyer@Williams.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
• •
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Transco Replacement of Exposed Pipelines in the Catawba River
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 74-1079400
4. Location
County: Lincoln/Mecklenburg Nearest Town: Cowans Ford
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Charlotte, proceed north on
Interstate 77 to State Highway 73. Proceed west on Highway 73 to the Catawba River Bridge. Project site is
located approximately 0.6 mile downstream of this bridge.
5. Site coordinates, if available (UTM or Lat/Long): 35 deg. 25 min 9 sec/80 deg 57 min 20 sec
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): The workspace required to perform these replacements totals 18.0 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Catawba River
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The workspace is located primarily within Transco's maintained pipeline
corridor. The property surrounding the project area is forested and bisected with various utility corridors.
Page 6 of 12
•
•
10. Describe the overall project in detail, including the type of equipment to be used: see
attachment
11. Explain the purpose of the proposed work: The purpose of the project is to replace two exposed pipeline
segments within the Catawba River. The existing segments will be removed, the trenches deepened, and new
pipeline segments will be installed.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE NWP No. 12 - Action ID No. Approval received on Copy attached
DWQ Project No. 02-1756, Approval received on Copy attached
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
•
•
1 . Provide a written description of the proposed impacts: The proposed pipeline replacements will require approximately
18.0 acres of workspace. Approximately 1.5 acres of workspace is located in wetland areas and 10 acres is within the Catawba River. The wetlands and river will be
temporarily impacted during the trench excavation process to remove the existing pipeline segments, deepen the trenches, and install new pipeline segments.
Preconstruction contours will be restored in the wetlands, river, and upland areas. There will be no loss of wetlands as a result of this project.
2. Individually list wetland impacts below:
Wetland. Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
West side of Catawba River Temporary (pipeline replacement) yes Adj aeent to River ac. PEM, ac PSS, _ ac PFO
East side of Catawba River Temporary (pipeline replacement)
yes
Adjacent to River
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htp://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.5 acres in workspace
Total area of wetland impact proposed: 1.5 acres (wetland area within required workspace)
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
Project only impacts the Catawba
River
Pipeline Replacement
210
Catawba River
725 (will remain same)
Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc.. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozoiie.com,
WWW.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 210 (Project only impacts Catawba River)
Page 8 of 12
0 •
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
See Section on
Catawba River Impacts
(This section of the
river is also part of
Mountain Island Lake)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attachment
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
• 0
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
•
IX. Environmental Documentation (required by DWQ)
0
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify 15A NCAC 2B .0243 )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 12,600 3 N/A
2 7,800 1.5 N/A
Total 20,400 N/A
/-one i exrenas our -iu reei perpenaicuiar from near banK of channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
•
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No new impervious area will result from this project
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
ItIZZlo
Applicant/Agent's Signature -_7 Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Attachment for Section III (10) - Project Description
During a recent Transcontinental Gas Pipe Line Corporation (Transco) aerial inspection,
an apparent exposure of the 42-inch diameter Mainline "D" was reported in the Catawba
River. Transco owns and operates two natural gas pipelines, the aforementioned
Mainline "D" and the 36-inch diameter Mainline "C", within a single maintained right-
of-way at this location.
Following the aerial observations, an on-site inspection was conducted that included the
use of divers. During this inspection, Transco confirmed the exposure of Mainline "D"
and also determined that Mainline "C" was exposed. Portions of both of these pipelines
are suspended above the bottom of the river.
Transco has assessed the Mainline "C" and "D" exposures in the Catawba River and
determined that these segments should be removed, the existing trenches deepened, and
new pipeline segments should be installed immediately. It is expected that work on
Mainline "D" will be performed prior to Mainline "C" and will begin with the fabrication
of the replacement section on the east bank of the river. This process is expected to take
four weeks to complete. As the fabrication is being completed, the riverbanks will be
graded on both sides to expose the on shore portion of pipeline and provide equipment
access to the river.
Using equipment on barges, the remaining cover over Mainline "D" in the river will be
removed at which time this pipeline segment will be ready for removal. The in river
equipment (barges, boats, etc.) required for this project will be adequately secured when
unattended to prevent them from leaving the work area should there be a release from the
dam upstream.
Upon removing the existing Mainline "D" river crossing section, the trench will need to
be deepened. This is required in order to install the pipeline within the rock substrate in
the river bottom. It is expected that this process will require blasting. The contractor will
be required to detonate a scare charge prior to any blasting in order to minimize impacts
to aquatic species in the immediate vicinity of the project area. After an initial onshore
hydrotest, the new pipeline section will be lowered into the trench, where it will be
hydrotested again prior to backfilling the trench to pre-construction contours. Riprap will
be used in this phase to minimize future pipeline exposures.
The hydrotesting procedure will require four withdrawals, with a cumulative volume of
approximately 250,000 gallons, of water from the Catawba River. After Mainline "D" is
replaced, the entire process will then be duplicated for Mainline "C". Upon completion
of both pipeline installations, the riverbanks will be restored and stabilized with
articulated concrete mats as depicted in the drawings. The wetland areas will also be
restored to pre-construction contours.
• 0
Attachment for Section VII - Avoidance and Minimization
Transco is proposing to minimize the impacts to wetlands by the following:
• Limit the amount of workspace to that which is absolutely necessary to
remove the existing pipelines and install the replacement segments.
• Strip 12-inches of topsoil from the wetland area in non-wooded areas
• Cut trees within the wetlands at ground level, leaving roots intact
• Work off of mats in the wetland areas \ ?)
• Restore topography to pre-construction contours
• Monitor the wetlands to ensure successful revegetation
All wetland impacts will be temporary, and there will be no loss of wetlands as a result of
this project. Since the 0.16-acre of forested wetland will be cut at ground level, the trees
will sprout from the roots and become reestablished over time.
In addition to minimizing impacts to wetlands, Transco will minimize construction
impacts within the river by implementing a turbidity curtain during conditions of no/very
low flow. Transco is coordinating the releases from Cowans Ford Dam with Duke
Energy and expects no/very low flow conditions are to be present during most of the
construction process.
Drawings have been provided to the Division of Water Quality that depict additional
measures that will be installed in the river to minimize the dispersement of excavated
spoil material. These temporary structures consist of spud barges with steel
sheeting/sheet piling which will be installed along both banks of the river and serve as
deflectors. The soft spoil material excavated from the trenches will be placed behind the
barges near the banks of the river. At the end of construction each day, a turbidity curtain
will be attached to the barge from the shore that will enclose the spoil and protect it from
the current created by releases from Cowans Ford Dam. When the installation of the
pipeline replacement segments is completed, the trenches will be backfilled with riprap to
pre-construction contours.
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NOTE BASE FROM:
LAKE NORMAN SOUTH 0 2000 4000 6000 8000 Feet
7.5 MIN. QUAD
NORTH CAROLINA
SCALE IN FEET
QUAD NO. 35080-D8
CORPS OF ENGINEERS PERMIT DRAWING
LOCATION MAP
DRAWING NO. REFERFNCEME TRANSCONTINENTAL GAS PIPE LINE CORPORATION
PROPOSED 36" & 42" NATURAL GAS PIPELINES
WNW&
CROSSING CATAWBA RIVER
M.P. 2.43 GAS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHIPS
LINCOLN AND MECKLENBURG COS. NORTH CAROLINA
NO. DATE BY REVISION DESCRIPTION W.O. NO. CHIC APP. DRAWN BY MAR DATE 09-06-02 ISSUED FOR BID: SCALE: SHOWN
CHECKED BY: DATE ISSUED FOR CONSTRUCTION:
ArPROVEO er: [ N fl DATE (0- (-0Z
1
, , 26-09-50/12805 sHEE-r
PIN: UNIV. VXRC
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PROPOSED MAIN LINE "C"
PROPOSED MAIN LINE NOR `
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WEST BANK IS APPROX.
45• ANGLE TO MAIN LINES
FOR PLACEMENT OF DEFLECTOR c
45•± SEE SHEET 3 OF 3 •
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TYPICAL FOR
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TEMPORARY
OVERBURDEN o
STORAGE AREA ?
INSTALL TURBIDITY CURTAIN
AROUND STORAGE AREA
AFTER WORK HOURS
PLACEMENT OF TURBIDITY
CURTAIN DURING WORK
HOURS, SEE SHEET 3 OF 3.
--------------- OVERLAP AS NEEDED.
-----------------------------------
-
---
DRAWING NO. REFERENCE TITLE TRANSCONTINENTAL GAS PIPE LINE CORPORATION
DETAILS AND PLACEMENT OF DEFLECTORS AND
TURBIDITY CURTAINS AT THE CATAWBA RIVER jjo%;o-
M. P. 2.43 GAS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHIPS
LINCOLN AND MECKLENBURG COS., NORTH CAROLINA
NO. DATE BY REVISION DESCRIPTION W.O. NO. CW. APP. DRAWN BY: MAR DATE: 11-16-2M IS91ED FOR BID: SCALE: NOT TO SCALE
1 11112-02 MR ADD THIRD BARGE 43057 CFECKED BY: DATE: ISWED FOR COWTRUCTK)N.
APPROVED BY: TNH DATE: 11-19-02
- NDFAWNG
UMBER. 2 6 -2 7 -5 0/ 1 2 8 05
SHEET 1
PIN: 43057 UNIV.ID: MAIRF
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OR STEEL SHEET PILES
STORAGE
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SPUDS
ORIGINAL RIVER BOTTOM
70?
DR4NINGNO. REFERENCE TITLE
TRANSCONTINENTAL GAS PIPE LINE CORPORATION
DETAILS AND PLACEMENT OF DEFLECTORS AND
TURBIDITY CURTAINS AT THE CATAWBA RIVER
M. P. 2.43 GAS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHIPS
LINCOLN AND MECKLENBURG COS.. NORTH CAROLINA
NO. DATE BY REVSION DESCRIPTION W.O. NO. CHC APP. DRANK BY: MAR DATE: 11 ISWED FOR BID: SCALE:
CHECKED BY: DATE:
J ISSIED FOR CONSTRUCTION:
APPROVED BY:'Tt/H DATE: `1• NDRAWING
LWER: 26-27-50/12805 SHEET
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02520
GAS PIPELINE - Transco
00-RR OIIP 2800 Post Oak Boulevard (77056)
W Po. Box 1396
Lt1Y SECT!.;!,
"?"---•---- Housu;n,'I'X 77251-1396
713/215-2000
November 19, 2002
Mr. Todd St. John
North Carolina Department of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Blvd, Ste 250
Raleigh, NC 27604
RE: Transcontinental Gas Pipe Line Corporation (Transco)
Additional Information - Proposed Replacement of Exposed Pipelines in Catawba River
Cowans Ford Loop, 36-inch Diameter Mainline "C" and 42-Inch Diameter "D"
Mecklenburg and Lincoln Counties, North Carolina
Dear Mr. St. John:
During a phone conversation last week, you had requested specific information regarding our proposal to
prevent spoil side cast in the Catawba River from being washed downstream of the project area. There
were also some questions about the feasibility of using cofferdams during construction and revegetating the
wetlands after construction is completed.
Transco, as described in previous correspondence, is proposing to temporarily store excavated material in
the Catawba River and within the adjacent wetlands in the construction corridor. In order to prevent the
soft spoil material in the Catawba River from being dispersed by currents, Transco is proposing to install
deflectors along both the east and west banks of the river. The deflectors will consist of two 8 It x 40 ft
barges attached end-to-end and anchored to the bottom with spuds. Steel plate gates or steel sheet piles
will be installed on the upstream side of the barges. During trench excavation activities, the soft spoil
material will be transported from the trenches and stored behind the deflectors along the riverbanks. This
material will be transported back to the trenches when the new pipeline segment is installed and backfilling
begins.
A turbidity curtain will be installed downstream of the construction activities and extend across the river
during periods of low or no flow. When construction is completed for the day, these curtains will be
disconnected near the center of the river. The shoreline anchor will remain in place and the loose ends of
the curtains will be attached to the deflector barges. This procedure will result in the turbidity curtain
surrounding the spoil mounds during non-construction hours. Rock that will be dislodged during blasting
will be side cast adjacent to the trench, as it will be too heavy to be dispersed by the river currents.
Drawings depicting a plan view of the proposed location of the deflectors and turbidity curtains, section
view of the deflector, and a detail of the deflector have been attached to this letter for your review. Spoil
material stored in the wetlands will be located behind soil erosion and sediment control measures approved
by the NCDENR-Division of Land Quality.
During initial reviews of potential construction methods, Transco evaluated a standard steel sheet pile
installation for a cofferdam system in the Catawba River. The installation of this cofferdam is not feasible
due to the shallow depth of the soft overburden above the rock layer. The water depth at the middle of the
river is approximately 20 ft and the soft overburden layer extends approximately 5 ft below the river
bottom. The recommended sheet pile length would be 60 feet at this location; 20 ft above river bottom and
40 ft below. This would require approximately 40 ft of soft overburden because sheet piling cannot be
driven into the rock layer. Since there is not enough soft material to support the sheet pile, the cofferdam
was determined to be unsuitable for this project.
Another topic of conversation was the revegetation of the wetland areas. Transco is proposing to strip the
topsoil from the wetlands prior to the trench excavation in order to conserve the seed bank. Upon
completion of the pipeline replacements, the contours will be restored utilizing the topsoil to establish the
final grade. Transco proposes to allow the wetland to naturally revegetate, as we have had successful
restoration of wetlands from previous projects in this area. Transco is proposing to monitor these wetlands,
and will present a plan to the Division of Water Quality within the timeframe stipulated by Site Specific
Condition No. 3 of the 401 Water Quality Certification.
Based upon the information provided in this letter and previous correspondence, we are respectfully
requesting the removal of Site Specific Condition No. 5 from the 401 Water Quality Certification issued
for this project. We greatly appreciate your expedited review of this project. If you have any questions,
please call me (713) 215-2469.
Sincerely,
David R. Beckmeyer
Sr. Environmental Specialist
Enclosures
PROPOSED MAIN LINE 'C'
PROPOSED MAIN LINE 'D'
+F
U')
ti
ANCHOR
HEST BANK IS APPROX.
450 ANGLE TO MAIN LINES
FOR PLACEMENT OF DEFLECTOR c
45•± SEE SHEET 3 OF 3 •
O w
GATE GUIDES
z
STEEL PATE GATES
"
O 8 x 20' ±1
+ STEEL W
OR STEEL SHEET PILES
C
O. M
16' I SPUDS
g ~
W
Vf
° N
WEST BANK V1
r.
TYPICAL FOR
EAST BANK cc
TEMPORARY ?n
OVERBURDEN o
STORAGE AREA
INSTALL TURBIDITY CURTAIN
AROUND STORAGE AREA
AFTER WORK HOURS
PLACEMENT OF TURBIDITY
CURTAIN DURING WORK
HOURS. SEE SHEET 3 OF 3.
--------------- OVERLAP AS NEEDED.
-----------------------------------
-
---
DRAWING NO. REFERENCE TRFE TRANSCONTINENTAL GAS PIPE LINE CORPORATION
DETAILS AND PLACEMENT OF DEFLECTORS AND willb
TURBIDITY CURTAINS AT THE CATAWBA RIVER
M. P. 2.43 GAS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHIPS
LINCOLN AND MECKLENBURG COS.. NORTH CAROLINA
NO. DATE BY REVISION DESMPTION WO. NO. CFK APP. ORAYM BY: MAR DATE: jj?IB-ZOO2 ISSJEO FOR &D: SCALE: ? M ??
CFECKED BY: : ISWED FOR CONSTRUCTION:
APPROVED BY:
T K
(-19-OZ RAVINO
DPAI 26-2I-50/12805
SHEET 1
PIN: 43057 : XTKX WIE-02
kV 4 • b • a OF 3
..¢muun.WUmieuu....uyn Wu--'
SECTION VIEW OF DEFLECTOR
8'
BARGE
8' X 80' x 6'
WATER LEVEL
STEEL PLATE 9ATES
OVER BURDEN 20 t
OR STEELXSHEET PILES
STORAGE
i
4-16"x16"
SPUDS
ORIGINAL RIVER BOTTOM
DRAWING NO. REFERENCE TBLE TRANSCONTINENTAL GAS PIPE LINE CORPORATION
DETAILS AND PLACEMENT OF DEFLECTORS AND wilib
TURBIDITY CURTAINS AT THE CATAWBA RIVER jk,%po-
M. P. 2.43 GAS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHIPS
LINCOLN AND MECKLENBURG COS., NORTH CAROLINA
NO. DATE BY REMION DESCRIPTION W.O. NO. CHC PPP. DRAM BY: MAR DATE: 11 ISBJED FOR BID: SCALE:
CFECKED BY. DATE:
o ISBJED FOR CONSTRUCTION:
APPROVED BY:'TF/H DALE: ??• NDRAWNG
UMBER: 26-27-50/1 2805 SHEEP 2
PIN: 43051 UNN. ID:
wwo XTWX 111- 46-02 OF 3
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NOU-19-2002 16:50 WILLIAMS-TRANSCO 713 215 4551 P.01
II
IWilli m
GAS PIPELINES
Transco
FAX COVER SHEET
DELIVER FAX TO: Todd St. John
FAX PHONE # 919 733-6893
NUMBER OF PAGES FOLLOWING: 5
FAX FROM: Dave Beck Byer
TELEPHONE #: (713)215-2469
FAX (713) 215-4551
DATE: Novei4e" r 19, 2002
REMARKS:
Todd,
,??ov
As we discussed last week, I have provided a letter along with drawings supporting
Transco's proposed measures to store spoil in the Catawba River (and adjacent
wetlands) during the replacement of two exposed pipelines. Ifyou have an comments
or questions, please call nre at the number above.
Dave
NOU-19-2002 16:50 WILLIAMS-TRANSCO 713 215 4551 P.02
November 19, 2002
Mr. Todd St. John
North Carolina Department of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Blvd, Ste 250
Raleigh, NC 27604
GAS PRUNE - Tzmacc
28800 c Oak Boulevard (77056)
1101 x 1396
F4ouar JX 77251-1396
713/2 -2000
RE: Transcontinental Gas Pipe Tine Corporation (Transco)
Additional Information - Proposed Replacement of Exposed Pipelines in Cata'-x
Cowans Ford Loop, 36-Inch Diameter Mainline "C" and 42-Inch Diameter "D"
Mecklenburg and Lincoln Counties, North Carolina
Dear Mr. St. John:
During a phone conversation last week, you had requested specific information regan
prevent spoil side cast in the Catawba River from being washed downstream of the
were also some questions about the feasibility of using cofferdams during construction
wetlands after construction is completed.
Transco, as described in previous correspondence, is proposing to temporarily store exc&
the Catawba River and within the adjacent wetlands in the construction corridor. In ord
soft spoil material in the Catawba River from being dispersed by currents, Transco is prc
(\ deflectors along both the east and west banks of the river. The deflectors will consist o
barges attached end-to-end and anchored to the bottom with spuds. Steel plate gates or
will be installed on the upstream side of the barges. During trench excavation activiti+
~' 1 material will be transported from the trenches and stored behind the deflectors along the i
material will be transported back to the trenches when the new pipeline segment is installe
begins-
A turbidity curtain will be installed downstre of the construction activities and extend
during periods of low or no flow. When cons ction is completed for the day, these
disconnected near the center of the river. The sho cline anchor will remain in place and t
the curtains will be attached to the deflector bar s. This procedure will result in the i
surrounding the spoil mounds during non-construe on hours. Rock that will be dislodge(
will be side cast adjacent to the trench, as it will be too heavy to be dispersed by the
Drawings depicting a plan view of the proposed Ioc tion of the deflectors and turbidity
11°
River
our proposal to
ect area. There
reveaetating the
ated material in
r to prevent the
)osing to install
two8ftx40ft
steel sheet piles
s, the soft spoil
verbanks. This
. and backfilling
across the river
urtains will be
e loose ends of
?rbidity curtain
during blasting
river currents,
urtains, section
NOU-19-2002 16:50 WILLIAMS-TRANSCO 713 215 4551 P.03
view of the deflector, and a detail of the deflector have been attached to this letter for yo review. Spoil
material stored in the wetlands will be located behind soil erosion and sediment control m asures approved
by the NCDENR-Division of Land Quality.
During initial reviews of potential construction methods, Transco evaluated a standar steel sheet pile
installation for a cofferdam system in the Catawba River. The installation of this cofferd is not feasible
due to the shallow depth of the soft overburden above the rock layer. The water depth at a middle of the
river is approximately 20 ft and the soft overburden layer extends approximately 5 ft below the river
bottom. The recommended sheet pile length would be 60 feet at this location; 20 ft above 'ver bottom and
40 ft below. This would require approximately 40 ft of soft overburden because sheet fling cannot be
driven into the rock layer. Since there is not enough soft material to support the sheet pil, the cofferdam
was determined to be unsuitable for this project.
Another topic of conversation was the revegetation of the wetland areas. Transco is prop sing to strip the
topsoil &orn the wetlands prior to the trench excavation in order to conserve the se d bank. Upon
' completion of the pipeline replacements, the contours will be restored utilizing the topso' to establish the
final grade. Transco proposes to allow the wetland to naturally revegetate, as we hav had successful
restoration of wetlands from previous projects in this area. Transco is proposing to monito? these wetlands,
and will present a plan to the Division of Water Quality within the timeframe stipulated y Site Specific
K, Condition No. 3 of the 401 Water Quality Certification.
Based upon the information provided in this letter and previous correspondence, we are respectfully
requesting the removal of Site Specific Condition No. 5 from the 401 Water Quality Ce ification issued
for this project. We greatly appreciate your expedited review of this project. If you ha any questions,
please call me (713) 215-2469.
Sincerely,
David R. Beckmeyer
Sr. Environmental Specialist
Enclosures
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NOV-19-2002 16:51 WILLIAMS-TRANSCO 713 215 4551 P.04
PROPOSED MAIN LINE 'C'
. -PROPOSED MAIN LINE 'D"
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GAS PIPELINE - Transco
2800 Post Oak Boulevard (77056)
1!0. Box 1396
1 [ouston, "TX 77251-1396
713/215-2000
November 22, 2002 f
Mr. John Dorney
North Carolina Department of Environment and Natural Resources LV NOV 5
Division of Water Quality 1
2321 Crabtree Blvd, Ste 250 W?U SUP
Raleigh, NC 27604 ?R AIITYSECTina
RE: Transcontinental Gas Pipe Line Corporation (Transco)
Pre-Construction Application - Proposed Replacement of Exposed Pipelines in Catawba River
Cowans Ford Loop, 36-Inch Diameter Mainline "C" and 42-Inch Diameter "D"
Mecklenburg and Lincoln Counties, North Carolina
Dear Mr. Dorney:
Transco received a letter from your agency on November 1, 2002 that stated General Water Quality
Certification Number 3374 covered Transco's proposed pipeline replacements in the Catawba River. Site
Specific Condition No. 6 of this approval requires the submittal of seven copies of the completed Pre-
Construction Application along with a payment of $475.00 within 30 days of the date of approval.
In accordance with this condition, the required copies of the Pre-Construction Application and associated
fees have been enclosed. While we are still discussing Site Specific Condition No. 5 (storing spoil in the
river and wetlands), this application is as up to date as possible and is being submitted to avoid missing the
30-day deadline. Should changes be required as a result of future conversations, it can be modified and
resubmitted. If you have any questions, please call me (713) 215-2469.
Sincerely,
David R. Beckmeyer
Sr. Environmental Specialist
Enclosures
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If anv particular item is not applicable to this nroiect. nlease enter "Not Annlicable" or "N/A"-)
1. Processing
2
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
Nationwide, Regional or General Permit Number(s) Requested: GWQC 3374
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Transcontinental Gas Pipe Line Corporation (Attn: David Beckmeyer)
Mailing Address: 2800 Post Oak Boulevard, Level 10
Houston, Tx 77056
Telephone Number: (713) 215-2469 Fax Number: (713) 215-4551
E-mail Address: David.R.Beckmeyer(cDWilliams.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:_
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Transco Replacement of Exposed Pipelines in the Catawba River
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 74-1079400
4. Location
County: Lincoln/Mecklenburg Nearest Town: Cowans Ford
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Charlotte, proceed north on
Interstate 77 to State Highway 73. Proceed west on Highway 73 to the Catawba River Bridge. Project site is
located approximately 0.6 mile downstream of this bridge.
5. Site coordinates, if available (UTM or Lat/Long): 35 deg. 25 min 9 sec/80 deg 57 min 20 sec
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): The workspace required to perform these replacements totals 18.0 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Catawba River
River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The workspace is located primarily within Transco's maintained pipeline
corridor. The property surrounding the project area is forested and bisected with various utility corridors.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: See
attachment
11. Explain the purpose of the proposed work: The purpose of the project is to replace two exposed pipeline
segments within the Catawba River. The existing segments will be removed, the trenches deepened, and new
pipeline segments will be installed.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE NWP No. 12 - Action ID No. Approval received on Copy attached
DWQ Project No. 02-1756, Approval received on Copy attached
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: The proposed pipeline replacements will require approximately
18.0 acres of workspace. Approximately 1.5 acres of workspace is located in wetland areas and 10 acres is within the Catawba River. The wetlands and river will be
temporarily impacted during the trench excavation process to remove the existing pipeline segments, deepen the trenches, and install new pipeline segments.
Preconstruction contours will be restored in the wetlands, river, and upland areas. There will be no loss of wetlands as a result of this project.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
West side of Catawba River ranporary(pipeWm cpl-neno yes Adjacent to River ac. I'EM, ac PSS, ac PFO
Fast side of Catawba River Tnnporary (pipeline repl-Inen0
yes
Adjacent to River
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htti)://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.5 acres in workspace
Total area of wetland impact proposed: 1.5 acres (wetland area within required workspace)
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
Project only impacts the Catawba
River
Pipeline Replacement
210
Catawba River
725 (will remain same)
Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intcrnet sites also allow direct download and printing of USGS maps (e.g., www.topozoiie.com,
www.mgpguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: M (Project only impacts Catawba River)
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* kaes a of
act Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
See Section on
Catawba River Impacts
(This section of the
river is also part of
Mountain Island Lake)
List each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attachment
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/ww/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No X
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify 15A NCAC 213.0243 )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 12,600 3 N/A
2 7,800 1.5 N/A
Total 20,400 N/A
Gone i extends out su reet perpenaicular trom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No new impervious area will result from this project
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Rpz
Applicant/Agent's Signature ' Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Attachment for Section III (10) - Project Description
During a recent Transcontinental Gas Pipe Line Corporation (Transco) aerial inspection,
an apparent exposure of the 42-inch diameter Mainline "D" was reported in the Catawba
River. Transco owns and operates two natural gas pipelines, the aforementioned
Mainline "D" and the 36-inch diameter Mainline "C", within a single maintained right-
of-way at this location.
Following the aerial observations, an on-site inspection was conducted that included the
use of divers. During this inspection, Transco confirmed the exposure of Mainline "D"
and also determined that Mainline "C" was exposed. Portions of both of these pipelines
are suspended above the bottom of the river.
Transco has assessed the Mainline "C" and "D" exposures in the Catawba River and
determined that these segments should be removed, the existing trenches deepened, and
new pipeline segments should be installed immediately. It is expected that work on
Mainline "D" will be performed prior to Mainline "C" and will begin with the fabrication
of the replacement section on the east bank of the river. This process is expected to take
four weeks to complete. As the fabrication is being completed, the riverbanks will be
graded on both sides to expose the on shore portion of pipeline and provide equipment
access to the river.
Using equipment on barges, the remaining cover over Mainline "D" in the river will be
removed at which time this pipeline segment will be ready for removal. The in river
equipment (barges, boats, etc.) required for this project will be adequately secured when
unattended to prevent them from leaving the work area should there be a release from the
dam upstream.
Upon removing the existing Mainline "D" river crossing section, the trench will need to
be deepened. This is required in order to install the pipeline within the rock substrate in
the river bottom. It is expected that this process will require blasting. The contractor will
be required to detonate a scare charge prior to any blasting in order to minimize impacts
to aquatic species in the immediate vicinity of the project area. After an initial onshore
hydrotest, the new pipeline section will be lowered into the trench, where it will be
hydrotested again prior to backfilling the trench to pre-construction contours. Riprap will
be used in this phase to minimize future pipeline exposures.
The hydrotesting procedure will require four withdrawals, with a cumulative volume of
approximately 250,000 gallons, of water from the Catawba River. After Mainline "D" is
replaced, the entire process will then be duplicated for Mainline "C". Upon completion
of both pipeline installations, the riverbanks will be restored and stabilized with
articulated concrete mats as depicted in the drawings. The wetland areas will also be
restored to pre-construction contours.
Attachment for Section VII - Avoidance and Minimization
Transco is proposing to minimize the impacts to wetlands by the following:
• Limit the amount of workspace to that which is absolutely necessary to
remove the existing pipelines and install the replacement segments.
• Strip 12-inches of topsoil from the wetland area in non-wooded areas
• Cut trees within the wetlands at ground level, leaving roots intact
• Work off of mats in the wetland areas
• Restore topography to pre-construction contours
• Monitor the wetlands to ensure successful revegetation
All wetland impacts will be temporary, and there will be no loss of wetlands as a result of
this project. Since the 0.16-acre of forested wetland will be cut at ground level, the trees
will sprout from the roots and become reestablished over time.
In addition to minimizing impacts to wetlands, Transco will minimize construction
impacts within the river by implementing a turbidity curtain during conditions of no/very
low flow. Transco is coordinating the releases from Cowans Ford Dam with Duke
Energy and expects no/very low flow conditions are to be present during most of the
construction process.
Drawings have been provided to the Division of Water Quality that depict additional
measures that will be installed in the river to minimize the dispersement of excavated
spoil material. These temporary structures consist of spud barges with steel
sheeting/sheet piling which will be installed along both banks of the river and serve as
deflectors. The soft spoil material excavated from the trenches will be placed behind the
barges near the banks of the river. At the end of construction each day, a turbidity curtain
will be attached to the barge from the shore that will enclose the spoil and protect it from
the current created by releases from Cowans Ford Dam. When the installation of the
pipeline replacement segments is completed, the trenches will be backfilled with riprap to
pre-construction contours.
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LOCATION MAP
DRAWING No. REFERENCETITLE
TRANSCONTINENTAL GAS PIPE LINE CORPORATION
PROPOSED 36" & 42" NATURAL GAS PIPELINES'
CROSSING CATAWBA RIVER
M.P. 2.43 GAS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHIPS
LINCOLN AND MECKLENBURG COS. NORTH CAROLINA
NO. DATE BY REVISION DESCRIPTION W.O. No. Cw(. APP. DRAWN BY: MAR DATE 09-ON2 ISSUED FOR BID: SCALE: SHO N
CHECKED BY: DATE ISSUED FOR CONSTRUCTION:
APPROVEOBY: INN DATE: ?0.?..02 NUMPfR 26-09-50/12805 S14EET 1
PIN: UNIV. MAINU --
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PLACEMENT OF TURBIDITY
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HOURS, SEE SHEET 3 OF 3.
-- ------------ OVERLAP AS NEEDED.
-----------------------------------
-
---
DRANINO NO. REFERENCE TITLE TRANSCONTINENTAL GAS PIPE LINE CORPORATION
DETAILS AND PLACEMENT OF DEFLECTORS AND wjjjjijffiS
TURBIDITY CURTAINS AT THE CATAWBA RIVER jk%po-
M. P. 2.43 GAS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHIPS
LINCOLN AND MECKLENBURG COS., NORTH CAROLINA
NO, DATE BY FMION DESCRIPPON WO. NO. CHC APP. DRAM BY: LIAR 1-16-M ISWED FOR BID: SCALE: MDT TO SCALE
1 11-22-02 1R ADD THIRD BARGE 430ST CHECKED BY: IS&JED FOR C
ON.STRUCTION:
APPROVED BY: TNH : C
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IWBER: 2V-27-50/12805
SHEET 1
PIN: 43057 TI-1E-02
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DRAWING NO, REFERENCE TBIE TRANSCONTINENTAL GAS PIPE LINE CORPORATION
DETAILS AND PLACEMENT OF DEFLECTORS AND wilib
TURBIDITY CURTAINS AT THE CATAWBA RIVER jjo%p-
M. P. 2.43 OAS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHIPS
LINCOLN AND MECKLENBURG COS., NORTH CAROLINA
NO. DATE BY REVBION DESCRIP ON W0. NO. CHC APP. DRAM BY: IM FOR BID: SCALE:
CFECKED BY: a FOR CONSTRUCTION:
APPROVED BY:'Tt/H 1(-(_OIL DRAIMNG
R: 26-27-50/12805 SHEET 2
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November 1, 2002
Mecklenburg and Lincoln Counties
DWQ Project #: 02-1756
Project Name:
Transcontinental
Pipeline Repair -
Cowans Ford
Loop
APPROVAL OF 401 WATER QUALITY CERTIFICATION AND CATAWBA BUFFER RULES WITH
ADDITIONAL CONDITIONS
Mr. David Beckmeyer
Senior Environmental Specialist
Williams Gas Pipeline - Transco
2800 Post Oak BLvd.
P.O. Box 1396
Houston, Texas 77251-1396
Dear Mr. Beckmeyer:
You have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact about 1.5 acres of wetlands and 0.48 acres of lake buffer for the emergency repair
of two existing gas pipelines at the Cowans Ford Loop site under the Catawba River (Mainline "C"
and Mainline "D"), as you described in your notification to DWQ dated November 1, 2002. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3374. This certification allows you to use Nationwide Permit Number 12 when
the U.S. Army Corps of Engineers issues it. This approval also is for the Water Supply Watershed
Protection Rules (15A NCAC 2B .0215) and the Catawba River Buffer rules (15A NCAC 2B .0243).
In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Sediment and Erosion Control and Non-Discharge
regulations. This approval will expire when the accompanying 404 Permit expires unless
otherwise specified in the General Water Quality Certification.
This approval is only valid for the purpose and design that you described in your notification to
DWQ except as modified below. This approval shall expire when the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you
must follow the conditions listed in the attached certification and any special or site-specific conditions
listed below.
SPECIAL CONDITIONS:
1. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate
of Completion Form" to notify DWQ that all the work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the Division of Water Quality.
2. If you change your project, you must notify us in writing and you may be required to send us a
new application.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E..
Director
Division of Water Quality
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1010\ 7O'3_17QQ /nhnnol o1a_7Q'Laaa'4 Ifav1 (httn•//h9n am ctata nr. na/nr.wPtlAnds
3. If total, permanent wetland fills for this project (now or in the future) exceed one acre or
permanent stream impacts exceed 150 linear feet, then compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7).
SITE-SPECIFIC CONDITIONS:
1. The area immediately adjacent to the work zone in the river must be monitored during blasting to
determine if any fish kill occurs. If a fish kill occurs, the NC Wildlife Resources Commission must be
notified in writing with the approximate number, size and species of fish killed. A copy of this
information must also be sent to the NC Division of Water Quality (Wetlands/401 Unit). The Wildlife
Resources Commission may require replacement of the fish or payment for any unavoidable fish kill.
2. DWQ must be copied on a revegetation plan to replant any woody vegetation removed in the
construction corridor within 50 feet of the shoreline of the Catawba River within 60 days of the date of
this approval. This plan must include a list of native species to be planted, sizes to be planted and a
planting schedule. If no woody vegetation is removed from the 50 foot buffer zone, then DWQ shall be
notified of this fact within 60 days of the date of this approval.
3. Written approval for the wetland monitoring plan referenced in the application must be sought from
DWQ within 60 days of the date of this approval.
4. High Quality Waters Best Management Practices for Sediment and Erosion Control must be
utilized on this site during construction.
5. Any stockpiled soil, dredge spoil , blast material or other waste material must be placed in upland
areas rather than in wetlands, streams or within 50 feet of the Catawba River (buffer zone).
6. An application fee of $475 for this Certification must be received by DWQ within 30 days of the
date of this approval. Seven copies of the completed Pre-Construction Application form must
accompany this fee. The DWQ project number (02-1756) must be referenced on the application.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Mike Parker
at our Mooresville Regional Office at 704-663-1699.
Attachments:
General Water Quality Certification \J ?/
Certificate of Completion
cc: Steve Chapin, US Army Corps of Engineers Asheville Field Office
Mike Parker, Mooresville DWQ Regional Office
David Cox, NC Wildlife Resources Commission
File copy
Central Files
Sincerely,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: 919-733-1786
Fax #• 91 Q-71'A-6R91
[x To:
>'mpany:
amber of pages including cover sheet: . '3
Fax #: 11 3 15- L l
Date: I I 1, I 0
rtes or special instructions:
l C lYV1 \ C 1'n 1 44? VA ?1 ?, I ?? ?/ ? I T )A )IL
VWw t?,?
Division of Water Quality, 401 Wetlands Certification Unit,
Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwctiands
NOV-01-2002 08:49 WILLIAMS-TRANSCO 713 215 4551 P.01
Rey, Dl96
w r'.? /? GPI. t33
Wllllc?ll"IS
GAS PIPELINES
Transco
To: John Dorney
From: Dave Seckmeyer (713) 215-2489
Subject: Replacement of Exposed Natural Gas Pipelines in Catawba River
John,
Date: 11/01/02
office:
We greatly appreciate your quick response to this situation. Please fax your response to
(713) 215-4551.
Thanks again,
attention at
Gave
N00-01-2002 08:49 WILLIAMS-TRANSCO 713 215 4551 P.02
171
GAS P, IIVE • Timseo
2 0 - -Oak Boulevard (77056)
PO. Ro 1396
Houaco TX 77251-1396
713/21 2000
November 1, 2002
Mr. John Dorney
North Carolina Department of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Blve, Ste 250
Raleigh, NC 27604
RIB: Transcontinental Gas Pipe Line Corporation (Transco)
Proposed Replacement of Exposed Pipelines in Catawba River
Cowans Ford Loop, 36-Inch Diameter Mainline "C" and 42-Inch Diameter
Mecklenburg and Lincoln Counties, North Carolina
Dear Mr. Dorney:
During a recent Transcontinental Gas Pipe Line Corporation (Transco) aerial in
apparent exposure of the 42-inch diameter Mainline "D" was reported in the Cat
Transco owns and operates two natural gas pipelines, the aforementioned Mainline
36-inch diameter Mainline "C", within a single maintained right-of-way at d
Transco's pipelines cross the Catawba River approximately 0.6 miles downst
Highway 73 bridge and span the Mecklenburg/Lincoln County Line. This area has be
on an excerpt of the Lake Norman South, NC USGS quadrangle, which has been
your review.
Following the aerial observations, an on-site inspection was conducted that include
divers. During this inspection, Transco confirmed the exposure of Mainline ":
determined that Mainline "C" was exposed. Portions of both of these pipelines al
above the bottom of the river. Transco has been monitoring the exposed pipeline
ensure that their operation is in compliance the Federal Department of Transportatio.
as set forth in CFR 49 Part 192 -Transportation of ,]Natural and Other Gas by Pipel o
Federal Safety Standards.
Transco has assessed the Mainline "C" and "D" exposures in the Catawba River and
that these segments should be removed, the existing trenches deepened, and n,
segments should be installed immediately. It is expected that work on Mainline
performed prior to Mainline "C" and will begin with the fabrication of the replaceme
the east bank of the river. This process is expected to take four weeks to compl
:ctlon, an
ba River.
)" and the
location.
lni of the
identified
dosed for
l the use of
" and also
suspended
egments to
regulations
?:Minimum
w pipeline
`D" will be
a section on
-te. As the
NOV-01-2002 08:50 WILLIAMS-TRANSCO
713 215 4551 P.03
fabrication is being completed, the riverbanks will be graded on both sides to expose eon shore
portion of pipeline and provide equipment access to the river. Using equipment on barges, the
remaining cover over Mainline "D" in the river will be removed at which time th s pipeline
segment will be ready for removal. The in river equipment (barges, boats, etc.) requi ed for this
project will be adequately secured when unattended to prevent them from leaving th work area
should there be a release from the dam upstream.
Upon removing the existing Mainline "D" river crossing section, the trench will eed to be
deepened. This is required in order to install the pipeline within the rock substrate the river
bottom. It is expected that this process will require blasting. The contractor will be equired to
detonate a scare charge prior to any blasting in order to minimize impacts to aquatics cies in the
immediate vicinity of the project area. After an initial onshore hydrotest, the new pipe ine section
will be lowered into the trench, where it will be hydrotested again prior to backfilling t e trench to
pre-construction contours. Riprap will be used in this phase to minimize fut a pipeline
exposures. The hydrotesting procedure will require four withdrawals, with a cumuli ve volume
of approximately 250,000 gallons, of water from the Catawba River. After Main ine "D" is
replaced, the entire process will then be duplicated for Mainline "C". Upon completion of both
pipeline installations, the riverbanks will be restored and stabilized with articulated co crete mats
as depicted in the drawings.
In order to conduct this work, approximately 1.5 acres of wetlands will be temporari l impacted.
The workspace in the wetlands consists primarily of Transco's maintained right-of way along
with some adjacent areas that had been utilized during the original installation of thes pipelines.
All wetland impacts will be temporary, and there will be no loss of wetlands as a result of this
project. Since the 0, lb acre of forested wetland will be cut at ground level, the trees ill sprout
from the roots and become reestablished over time.
Transco is proposing to minimize the impacts to wetlands by the following:
• Limit the amount of workspace to that which is absolutely necess to remove
the existing pipelines and install the replacement segments.
• Strip 12-inches of topsoil from the wetland area in non-wooded area i
• Cut trees within the wetlands at ground level, leaving roots intact
• Work off of mats in the wetland areas
• Restore topography to pre-construction contours
• Monitor the wetlands to ensure successful revegetation
In addition to minimizing impacts to wetlands, Transco will further minimize nstruction
impacts within the river by utilizing a turbidity curtain during conditions of no/ver flow.
Transco is coordinating the releases from Cowans Ford Dann with Duke Energy d expects
no/very low flow conditions are to be present during most of the construction proces. The river
bottom will be restored to pre-construction contours.
NOV-01-2002 08:50 WILLIAMS-TRANSCO
713 215 4551 P.04
Transco is proposing to replace the two pipeline segments as soon as possible. We are requesting
U.S. Army Corps of Engineers Nationwide Permit 12 authorization to conduct thi work, for
which 401 Water Quality Certification is pre-approved. The U.S. Army Corps of En ineers has
requested written concurrence from your office that our project will comply with these
regulations. I have attached copies of responses from the U.S. Fish and Wildlife Serv ice and the
State Historic Preservation Office. I expect to receive similar correspondence frm the NC
Wildlife Resources Commission later today. Transco is planning to start constructio as soon as
all of the necessary permits and approvals are obtained
We greatly appreciate your expedited review of this project. Your response can be f?xed to my
attention at (713) 215-4551. If you have any questions, please call me (713) 215-2 9.
Sincerely,
David R_ Beckmeyer
Sr. Environmental Specialist
Enclosure
Cc: Mike Parker, NCDENR-Division of Water Quality
NOV-01-2002 08:50 WILLIAMS-TRANSCO 713 215 4551 P.05
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NOTE BASE FROM:
LAKE NORMAN SOUTH p zQpO 4000 BWO 8000 Feet
7.5 MIN. QUAD
NORTH CAROLINA SCALE IN FEET
QUAD NO. 36080-M
CORPS OF ENGINEERS PERMIT D WING
LOCATION MAP
[ "YAWNa TRANSCONTINENTAL GAS PIPE LINE CORPORA ION
g PROPOSED 36' 8s 42" NATURAL GAS PIPELINE S
CROSSING CATAWBA RIVER
M.P. 2.43 MaS PIPELINE
CATAWBA SPRINGS AND LEMLEY TOWNSHI
LINCOLN AND MECKLENBURG COS. NORTH CAR LINA
No. MR YY F*VdM DESCrorna! W,o. No. cm IPP. oN - ur MAR wle 8906-02 um llm m 9G«F
*f= BY. DAM MmmRoom"RveUx
r+pnDreosr Ntl DATE lwl?o2 , 26-09-501128 air
uw' ,mwe,.
12
we
SEP 06 20M. 10:1 :50
NOU-01-2002 08:51 WILLIAMS-TRANSCO
713 215 4551 P.06
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NOV-01-2002 08.51 WILLIAMS-TRANSCO
713 215 4551 P.07
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NOU-01-2002 08:51 WILLIAMS-TRANSCO
FISH AND WILDLIFE SERVICE
Asheville Field Officc
160 Zillicoa Street
Asheville. North Carolina 28801
November 1, 2002
00'n nL FORM 99 (/ 90)
FAX TRANSMITTAL
713 215 4551
United States Department of the Interior
Mr. David R_ Beckmeyer
Sr. Environmental Specialist
Williams Gas Pipeline - Transco
2800 Post Oak Boulevard
Houston, Texas 77056
Dear Mr. Beckmeyer:
To
F= 01
713?,a,15-4}S5(
Subject: Replacement of Exposed Gas Pipelines in the Catawba River, Lincoln and
Counties, North Carolina
In your letter dated October 22, 2002, you requested our continents with regard to the su
The following comments arse provided in accordance with the provisions of the Fisb and
Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered
1973, as amended (16 U.S.C. 1531-1543) (Act).
Endangered Species. According to our records and a review of the information you prov
species or their habitats occur on the site, we concur with your determination that the pro
will not affect endangered or threatened species and their habitats. 'T'herefore, we belicve 1
requirements udder Section 7 of the Act are fulfilled. However, obligations under Section
must be reconsidered if (1) new information reveals impacts of this identified action that
listed species or critical habitat in a manner not previously considered, (2) this action is Sul
modified in a manner that was not considered in this review, or (3) a new species is listed I
habitat is determined that may be affected by the identified action.
Erosion Control. Given the proximity of the project to aquatic environments, we want to
that stringent sedimentation- and erosion-control measures should be implemented prior to
disturbance and should be maintained throughout project constriction.
P.08
.?goa a«
- 5 33o
ES ADMINISTRATION
lenburg
t project,
dlife
es Act of
:d, no listed
sed project
of the Act
av affect
Thank you for allowing us to comment on this project. Please contact Mr. Mark Cantrell of ur staff at
826/256-3939, Ext. 227, if you have any questions. In any future correspondence eoncemin this
project, please reference our Log Number 4-2-02-474.
Sincerely,
/Brian P. Cole
State Supervisor
i
fi
I
NOV-01-2002 08:52
Michael F. Rasley, Crevamor
Litbeth C. Every, Seermq
Jeffrey J. Crow, Deputy SeCre®ry
October 31, 2002
WILLIAMS-TRANSCO
a
RIM
is
713 215 4551 P.09
North Carolina Dalliartment of Cultural Resources
State Historic Prexrvetioa Office
David L S. 19rook, Adminiarmr
Division or
Nvid 1.011
Jinnes D. Bloamkar
Williams Gaa Pipeline-,r=sco
1'O Box 1396
Mauston Texas 71251-1396
Re: Proposed !replacement of Exposed Pipelines in CRtawba Riva Cowans Ford
diameter mainline "C" and 42-inch diameter "D".
Mecklcaburg attd Lincoln Coundes, ER 02-11300
bear 1314emker
'Thank you for your letter of October 22, concerning the above project-,
We have conducted a review of the proposed undertaking snd are aware of no historic
which would be affected by the project. 'T'herefore, we have no comment on the under
proposed.
Hisrorial Amines
1 en, Dir"guir
36-inch
as
The above comments are made pursuant to Section 106 of the National Historic Prestrv don Act
and the Advisory Council on Historic Presuratiod's Regulations for Compliance with Seed= 106
codified at 36 C FR Vert 500.
Thank you fot your cooperation and consideration. If you have questions concerning tht above
comment, eonracr Ranee CYletihill-Esarley, onuironrnental review coordinator, at 919/73 763. In a11
fu=c communication concerning this project, please cite the above referenced mac king umber.
Sincerely,
Da%rid Btook
D)3:kgc
Laeatlon Ma11Ing Addroee Talcp
Admit iarotlon 507 N. 9lount it. R61elgh, NC 4617 Mail Service Center, Raleigh 27699.4617 (919)
Rostarntloa 515 N. Dlount St, Mlleigh, NC 4613 Meil Servioc Cantor, Raleigh 27699-4613 (919)
Sorvey & Planning 51S N. 9lount St, Raleigh. NC 461R Muil Service Center, l>oWa% 27699-81A (919)
ono/Par
33^4763 9733-8653
33-6547 .7154.$01
33-4769 e715-4901
TOTAL P.09