Loading...
HomeMy WebLinkAbout20150994 Ver 4_PCN Form Submission_20200114January 14, 2020 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Attention: Ms. Brandee Boggs NC Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Attention: Ms. Karen Higgins Reference: Pre -Construction Notification: NWP No. 12 DENC Permanent Stream Crossing T01/M201 Pipeline Easement Rutherford County, North Carolina S&ME Project No. 7335-19-059 Dear Ms. Boggs and Ms. Higgins: On behalf of Dominion Energy North Carolina (DENC), S&ME, Inc. (S&ME) hereby submits this Pre - Construction Notification (PCN) Application (PCN) for impacts to waters of the U.S. in accordance with Nationwide Permit (NWP) No. 12. DENC plans to construct a permanent, earthen access road and install a 48-inch diameter culvert within a stream that flows across their existing Line T01/M021 natural gas transmission pipeline easement. As proposed, the work will be performed in accordance with the applicable conditions of Nationwide Permit (NWP) No. 12 and General Water Quality Certification (WQC) No. 4133. However, submission of this PCN to the US Army Corps of Engineers (USACE) is required because the project will involve construction of a permanent access road in waters of the United States with impervious materials. Pre - construction written approval from the North Carolina Division of Water Resources (NCDWR) is also required because the project will result in permanent stream impacts. In support of this application, the following accompanying information has been submitted through the N.C. Division of Water Resources (NCDWR) On-line PCN website (httl2s://edocs.deq.nc.aov/Forms/Pre- Construction Notification Form): Figures Delineation Information Site Photographs S&ME, INC. / 9751 Southern Pine Blvd / Charlotte, NC 28273 / p 704.523.4726 f 704.525.3953 / www.smeinc.com =0 Pre -construction Notification DENC Permanent Stream Crossing III Rutherford County, NC S&ME Project No. 7335-19-059 Completed Pre -Construction Notification (PCN) and Authorization to Act as Agent Construction Drawings NC Natural Heritage Program (NCNHP) Database Report and US Fish and Wildlife Service (FWS) IPaC Report Restoration Plan General Project Information DENC is planning to construct a permanent crossing of a small stream located within their existing T01/M201 natural gas transmission pipeline easement. The purpose of the project is to provide permanent access to the portion of the easement located between the subject stream and the Broad River to the east. Currently, there is no other way for a bush hog or other maintenance equipment to routinely access this portion of the easement. The subject stream is located approximately 1,200 feet east of Ken Miller Road in Rutherfordton, Rutherford County, NC (35.276271°N,-81.995146°W). The general location of the project area is depicted on the attached Site Vicinity Exhibit (Figure 1). The project area is also depicted on the appropriate portion of the Rutherfordton South, NC USGS Topographic Map Exhibit (Figure 2), and Rutherford County Soils Exhibit (Figure 3), and an Approximate Waters of the US Exhibit (Figure 4). The project area is located in the Upper Broad River Basin (HUC 03050105). Review of the Rutherfordton South, NC US Geological Survey (USGS) Topographic Map (Figure 2) depicts the project area as forested land. A pond is located northwest of the project area, and the stream channel is depicted flowing southeast towards Broad River. Soils mapped within the project area (Figure 3) are limited to Pacolet sandy loam (Typic Kanhapludults). Pacolet soils are not classified as hydric. The project area consists entirely of DENC's existing, maintained easement. The existing easement is abutted on either side by undeveloped woodland with no other existing access points from which DENC may get maintenance equipment to that portion of the easement. Photographs of conditions at the site encountered during the site visit are included in the information submitted with the online PCN. Jurisdictional Areas The subject stream and wetland located within the project area were previously delineated in 2016 by S&ME in connection with the T01 B Replacement Project (SAW-2016-00773). The delineation was conducted utilizing currently accepted methods for wetland determination, as set forth in the 1987 Corps of Engineers Wetlands Delineation Manual and the corresponding Eastern Mountain and Piedmont Region USACE Regional Supplement Guide. A Request for Preliminary Jurisdictional Determination (Pre - JD) package was provided to the USACE on October 14, 2016. Representatives of the USACE (David Brown and Steve Kichefski) and NCDWR (Kevin Mitchell) visited the project site on November 17, 2016 to approve the delineation and verify the location/classification of affected features. =0 Pre -construction Notification DENC Permanent Stream Crossing Rutherford County, NC S&ME Project No. 7335-19-059 The project area was re -assessed by S&ME on August 6, 2019 to confirm the findings of the previous delineation. The site visit confirmed that the jurisdictional features within the project area were consistent with those identified in the original delineation and were limited to one stream (SA21) and one adjacent wetland area (WA03). SA21 is an unnamed perennial tributary to Broad River (9-(25.5), Class WS-IV). A small herbaceous headwater wetland (WA03) abuts the east side of SA21, but it should not be impacted by the project. The limits of SA21 and WA03 are depicted on Figure 4, and updated Stream Assessment and Wetland Data forms have been included with this submittal. No additional jurisdictional areas were identified. Description of the Proposed Work Installation of the new pipe will occur in conjunction with a separate, nearby project that involves replacement of an exposed portion of the M201 gas line beneath the Broad River by horizontal directional drill (HDD). While replacement of the gas line beneath the river will not involve impacts to jurisdictional areas, construction of the new permanent crossing that is the subject of this permit application will help facilitate access for that project. Construction of the permanent stream crossing will first entail installation of coffer dams upstream and downstream of the proposed crossing location. Appropriate erosion and sediment control measures will first be employed as necessary to prevent sedimentation outside of the work area. A dry workspace will then be established by pumping clean water from above the upstream coffer dam and around the work area to below the downstream coffer dam. The water will be pumped into a filter bag or dewatering structure sited in a vegetated area on the south side of the work area, and the water will eventually back into the stream. Secondary containment will be utilized to prevent any leakage associated with the pump. Upon establishment of the dry work area, the new crossing will be constructed. The new culvert will consist of a 40-foot long, 48-inch dimeter reinforced concrete pipe. The new pipe has been sized to pass the average historical low flow and was sized to accommodate a 10-year storm event without adversely altering normal flow velocity. The bottom 20 percent of the new culvert will be embedded to promote the safe passage of fish and other aquatic organisms. The pipe will then be overtopped with clean earthen fill material to establish the equipment access road at a grade sufficient to allow safe passage of equipment. A 5-foot long, flexible revetment scour transition mat will be embedded in the streambed at the culvert outlet. The crossing has been designed and should be constructed to maintain the normal dimension, pattern, and profile of the stream by not widening or reducing the depth of the stream above and below the crossing. The new permanent crossing will result in approximately 45 If of stream impact. For purposes of this permit, an additional 15 If of temporary stream impact has been included to account for construction of the coffer dams and temporary disturbance and de -watering of the stream within and adjacent to the work area. Following installation of the crossing, all temporarily -affected streambanks will be restored to the approximate pre -disturbance contours and conditions, seeded with a customized riparian seed mix, and stabilized with coir matting. Construction drawings showing the proposed crossing including plan, cross- section, and cofferdam detail drawings are included with the information submitted online.. =0 Protected Species Pre -construction Notification DENC Permanent Stream Crossing Rutherford County, NC SWE Project No. 7335-19-059 To assist you with determining compliance with applicable sections of the Endangered Species Act (ESA) of 1973 (16 USC 1531-1543), S&ME submitted a request for information to the North Carolina Natural Heritage Program (NCNHP). The NCNHP responded with a September 6, 2019 report that listed natural areas and protected species with documented occurrences within one mile of the project area. Although several rare state -listed species have been historically recorded, the report identified no occurrences of federally -protected species within one mile of the site. The project site was also reviewed in 2016 as part of a larger area subject to a Protected Species Assessment conducted by S&ME in connection with the T01 B Replacement Project. Results of the assessment were provided to the FWS in an October 31, 2016 report that concluded the proposed project was unlikely to adversely affect populations of federally -protected flora and fauna listed above or their critical habitat. Following USFWS review report, the agency responded with a November 7, 2015 letter stating that they concurred with S&ME's findings, and concluded that the requirements under section 7 of the Act had been fulfilled. Both the aforementioned report and FWS concurrence letter for that project can be provided upon your request. As an update, S&ME conducted a search of the North Carolina Natural Heritage Program (NCNHP) database to identify element occurrences (EOs) of such species listed as potentially occurring near the project area. The NCNHP provided a September 6, 2019 report that did not identify records of rare federally -protected species within one mile of the site. S&ME also consulted the FWS Information for Planning and Consulting (IPaQ system for a list of species that are known or expected to be near the assessment area. The IPac report identified the following species as having potential for direct or indirect affected by activities in the assessment area: Indiana Bat Status: Federally -listed Endangered Biological Determination: No Effect The Indiana bat is a small bat with a wingspan of about 9 to 11 inches and fur that is dark -brown to black. During winter, the bat hibernates in humid caves or other similar structures (e.g., abandoned mines) that provide stable temperatures between 32' F and 50' F. After hibernation, they migrate to their summer habitat in wooded areas where they usually roost under the loose tree bark of dead or dying trees. During summer, males roost alone or in small groups, while females roost in larger groups of up to 100 bats or more. They also forage in or along the edges of forested areas. Based on S&ME's previous experience, Indiana bat is listed as a current occurrence for Rutherford County, but the only record of this species is at the town of Bat Cave, which is not proximate to the project site. Accordingly, no further action for Indiana bat should be required. C! =0 Northern Long-eared Bat Pre -construction Notification DENC Permanent Stream Crossing Rutherford County, NC SWE Project No. 7335-19-059 Status: Federally -Listed Threatened Biological Determination: No Effect The northern long-eared bat (Myotis septentriona(is) is a medium-sized bat about three to 3.7 inches in length but with a wingspan of 9 to 10 inches. This bat generally is associated with old -growth forests composed of trees 100 years old or older. It relies on intact interior forest habitat, with low edge -to - interior ratios. Relevant late -successional forest features include a high percentage of old trees, uneven forest structure (resulting in multilayered vertical structure), single and multiple tree -fall gaps, standing snags, and woody debris. Foraging occurs within forests, along forest edges, over forest clearings, and occasionally over ponds. Eleven individuals (10 males, 1 female) tagged with chemical lights observed during the summer in Missouri, foraged almost exclusively among the trees of hillside and ridge forests, rather than utilizing floodplain and riparian forests; frequently foraging occurred within one to three meters of the ground. Foraging bats doubled back frequently and only slowly moved out of the observation area. In Iowa, females were found primarily foraging in mature deciduous uplands with adjacent deep ravines and in a disturbed riparian area with an adjacent floodplain and agricultural lands. Hibernation occurs primarily in caves, mines, and tunnels, typically those with large passages and entrances, relatively constant and cool temperatures, high humidity, and no air currents. Hibernators frequently roost in crevices, drill holes, and similar sites where they may be overlooked during surveys, but roosting in the open is not uncommon. A lack of suitable hibernacula may prevent occupancy of areas that otherwise have adequate habitat. The project as proposed should not have a significant effect on northern long-eared bat because the crossing will be installed within an existing utility corridor that is already cleared of woody vegetation. Dwarf Flowered Heartleaf Status: Federally -Listed Threatened Biological Determination: May Affect, Not Likely to Adversely Affect Dwarf -flowered heartleaf is an evergreen, perennial herb in the birthwort family. It is distinguished from other members in the genus by the small size of the flowers. Varying flowering periods are provided in the available literature; Radford et al. (1968) indicate April to early May (1968), Weakley indicates March to June (2006), and the USFWS indicates the optimal survey window to be March to May (2006). The leaves are dark green, sometimes with silvery or gray mottling. Frequently, the tip of the leaf has a small indentation. The flowers are borne near the ground surface, often under leaf litter, and are brownish to greenish in color. The habitat of dwarf -flowered heartleaf is open deciduous woods, along streambanks, often on Pacolet, Madison, or Musella soils. The wooded, streamside area adjacent to the project corridor contains potentially -suitable habitat for this species. However, no individuals of this species were previously observed in this area, and the proposed =0 Pre -construction Notification DENC Permanent Stream Crossing Rutherford County, NC S&ME Project No. 7335-19-059 project will take place entirely within an existing utility easement. As such, this project it is not anticipated that this project will adversely affect populations of this species. Small Whorled Pogonia Status: Federally -Listed Threatened Biological Determination: May Affect, Not Likely to Adversely Affect Small whorled pogonia (Isotria medeoloides) is a member of the orchid family. According to the USFWS species description, it usually has a single grayish -green stem that grows about 10 inches tall when in flower and about 14 inches when bearing fruit. The leaves are arranged in a whorl near the top of the stem and beneath the flower. The leaves are grayish -green, somewhat oblong and one to 3.5 inches long. The greenish -yellow flowers are about 0.5 to one inch long and appear in May or June. The fruit, an upright ellipsoid capsule, appears later in the year. This species grows in older hardwood stands of beech, birch, maple, oak, and hickory that have an open understory. Sometimes it grows in stands of softwoods such as hemlock. It prefers acidic soils with a thick layer of dead leaves, often on slopes near small streams, and often occurs on flats or slope bases near canopy breaks. Other orchids such as Cypripedium acaule, Goodyera tesselata, G. pubescens, Corallorhiza maculata, C. odontorhiza, and Triphora trianthophora frequently occur with 1. medeoloides. Although most of the above -mentioned herbaceous species are quite common in a variety of habitats, they can serve as indicators of 1. medeoloides when they occur together in abundance. These ferns, clubmosses, evergreen forbs, and orchids characterize the plant community found on acidic, sloping, fragipan soils. The wooded, streamside area adjacent to the project corridor contains potentially -suitable habitat for this species. However, no individuals of this species were previously observed in this area, and the proposed project will take place entirely within an existing utility easement. As such, this project it is not anticipated that this project will adversely affect populations of this species. White Irisette Status: Federally -Listed Endangered Biological Determination: May Affect, Not Likely to Adversely Affect White irisette (Sisyrinchium dichotomum) is a perennial herb with winged, branching stems, four to eight inches tall, rising above basal clumps of blue-green, grass -like leaves. Tiny white flowers bloom at the ends of the stems from late May through July. The white flowers and dichotomous branching pattern distinguish it from similar species. The plant flowers and fruits from late May to July, and a relatively small number of seeds are produced. This species inhabits rich, basic soils in clearings and near the edges of upland woods where the canopy cover is thin, often in places where the humus or mineral soil layers have been exposed by downslope runoff, which has removed the litter layer from the soil's surface. In the past, the thin canopy cover (and possibly the thin litter layer as well) was maintained by periodic fires and by native grazing animals. Now, most populations are in artificially disturbed areas, such as power line and road easements. I. =0 Pre -construction Notification DENC Permanent Stream Crossing Rutherford County, NC S&ME Project No. 7335-19-059 The wooded, streamside area adjacent to the project corridor contains potentially -suitable habitat for this species. However, no individuals of this species were previously observed in this area, and the proposed project will take place entirely within an existing utility easement. As such, this project it is not anticipated that this project will adversely affect populations of this species. Rock Gnome Lichen Status: Federally -Listed Endangered Biological Determination: No Effect Rock gnome lichen (Gymnoderma (ineare) is one of two lichens on the federal list of threatened and endangered species, and the only member of the genus Gymnoderma to live in North America. Rock gnome lichen occurs in dense colonies of narrow strap -like lobes that are about 0.04 inch across and generally one to two centimeters (cm) long. These lobes are blue gray on the terminal upper surface, and generally shiny white on the lower surface, grading to black near the base. The fruiting bodies are born on the tips of these lobes, are black, and have been found from July through September. The primary means of propagation appears to be asexual, with colonies spreading clonally. This species occurs on shady or moss -covered rock. Further, it is found in areas of high humidity, either on high -elevation cliffs, where it is frequently bathed in fog, or in deep river gorges at lower elevations. It is primarily limited to vertical rock faces, where seepage water from forest soils above flows at (and only at) very wet times, and large stream side boulders, where it receives a moderate amount of light, but not high -intensity solar radiation. It is threatened by habitat change, especially due to loss of Fraser fir forests and by heavy recreational use of its habitat. Suitable habitat for rock gnome lichen was not observed in the project area, and the project is unlikely to affect populations of this species. Copies of the NCNHP and IPac reports are included with the information submitted online. Historic and Archaeological Resources Review of the National Historic Preservation Act GIS database indicated that the boundary of the Hillsborough Historic District is located approximately 1,100 feet northwest of the assessment area. The only other site within 2,000 feet of the assessment area is identified as the Occoneechi Gate (HPO Site ID OR0996), which is located approximately 1,200 feet northwest. We understand that you will complete coordination with the NC State Historic Preservation Office (SHPO). The project site was assessed in 2016 as part of a larger area subject to a Phase I Archaeological Assessment conducted by S&ME in connection with the T01 B Replacement Project (NC State Historic Preservation Office [SHPO] Project No. ER 16-0551). Results of the assessment were provided to SHPO in an October 2016 report. The closest site identified during the assessment (Site 31 PL102/102**) was a small nineteenth through twentieth century artifact scatter and prehistoric lithic scatter located approximately 230 feet west of Ken Miller Road and approximately 1,500 feet west of the current project site. This site was recommended ineligible for inclusion on the National Historic Registry. SHPO concurred with the findings of S&ME's report in a January 17, 2017 letter. Accordingly, this project should not affect historic, =0 Pre -construction Notification DENC Permanent Stream Crossing Rutherford County, NC SWE Project No. 7335-19-059 cultural or archaeological resources. Both the aforementioned Phase I report and SHPO concurrence letter for that project can be provided upon your request. Avoidance and Minimization To minimize impacts to waters of the U.S., DENC has proposed to limit the space within which the work will be conducted to the existing easement. Additionally, construction equipment operating near the stream will be limited to that necessary for culvert installation activities. If necessary, vegetation near the stream will be cut at ground level, leaving existing root systems in place to promote re -growth. The project has designed to incorporate appropriate erosion and sediment control practices outlined in the most recent version of the "North Carolina Erosion and Sedimentation Control Planning and Design Manual" and approved by NCDENR prior to construction. As proposed, the project will comply with applicable conditions of NWP No. 12 and WQC No. 4133. Following the repair work, any affected stream banks outside of the crossing footprint will be restored to their original grade and contour. As proposed, the project will not result in permanent changes in pre - construction elevation contours or affect dimension, pattern or profile of the affected stream beyond the proposed crossing footprint. Any temporarily affected areas are proposed to be restored in accordance with the attached Restoration Plan following completion of the work. Because the total permanent stream impacts do not exceed 150 If, compensatory stream mitigation should not be required. Closing By copy of this correspondence and completed PCN, we are requesting your written concurrence with this permit application. If you have questions or need additional information, please feel free to contact us at 704.523.4726. Sincerely, S&ME Joey Lawler, PWS Project Manager Senior Review by Jason Reeves, PE, Principal Engineer cc. Robert Schwartz, PE — DENC Figures i r REFERENCE: GIS BASE LAVERS WEREOBTAINED FROM ESRI/COUNTY SOURCES. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYEDARE _ APPROXIMATED.THEYARE NOTBASED ON CIVIL SURVEY INFORMATION, UNLESSSTATED 100 200 OTHERWISE. m m (PROPOSED CROSSING LOCATION J<� 1 • + O + M201 Pipe Centerline =0 III SCALE: As Shawn DATE: 12-9-19 PROJECT NUMBER 7335-19-059 FIGURE NO 2 Delineation Information Site Photographs wnm III- _ i SITE PHOTOGRAPHS DENC Permanent Stream Crossing T01/M201 Pipeline Easement Rutherford County, NC S&ME Project No. 7335-19-059 PHOTOGRAPH1 VIEWING DIRECTION: East DESCRIPTION/COMMENT: View of proposed stream crossing location from west side of Stream S1. PHOTOGRAPH 2 VIEWING DIRECTION: Southeast ;= y' w DESCRIPTION/COMMENT: Second = view of proposed stream crossing = location from east side of Stream S1. ,,q ; SITE PHOTOGRAPHS DENC Permanent Stream Crossing T01/M201 Pipeline Easement Rutherford County, NC S&ME Project No. 7335-19-059 PHOTOGRAPH VIEWING DIRECTION: North DESCRIPTION/COMMENT: View of'� stream S1 and adjacent wetland (WA). ?y4 V PHOTOGRAPH 4 VIEWING DIRECTION: South DESCRIPTION/COMMENT: View of % .,, ..- �' K Stream S1 facing downstream. •, F '�i'a. �Av �l Sr r lit dip. ��' � (��, AI / 1 ��Y� 51 / r•+��� �i L. � 9��i/� e Y r i q 'i �l ' 1� �� �,Y6 i�� �`��V�, Yl��,\ �:A1� ��� IMN _: � � �4� /.fi' !y'�f�� �, R e � �> . °fir -;,� ► � ,fa��4s�.sr �� SITE PHOTOGRAPHS DENC Permanent Stream Crossing T01/M201 Pipeline Easement Rutherford County, NC S&ME Project No. 7335-19-059 PHOTOGRAPH VIEWING DIRECTION: South 's DESCRIPTION/COMMENT: Second may•1:: ,. - . .� �, - +. k: '. _ view of Stream S1 facing south. PHOTOGRAPH 6 VIEWING DIRECTION: West DESCRIPTION/COMMENT: View of r easement from east side of Stream 1 3 Completed Pre -Construction Notification (PCN) and Authorization to Act as Agent DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned * Version#* 20150994 4 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office * Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Amy Annino:eads\amannino Information for Initial Review 1a. Name of project: DENC Permanent Stream Crossing 1a. Who is the Primary Contact?* Robert Schwartz PE 1b. Primary Contact Email:* aaron.schv4artz@scana.com Date Submitted 1/14/2020 Nearest Body of Water UT to Broad River Basin Broad Water Classification WS-IV Site Coordinates Latitude: 35.2766271 A. Processing Information County (or Counties) where the project is located: Rutherford Is this project a public transportation project?* r Yes r No Longitude: -81.995146 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) 1c. Primary Contact Phone:* (803)217-7112 U 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit F Individual Permit 12 - Utility Lines le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)iress F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. lathe project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Green River Farm, LLC 2b. Deed book and page no.: Book 792, Page 62 2c. Responsible party: Dominion Energy North Carolina (easement only) 2d.Address Street Address 220 Operations Way Address tine 2 MC C221 City Cayce Fbstal / Zip Code 29033 2e. Telephone Number: (803)217-7112 2g. Email Address:* aaron.schvvartz@scana.com 3. Applicant Information (if different from owner) State / Rmince / Region South Carolina Country USA 2f. Fax Number: r Yes r No r Yes r No 3a. Name: Robert Schwartz, PE 3b. Business Name: Dominion Energy North Carolina 3c.Address Street Address 220 Operations Way Address Line 2 MC C221 City Cayce Postal / Zip Code 29033 3d. Telephone Number: (803)217-7112 3f. Email Address:* aaron.schwartz@scana.com 4. Agent/Consultant (if applicable) 4a. Name: Joey Lawler, PWS 4b. Business Name: S&ME, Inc. 4c.Address Street Address 9751 Southern Pine Blvd. Address Une 2 aty Charlotte Postal / Zip Code 28273 4d. Telephone Number: (704)604-6474 4f. Email Address:* jlawler@smeinc.com State / Rovince / Region South Carolina Country USA 3e. Fax Number: State / Province / Region North Carolina Country USA 4e. Fax Number: Agent Authorization Letter* Agent Authorization Form - Culvert Replacement_Signed.pdf 452.72KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) NIA 1c. Nearest municipality/ town: Tryon 2. Project Identification 2a. Property Identification Number: 2b. Property size: 1402051 549 2c. Project Address Street Address Ebsting natural gas pipeline easement east of Ken Miller Road Address Line 2 city State / Province / Region Rutherfordton North Carolina Postal / Zip Code Country 28139 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT to Broad River 3b. Water Resources Classification of nearest receiving water:* WS-IV 3c. What river basin(s) is your project located in?* Broad 3d. Please provide the 12-digit HUC in which the project is located. 030501050309 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* DENC is planning to construct a permanent crossing of a small stream located within their existing T01/M201 natural gas transmission pipeline easement. The subject stream is located within the existing maintained easement, approximately 1,200 feet east of Ken Miller Road. The vicinity consists largely of undeveloped woodland and scattered residential development. See cover letter for additional details. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). DWR #15-0994 V3 and SAW-2016-00773 Project History Upload 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Fig 2 - USGS.pdf 224.67KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Fig 3 - Soils.pdf 236.95KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.10 4g. List the total estimated linear feet of all existing streams on the property: 75 4h. Explain the purpose of the proposed project:* The purpose of the project is to provide permanent access to the portion of the easement located between the subject stream and the Broad River to the east. Currently, there is no other way for a bush hog or other maintenance equipment to routinely access this portion of the easement. See cover letter for additional details. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Installation of the new pipe will occur in conjunction with a separate, nearby project that involves replacement of an exposed portion of the M201 gas line beneath the Broad River by horizontal directional drill. While replacement of the gas line beneath the river will not involve impacts to jurisdictional areas, construction of the new permanent crossing that is the subject of this permit application will help facilitate access for that project. Construction of the permanent stream crossing will first entail installation of coffer dams upstream and downstream of the proposed crossing location. Appropriate erosion and sediment control measures will first be employed as necessary to prevent sedimentation outside of the work area. A dry workspace will then be established by pumping clean water from above the upstream coffer dam and around the work area to belowthe downstream coffer dam. The water will be pumped into a filter bag or dewatering structure sited in a vegetated area on the south side of the work area, and the water will eventually back into the stream. Secondary containment will be utilized to prevent any leakage associated with the pump. Upon establishment of the dry work area, the new crossing will be constructed. The new culvert wall consist of a 40-foot long, 48-inch dimeter reinforced concrete pipe. The new pipe has been sized to pass the average historical low flow and was sized to accommodate a 10-year storm event without adversely altering normal flow velocity. The bottom 20 percent of the new culvert will be embedded to promote the safe passage of fish and other aquatic organisms. The pipe will then be overtopped oath clean earthen fill material to establish the equipment access road at a grade sufficient to allow safe passage of equipment. A 5-foot long, flexible revetment scour transition mat will be embedded in the streambed at the culvert outlet. The crossing has been designed and should be constructed to maintain the normal dimension, pattern, and profile of the stream by not widening or reducing the depth of the stream above and below the crossing. 4j. Please upload project drawings for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: The project area was previously delineated in 2016 for the T01 B Replacement Project. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2016-00773 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Joey Lawler, PWS; Walter Cole, LSS ; Ashley Bentz, PWS O Unknown Agency/Consultant Company: S&ME, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR In connection with the T01 B Replacement project, representatives of the USACE (David Brown and Steve Kichefski) and NCDWR (Kevin Mitchell) visited the project site on November 17, 2016 to approve the delineation and verify the location/classification of affected features. The project area was re -assessed by S&ME on August 6, 2019 to confirm the findings of the previous delineation. 5dl. Jurisdictional determination upload T01 B Replacement Pre -JD Approval.pdf 1.37MB Data Forms.pdf 232.96KB Stream Form.pdf 120.94KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. For efficiency purposes, the stream crossing will likely be constructed in conjunction with a separate but nearby pipe replacement project that will not impact any other jurisdictional areas. D. Proposed Impacts Inventory V 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries ❑ Buffers r Open Waters F Pond Construction 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* ��name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 Permanent Access Permanent Culvert UT to Broad River Perennial Both 4 Average (feet) 45 (linearfeet) S2 Temporary Dewatering Temporary Dewatering UT to Broad River Perennial Both 4 Average (feet) 15 (lir�rfeet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 45 31. Total stream and ditch impacts: 60 3j. Comments: 3i. Total temporary stream impacts: 15 The new permanent crossing will result in approbmately 45 If of stream impact. For purposes of this permit, an additional 15 If of temporary stream impact has been included to account for construction of the coffer dams and temporary disturbance and de -watering of the stream within and adjacent to the work area. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: To minimize impacts to waters of the U.S., DENC has proposed to limit the space within which the work will be conducted to the epsting easement and avoided a nearby wetland. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction equipment operating near the stream vAll be limited to that necessary for culvert installation activities. If necessary, vegetation near the stream will be cut at ground level, leaving eAsting root systems in place to promote re -growth. The project has designed to incorporate appropriate erosion and sediment control practices outlined in the most recent version of the "North Carolina Erosion and Sedimentation Control Planning and Design Manual' and approved by NCDENR prior to construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Project does not impact more than 150 LF of stream. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: Project is not located within a basin subject to riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No Comments: WA G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15ANCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15ANCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. Project is not considered growth -inducing. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCNHP and FWS IPaC. The project site was originally reviewed in 2016 as part of the T01 B Replacement Project. Results of the assessment were provided to the FWS in an October 31, 2016 report that concluded the proposed project was unlikely to adversely affect populations of federally - protected flora and fauna listed above or their critical habitat. Following USFWS review report, the agency responded with a November 7, 2015 letter stating that they concurred with S&ME's findings, and concluded that the requirements under section 7 of the Act had been fulfilled. Consultation Documentation Upload 17-065 sec 7 PSNC T-01A Gas Pipeline Replacement Phase Il.pdf 51.02KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* https://www.fisheries. noaa. gov/resou rce/ma p/esse ntial-fish-habitat-ma ppe r 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The project site was assessed in 2016 as part of the T01 B Replacement Project (NC State Historic Preservation Office [SHPO] Project No. ER 16- 0551). Results of the assessment were provided to SHPO in an October 2016 report. The closest site identified during the assessment (Site 31 PL102/102**) was a small nineteenth through twentieth century artifact scatter and prehistoric lithic scatter located approximately 230 feet west of Ken Miller Road and approximately 1,500 feet west of the current project site. This site was recommended ineligible for inclusion on the National Historic Registry. SHPO concurred with the findings of S&ME's report. Accordingly, this project should not affect historic, cultural or archaeological resources. 7c. Historic or Prehistoric Information Upload T-001 Phase II SHPO Response 1-20-17.pdf 107.33KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* hftps://msc.fema.gov/portal/search Miscellaneous Comments Miscellaneous attachments not previously requested. Fig 1 - Vcinity.pdf Fig 4 - Approx Waters.pdf Cover Letter.pdf Restoration Plan.pdf Site Photos.pdf Coffer Dam Detail.pdf Cross-Section.pdf Plan View.pdf Signature * W By checking the box and signing below, I certify that: 581.46KB 560.73KB 222.2KB 125.94KB 470.94KB 419.04KB 1.2MB 2.12MB • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Joey Lawler Signature v J6r,Y 4.4W Date 1/14/2020 AGENT AUTHORIZATION FORM Daa ee nrgssn unmvmayon S&ME Project Name: Type of Project: Location: roperty Owner/Rep Owner Name: Mailing Address: City, State, Zip Code: Telephone No. Contact: Onfopmation business iVame: Street Address: City, State, Zip: Telephone No. Contact: DENC Permanent Stream Crossing Culvert Installation Project Rutherford County, NC Information Dominion Energy Southeast Services, Corporate Environmental 220 Operations Way, MC 221 1 Cayce, SC 29033 803.217.7112 Robert Schwartz, PE S&ME, Inc. 9751 Southern Pine Blvd Charlotte, NC 28273 704.523.4726 Joey Lawler, PWS / Walter Cole, LSS �€ ore�aLior�° I, Ko ck k 1 " k `, D ' T� hereby authorize S&ME, Inc. to SllbrTlll: Iflfort nation to and coordinate to with LIIC VJ NI(Ily LUI ps UI Engineers (USACE) and/or the NC Division of Environmental Quality (NCDEQ) and other relevant Federal/State/Local agencies pursuant to obtaining necessary environmental permits for the project referenced above. If applicable, this also authorizes the USACE/NCDEQ to access the proposed easement for the purposes of conducting site assessment/confirming the accuracy of delineated boundaries. S&ME, INC. / 9751 Southern Pine Blvd / p 704.523.4726 f 704.525.3953 / www.smeinc.com Construction Drawings SAN A' III --- -- -- ----- - - _ '- - -- =1 _� HB HB HC HC — — — — — — — — — — — — — — _— — — — — DBAGS (TYP.) -III I I I I 30 MIL HDPE LINER —III', ;111111 A COFFER DAM SECTION VIEW =I o oI LL I � I w K I I I I I ---I-- — — — — — — — — — — — — — — -- --------- 7 I I 30 MIL HDPE LINER e 1! u I I I I z z m m I I O ip O TOP OF BANK 30 MIL HDPE LINER OHWM V rSTREAM FLOW CROSS-SECTION A -A' COFFER DAM NOTES 1. CONSTRUCT TEMPORARY COFFER DAMS WITHIN EDGES OF CONSTRUCTION EASEMENT. CONSTRUCT DAMS USING SANDBAGS COVERED WITH CLEAN 30 MIL HDPE LINER OR CLEAN STEEL PLATE DRIVEN INTO THE STREAM BANKS AND STREAM BED. USE SANDBAGS TO SHORE STEEL PLATE IF NEEDED. 2. THE HEIGHT OF THE COFFER (HC) DAM SHALL BE CALCULATED USING BOTH OF THE FOLLOWING METHODS. A. HC = HB/4 + 1-FT. (HB = HEIGHT OF STREAM BANK IN FEET) WITH A 2-FT. MINIMUM DAM HEIGHT B. HC = BASE FLOW + 1-FT. (BASE FLOW TO BE IDENTIFIED IN THE FIELD PRIOR TO CONSTRUCTION) THE GREATER OF THE TWO RESULTING HEIGHTS SHALL BE USED FOR THE COFFER DAM. ADDITIONAL HEIGHT MAY BE REQUIRED BASED ON FLOW CONDITIONS AT THE TIME OF CONSTRUCTION. 3. CONTRACTOR SHALL ENSURE TIGHT SEAL OF SANDBAG COFFER DAM. 4. SAND BAGS SHOULD BE PLACED ALONG THE EDGES OF THE COFFER DAM TO KEEP WATER FROM CUTTING AROUND THE COFFER DAM. SCALE N.T.S. DATE: 1-7-20 PROJECT NUMBER 7335-19-059 FIGURE NO. .N 2 V 0 M M N 820 818 816 814 812 810 W w 808 806 0 804 802 800 W 798 796 794 792 790 • 9751 SOUTHERN PINE BLVD CHARLOTTE, NC 28273 (704)523-4726 STATION ENGINEERING FIRM LICENSE NUMBER: F-0176 810 810 4-IN. OF ABC CRUSHED 808 - STONE SURFACING 808 PROPOSED FINAL GRADES 806 - APPROXIMATE EXISTING GROUND SURFACE 806 W W w 804 ROAD EL. 8 3-FT. 804 w 2.5 802 - 1 �1 802 0 800 - 800 O Dominion 798 798 Energy gy� 796 796 W W �l 48-IN. HDPE PIPE INLET �l W 794 - (STA. 0+02.5, INVERT EL. 797') 794 W 48-IN. HDPE PIPE OUTLET 792 - (STA. 0+37.8, INVERT ELEVATION 796') 792 790 790 0+00 0+10 0+20 0+30 0+40 0+45 STATION a U Q � 2 J u _ > � m PROFILE A — Al J Q O d d Q 0 w Z Q w a l7 � z vui STATION ° w -I r PROPOSED CUT II 4-IN. OF ABC C USHED -_ PROPOSED FINAL GRADES STONE SU FACING EL.803-FT. - TOP OF PIPE 2.25' CLEARANCE - =1 EL. 00.75-FT.I- APPROXIMATE EXISTING GROUND SURFACE c�l__ IM Sew I-- _ I STREAM FLOW - - - ��-�- (VARIES) - PROPOSED FILL -I PROPOSED 4 -IN. HDPE (54-IN. O.D.) STREAMBED MATERIAL INVERT 796.5-FT. L L L L L L L L L L L Lj L L 820 0- ccl 818 11 0 w D 816 n 0 814 o W 0 812 o p 0 810 W a °z W 808 w 806 0 804 0 ~ (7 z [� u L O 802 W U _ 800 1.4 V) w 0 Q 0 O 798 1:4 Lu z u N 796 Z z Z w =) OU 794 W Q 792 w a O O U � 790 w Lu � 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 1+20 1+26 =) STATION GENERAL NOTES: PROJECT NUMBER 1. S&ME HAS NOT VERIFIED THE LOCATION OF EXISTING UTILITIES. THE CONTRACTOR SHALL BE RESPONSIBLE FOR FIELD VERIFYING THE LOCATION OF ALL UTILITIES IN THE WORK AREA PRIOR TO CONSTRUCTION AND IS SOLELY RESPONSIBLE FOR SITE CONSTRUCTION 0 5 10 15 7335-19-059 SAFETY. DRAWING NUMBER 2. UTILITIES NOT SHOWN ON THIS PLAN MAY BE PRESENT DUE TO ONGOING CONSTRUCTION IN THE PROJECT VICINITY. PROFILE B - B' GRAPHIC SCALE (IN FEET) 02 O� CONTRACTOR TO COORDINATE WITH SITE DEVELOPMENT CONTRACTORS ON UTILITY LOCATIONS AND WORKSPACE AVAILABILITY. rn O G) Lr) M M r- J NCNHP Database Report and FWS IPac Report North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper January 19, 2017 Kimberly Nagle S&ME, Inc. 134 Suber Road Columbia, SC 29210 Re: T-001A Phase 2 Pipeline Replacement, S&ME 7435-16-013, Cleveland, Polk, and Rutherford Counties, ER 16-0551 Dear Ms. Nagle: Office of Archives and History Deputy Secretary Kevin Cherry Thank you for your letter of November 8, 2016, transmitting the archaeological survey report by S&ME for the above project. The report meets our guidelines as well as those of the Secretary of the Interior. We apologize for the delay in our response. During the course of the survey, 23 archaeological sites were located within the project area. For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that archaeological sites 31CL129-133, 31CL135-137, 31CL139, 31PL101-105, and 31RF243-244 are not eligible for listing in the National Register of Historic Places. These sites do not retain sufficient subsurface integrity or artifact density to yield information important to history or prehistory. 31CL138 was not fully delineated or evaluated, but will be unaffected by project construction as currently planned. If there are design changes in this area, additional consultation is necessary. Cemetery site 31CL134 is evaluated as eligible for listing in the National Register of Historic Places under Criteria B and C. We do not concur with this evaluation. However, in accordance with North Carolina state laws, the cemetery is protected from disturbance and it is our understanding that a 100-foot buffer has been established for avoidance during construction activities. S&ME has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since the project will not involve significant archaeological resources. We look forward to further consultation if any alterations to the current plan are proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fas: (919) 807-6570/807-6599 Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review2ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 December 7, 2016 Mr. Joey Lawler S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, North Carolina 28273 Dear Mr. Lawler: Subject: Federally Listed Species Assessment, PSNC Energy's (PSNC) Proposed 48-Mile T-01A Gas Pipeline Replacement Project — Phase II, located in Polk, Rutherford, and Cleveland Counties, North Carolina (S&ME Project No. 7335-16-013) Dear Mr. Lawler: On May 31, 2016, Mr. Bryan Tompkins of this office met with you and representatives from the US Army Corps of Engineers (Corps), North Carolina Division of Water Resources, and PSNC at a pre -application meeting held at the NCDENR office. In that meeting Mr. Tompkins informed you of the potential impacts that the project could have on federally listed species. He requested that surveys for federally listed species be conducted within suitable habitat areas along the pipeline corridor. On November 10, 2016, we received a copy of your Protected Species Assessment for the subject project. We have reviewed the information you presented and are providing the following comments in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§4321 et seq.) (NEPA); 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). According to the information that you presented, PSNC is proposing to replace about 48-miles of existing 8-inch natural gas pipeline with a 24-inch pipeline. The pipeline replacement will extend from Mill Spring in Polk County to Kings Mountain in Cleveland County. About 40 miles of the pipeline replacement will occur within the existing, maintained pipeline easement. Installation of the new pipeline will deviate from the existing corridor at several locations totaling about 8 miles in length. The areas adjacent to the existing pipeline corridor consists of wooded areas, open fields, agricultural areas, and commercial/residential/light industrial development. The pipeline replacement will require numerous stream and wetland crossings and PSNC will be applying for a Nationwide Permit from the Corps to authorize the impacts. The project will result in about 605.10 acres of disturbance. About 402.86 acres of the project disturbance area consists of non - forested areas and existing pipeline corridor and about 202.24 acres of forested land occurs within the land disturbance area associated with the project. Federally Listed Species — According to the information provided, S&ME personnel conducted surveys for federally listed species known to occur within Polk, Rutherford, and Cleveland Counties throughout the proposed project area (existing pipeline corridor and proposed areas of new disturbance). Surveys and assessments were conducted over a period ranging from May 2016 to August 2016. Surveys were conducted for dwarf -flowered heartleaf (Hexastylis naniflora) which is currently federally listed as a threatened species; as well as small -whorled pogonia (Isotria medeoloides), rock gnome lichen (Gymnoderma lineare), and white irisette (Sisyrinchium dichotomum) which are all currently federally listed as endangered species. Although suitable habitat for rock gnome lichen, white irisette, and small -whorled pogonia was found to occur within the project area, no individuals of these species were found. S&ME determined the project "may affect, but is not likely to adversely affect" these species. We concur with S&ME's "not likely to adversely affect" determination for rock gnome lichen, white irisette, and small -whorled pogonia. S&ME conducted surveys for dwarf -flowered heartleaf in areas of suitable habitat within the project area. Twelve populations (totaling about 1,588 individual plants) of dwarf -flowered heartleaf were found during surveys. S&ME positively identified seven of the twelve populations of dwarf -flowered heartleaf. The other five populations were found outside of the flowering period (April -May) so positive identification was not possible. Although these populations could not be positively identified, S&ME is treating these populations as dwarf - flowered heartleaf and they have been included in Table 1: Summary of Dwarf -Flowered Heartleaf Locations found on page 9 of the Protected Species Assessment. S&ME indicates that no dwarf -flowered heartleaf populations will be directly impacted by the proposed project; however, land clearing operations associated with the project could result in indirect effects to some individuals that occur within 15-feet of the existing easement or proposed temporary workspace. Of the 1,588 dwarf -flowered heartleaf plants that occur within the project area, only 13 (less than 0.01%) plants were found to occur within 15-feet of the existing easement or proposed temporary workspace. PSNC has eliminated temporary workspaces at locations where the plants were identified and a section of the proposed permanent and temporary easements were re-routed to avoid direct and indirect impacts to the dwarf -flowered heartleaf populations. Additionally, PSNC has agreed to the following measures to further minimize potential indirect effects associated with the project: 1) Identified plant locations will be depicted on the project alignment sheets and notes regarding their avoidance will be included in the property line list of special conditions; 2) Strict boundary control of project easements will be followed. Brightly colored barricade fencing (construction fence) will be installed along the edge the temporary 2 work space closest to the population prior to construction; and 3) A pre -construction meeting with clearing and construction contractors will be conducted to review the reason for the construction fencing and reiterate the importance of limiting the work areas to the bounds of the fencing. All trees to be cut will be felled into construction/disturbed areas and away from dwarf - flowered heartleaf populations. S&ME has determined that the proposed project "may affect, but is not likely to adversely affect" dwarf -flowered heartleaf. We commend PSNC for taking steps to avoid direct impacts to this species. If the above listed minimization measures are included in the permit and implemented into the project plans, we can concur with S&ME's "not likely to adversely affect" determination for the proposed project. Habitat for the federally threatened northern long-eared bat (Myotis septentrianalis) and Indiana bat (Myotis sodalis), which is currently federally listed as an endangered species, was also found to be present within the project area. S&ME concluded that the project is "not likely to adversely affect" Indiana bat because the only occurrence record for this species is at Bat Cave in Rutherford County and is not near the project area. We concur with the "not likely to adversely affect" determination for Indiana bat. In regards to northern -long eared bat, no known roost trees occur within 150-feet of the proposed pipeline corridor and no know hibernacula occur within 0.25-mile of the pipeline corridor. The nearest known occurrence of northern -long eared bat is about 5-miles from the pipeline corridor. As indicated, the proposed project will require the clearing of about 202-acres of forested land although most of the tree clearing activities will be conducted outside of the recommended maternity roosting moratorium of May 15-August 15. Further S&ME conducted an assessment of forested area affected by the project compared to the surrounding area. S&ME established a one kilometer corridor along the proposed pipe centerline with a land area of about 19,120 acres. Using the 2011 National Land Cover Database, S&ME found that about 46.3% (8,853-acres of the 19,120-acres) were forested. Therefore, the 202.24- acres of proposed clearing will result in a 2.3% reduction of forested land within the one kilometer corridor. Because: 1) the project site is over 5-miles away from the nearest known occurrence; 2) there is a large amount of suitable habitat adjacent to the site and in the surrounding area; 3) the project will result in a relatively small amount of loss of forested habitat; and 4) a majority of the forest clearing associated with the project will be conducted outside of the summer maternity roost season, S&ME has determined that the project "may affect, not likely to adversely affect" northern long-eared bat. For these reasons, and because the probability of "take" that could occur from this project is discountable, we concur with S&ME's "may affect, not likely to adversely affect" determination for northern long-eared bat. We concur with the determinations made by S&ME for the above listed species. Further, we believe that a "no effect" determination is warranted for all other federally listed species known to occur in Polk, Rutherford, and Cleveland Counties. 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. 3 Utility Line Crossings. In the interest of reducing impacts to natural resources, utility crossings (i.e., sewer, gas, and water lines) should be kept to a minimum, and all utility infrastructure (including manholes) should be kept out of riparian buffer areas. If a utility crossing is necessary, we recommend that you first consider the use of directional boring. Directional boring under streams significantly minimizes impacts to aquatic resources and riparian buffers. If directional boring cannot be used and trenching is determined to be the only viable method, every effort should be made to ensure that impacts to in -stream features are minimized and stable upon completion of the project. Our past experiences with open -trench crossings indicate that this technique increases the likelihood for future lateral movement of the stream (which could undercut or erode around the utility line), and the correction of such problems could result in costly future maintenance and devastating impacts to natural resources. Therefore, as much work as possible should be accomplished in the dry, and the amount of disturbance should not exceed what can be successfully stabilized by the end of the workday. In -stream work should avoid the spring fish -spawning season and should consider forecasted high -flow events. Regardless of the crossing method, all utility lines should cross streams perpendicularly. We strongly encourage that a qualified biologist monitor the work area until the work is complete in order to identify any additional on -site impact -minimization measures. The Service may be available to assist you in this effort. To determine if any maintenance is required, the work site should be monitored at least every 3 months during the first 24 months and annually thereafter. Moreover, we recommend the development of a riparian monitoring and maintenance program that would outline procedures for the prompt stabilization of streambanks near the utility crossing (should any streambank erosion or destabilization occur) throughout the life of this project. Project Recommendations - We are concerned about the introduction and spread of invasive exotic species in association with the proposed project. Without active management, including the revegetation of disturbed areas with native species, project corridors will likely be sources of (and corridors for) the movement of invasive exotic plant species. Exotic species are a major contributor to species depletion and extinction, second only to habitat loss. Exotics are a factor contributing to the endangered or threatened status of more than 40 percent of the animals and plants on the Federal List of Endangered and Threatened Wildlife and Plants.a It is estimated that at least 4,000 exotic plant species and 2,300 exotic animal species are now established in the United States, costing more than $130 billion a year to control.b Additionally, the U.S. Government has many programs and laws in place to combat invasive species (see www.invasivespecies.gov). Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive Species (February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the aD.S. Wilcove, D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species in the United States. BioScience 48:607-615. bD. Pimentel, L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous species in the United States. BioScience 50:53-65. 4 United States or elsewhere." Despite their short-term erosion -control benefits, many exotic species used in soil stabilization seed mixes are persistent once they are established, thereby preventing the reestablishment of native vegetation. Many of these exotic plants' are also aggressive invaders of nearby natural areas, where they are capable of displacing already -established native species. Therefore, we strongly recommend that only species native to the natural communities within the project area be used in association with all aspects of this proj ect. We also recommend that seeds for native plants that are beneficial to pollinators be included in the seed mixes. Pollinators, such as most bees, some birds and bats, or other insects, including moths and butterflies, play a crucial role in the reproduction of flowering plants and in the production of most fruits and vegetables. Over 75 percent of flowering plants and about 75 percent of crops are pollinated by these pollinators. A recent study of the status of pollinators in North America by the National Academy of Sciences found that populations of honey bees (which are not native to North America) and many wild pollinators are declining. Declines in wild pollinators are a result of loss, degradation, and fragmentation of habitat and disease; while declines in honey bees has also been linked to disease. Because loss of habitat and diminished native food sources have decreased the populations and diversity of pollinators throughout the country, we recommend that development projects be sited in areas that are previously disturbed (fallow fields, closed industrial sites, etc.) or sites that do not impact mature forests, streams, or wetlands. To offset the overall impacts of development and/or to increase the habitat and species diversity within the project area, we further recommend the following measures be implemented into project design: 1. Throughout the site, sow native seed mixes with plant species that are beneficial to pollinators. Taller -growing pollinator plant species should be planted around the periphery of the site and anywhere on the site where mowing can be restricted during the summer months. Taller plants, not mowed during the summer, would provide benefits to pollinators, habitat to ground-nesting/feeding birds, and cover for small mammals. Low-growing/groundcover native species should be planted in areas that need to be maintained. This would provide benefits to pollinators while also minimizing the amount of maintenance, such as mowing and herbicide treatment. Using a seed mix that includes milkweed species (milkweed is an important host plant for monarch butterflies) is especially beneficial. The following Web site provides a comprehensive list of native plant species that benefit pollinators: https://mail.google.com/mail/u/0/#advanced-search/subject pollinator&subset= all&has anita&within Id&sizeoperator s sl&sizeunit s smb/14J0366dba7d3bda? projector]. Additional information regarding plant species, seed mixes, and pollinator habitat requirements can be provided upon request. Attachment 1 of this letter includes a Lists of invasive exotic plants can be found at http://www.tneppc.org/and http:/hvww.invasive.org/eastern/srs/ (exotic wildlife links) on the Internet. 5 sample upland mix that can be used in conjunction with a fast growing erosion control seed mix for overall soil stability and pollinator benefits. 2. Provide nesting sites for pollinator species. Different pollinators have different needs for nesting sites. Therefore, we recommend designing the solar facility to maintain a diverse array of habitats to accommodate varied pollinators, from hummingbirds to butterflies to bees. Hummingbirds typically nest in trees or shrubs while many butterflies lay eggs on specific host plants. Most bees nest in the ground and in wood or dry plant stems. For additional information and actions that can be taken to benefit pollinators please visit the following Web site: http: //www.fws.govlpollinatorslpollinatorpageslyourhelp. html. We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference our Log Number 4-2-17-065. Sincerely, - - original signed - - Janet Mizzi Field Supervisor E-copy: Mr. David Brown, US Army Corps of Engineers, Asheville Regulatory Field Office 0 Attachment 1— Sample Upland Meadow Seed Mix for NC Piedmont This is an example upland pollinator seed mix that is suitable for the project site. This list is not an all-inclusive list nor does a pollinator planting project need to include all of these species. I can help to customize a seed mix for the project area which could decrease costs if requested. 20% Indiangrass, NC Ecotype (Sorghastrum nutans, NC Ecotype) 18% Beaked Panicgrass, SC Ecotype (Panicum anceps, SC Ecotype) 14% Little Bluestem, Piedmont NC Ecotype (Schizachyrium scoparium, Piedmont NC Ecotype) 10% Virginia Wildae, PA Ecotype (Elymus virginicus, PA Ecotype) 6% Purpletop, Southeastern VA Ecotype (Tridens flavus, Southeastern VA Ecotype) 3% Bigtop Lovegrass, VA Ecotype (Eragrostis hirsuta, VA Ecotype) 3% Blackeyed Susan, Coastal Plain NC Ecotype (Rudbeckia hirta, Coastal Plain NC Ecot e 2.5% Sensitive Pea, NC Ecotype (Chamaecrista nictitans, NC Ecotype) 2% Lanceleaf Coreopsis, Coastal Plain NC Ecotype (Coreopsis lanceolata, Coastal Plain NC Ecotype) 2% Spiked Wild Indigo, NC Ecotype (Baptisia albescens, NC Ecotype) 2% Winter Bentgrass, NC Ecotype (A org stir hyemalis, NC Ecotype) 2% Slender Bushclover, VA Ecotype (Lespedeza virginica, VA Ecotype) 2% Scaly Blazing Star, VA Ecotype (Liatris squarrosa, VA Ecotype) 2% Appalachian Beardtongue, SC Ecotype (Penstemon laevigatus, SC Ecotype) 2% Wild Quinine, NC Ecotype (Parthenium integrifolium, NC Ecotype) 2% Slender Indiangrass, NC Ecotype (Sorghastrum elliottii, NC Ecotype) 1% Grassleaf Blazing Star, NC Ecotype (Liatris graminifolia (L. pilosa), NC Ecotype) 1% Mistflower, VA Ecotype (Eupatorium coelestinum (Conoclinium c.), VA Ecotype) 1% Splitbeard Bluestem, VA Ecotype (Andropogon ternarius, VA Ecotype) 1% Spotted Beebalm, Coastal Plain SC Ecotype (Monarda punctata, Coastal Plain SC Ecotype) 1% Orange Coneflower, Northern VA Ecotype (Rudbeckia fulgida var. fulgida, Northern VA Ecotype) 0.5% Late Purple Aster, NC Ecotype (Aster patens, NC Ecotype) 0.5% Wild Indigo, Coastal Plain SC Ecotype (Baptisia tinctoria, Coastal Plain SC Ecot e 0.5% Anise Goldenrod, GA Ecotype (Solidago odora, GA Ecotype) 0.5% Gray Goldenrod, VA Ecotype (Solidago nemoralis, VA Ecotype) 0.5% Swamp (Narrowleaf) Sunflower, Coastal Plain NC Ecotype (Helianthus angustifolius, Coastal Plain NC Ecotype) Total: 100% 7 Restoration Plan RESTORATION PLAN DENC Permanent Stream Crossing Rutherford County, North Carolina The proposed project has been designed to avoid and minimize jurisdictional impacts where practicable. As part of mitigation for unavoidable impacts, the following plan shall be implemented to restore temporarily -affected portions of the stream. This plan entails restoration of temporarily -disturbed areas to their original contours and conditions to the degree practicable upon project completion. Aside from that necessary to install the pipe, no additional fills or spoils of any kind will be permanently placed within or along the stream banks. Further, disturbed areas and streambanks will be permanently stabilized with a native vegetative cover. The measures outlined below will incorporated into the project plans. Proposed restoration activities will include removal of placed fill material (coffer dams) and restoration of original pre -disturbance contours. The native seed mix identified in Table 1 below will be utilized at affected portions of the streambank. Table 1: Riparian Seed Mix* . • - EI mus vir inicus Virginia wild rye 20 A rostis perennans Autumn bentgrass 15 Panicum vir atum Switchgrass 15 Rudbeckia hirta Black-eyed Susan 10 Coreo sis lanceolata Lanceleaf Coreo sis 10 Andro 0 on gerardii Big bluestem 10 Juncus effusus Soft rush 5 Schizach rium sco arium Little bluestem 5 Sorghastrum nutans Indian grass 5 Tri sacum dact loides Eastern Gamma 5 100 * Riparian Seed Mix to be applied to any temporarily -disturbed streambanks, extending 50 feet landward and within high ground portions of the buffer. Recommended application rate: 20-25 lbs. per acre To provide quicker cover, the mix specified in Table 1 should also be augmented with the appropriate cover/companion species, as identified in Table 2. Table 2: Cover/Companion Crops Seca(e cerea(e Cereal or Early Spring 30 Ibs/acre Grows 3-4' tall, but not a strong a Winter rye or Fall competitor. Lo(ium perenne Perennial rye Early Fall or 15 Ibs/acre Shorter rye; lasts about 2 years, then dies Spring out. Uroc(oo ramose Brown Top Spring, 15 Ibs/acre Good germination; dies off with frost; Millet Summer does not tolerate mowing. Restoration Plan Prepared By: S&ME, Inc. 9711 Southern Pine Blvd. Charlotte, N.C. 28273 704.523.4726 jlawler@smeinc.com NC Suppliers of native seed and plant material: Mellow Marsh Farm 1312 Woody Store Road Siler City, N.C. 27334 919.742.1200 phone www.mellowmarshfarm.com WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: DENC Access Crossing City/County: Rutherford Sampling Date: 06-Aug-19 Applicant/Owner: Dominion Energy North Carolina State: NC Sampling Point: WA Investigator(s): J. Lawler Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Toeslope Local relief (concave, convex, none): concave Slope: 5.0% / 2.9 Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 35.2763000 Long.: -81.9951610 Datum: Soil Map unit Name: Pacolet sandy loam (Typic Kanhapludults) NWI classification: Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes * No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes O No O Hydric Soil Present? Yes No O Is the Sampled Area Wetland Hydrology Present? Yes NO O within a Wetland? Yes O No O Remarks: Taken in easement near stream. Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouired) Primary Indicators (minimum of one required; check all that apply) _ ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑ Drainage Patterns (B10) 0 Saturation (A3) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) ❑ Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) ❑ Water -Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) FAC-neutral Test (D5) Field Observations: Surface Water Present? Yes O No Depth (inches): 0 Water Table Present? Yes No O Depth (inches): 12 Yes O No O Saturation Present? Yes No O Wetland Hydrology Depth (inches): 8 Present? includes capillary fringe Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: WETS Data - Lake Lure 2 NC Remarks: Precipitation in prior three months has been normal. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five/Four Strata)- Use scientific names of plants. Dominant Sampling Point: WA Tree Stratum (Plot size: 30' ) 1. 2. 3. 4. 5. 6. 7. 8. Sapling-Sapling/Shrub Stratum (Plot size: 15' ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. Herb Stratum (Plot size: 5' ) 1. Iuncus effusus 2. Panicum virgatum 3. Carex lurida 4. Scirpus cvperinus 5. 6. 7. 8. 9. 10. 11. 12. Woody Vine Stratum (Plot size: 30' ) 1. 2. 3. 4. 5. 6. Absolute �r .__. Rel.Strat. Indicator Dominance Test worksheet: Cover Cover Status Number of Dominant Species 0 ❑ 0.0% That are OBL, FACW, or FAC: 3 (A) o ❑ o.o°ro ❑ Total Number of Dominant 0 0.0% Species Across All Strata: 3 (B) 0 ❑ o.o% 0 ❑ o.o% Percent of dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) 0 ❑ 0.0% 0 ❑ 0.0% Prevalence Index worksheet: 0 ❑ o.o% Total % Cover of: Multiply by: 0 = Total Cover OBL species 25 x 1 = 25 0 El 0.0% FACW species 50 x 2 = 100 0 ❑ 0.0% FAC species 30 x 3 = 90 0 ❑ 0.0% FACU species 0 x 4= 0 0 ❑ 0.0% UPL species 0 x 5= 0 0 ❑ 0.0% Column Totals: 105 (A) 215 (B) 0 ❑ 0.0% Prevalence Index = B/A = 2.048 0 ❑ 0.0°ro - Hydrophytic Vegetation Indicators: 0 ❑ 0.0% ❑ Rapid Test for Hydrophytic Vegetation 0 ❑ 0.o% ❑ Dominance Test is > 50% 0 ❑ 0.o% d❑ Prevalence Index is :53.0 1 0 = Total Cover ❑ Morphological Adaptations 1 (Provide supporting 0 ❑ 0.00% data in Remarks or on a separate sheet) 0 ❑ 0.0% ❑ Problematic Hydrophytic Vegetation 1 (Explain) 0 ❑ 0.0% 1 Indicators of hydric soil and wetland hydrology must 0 ❑ 0.0% be present, unless disturbed or problematic. Definition of Vegetation Strata: 0 ❑ o.o% _ 0 ❑ 0.0% Four Vegetation Strata: 0 ❑ 0.0% _ Tree stratum - Consists of woody plants, excluding vines, 3 in. - (7.6 cm) or more in diameter at breast height (DBH), 0 = Total Cover regardless of height. d❑ Sapling/shrub stratum - Consists of woody plants, excluding 40 38.10% FACW vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. 30❑ 28.60% FAC Herb stratum - Consists of all herbaceous (non -woody) plants, 25❑ 23.80% OBL regardless of size, and all other plants less than 3.28 ft tall. 10 ❑ 9.5% FACW Woody vines - Consists of all woody vines greater than 3.28 ft ❑ - in height. 0 0.0% _ 0 ❑ o.o% - Five Vegetation Strata: 0 ❑ 0.0°ro ❑ - Tree -Woody plants, excluding woody vines, approximately 20 0 0.0% ft (6 m) or more in height and 3 in. (7.6 cm) or larger in 0 ❑ 0.0% diameter at breast height (DBH). El - Sapling stratum - Consists of woody plants, excluding woody 0 0.0% vines, approximately 20 ft (6 m) or more in height and less 0 ❑ 0.0% than 3 in. (7.6 cm) DBH. 0 ❑ 0.0% Shrub stratum - Consists of woody plants, excluding woody - vines, approximately 3 to 20 ft (1 to 6 m) in height. 105 =Total Cover Herb stratum - Consists of all herbaceous (non -woody) plants, 0 ❑ 0.00% including herbaceous vines, regardless of size, and woody - species, except woody vines, less than approximately 3 ft (1 0 ❑ 0.0% m) in height. 0 ❑ 0.0% Woody vines - Consists of all woody vines, regardless of 0 ❑ 0.0% height. 0 ❑ 0.0% _ Hydrophytic 0 ❑ 0.0% Vegetation Yes * No ❑ 0 =Total Cover Present? Remarks: (Include photo numbers here or on a separate sheet.) *Indicator suffm = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 .Q Sampling Point: WA Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % TVDe 1 Locz Texture Remarks 0-9 10YR 54/2 95 7.5YR 4/6 5 C PL Sandy Loam 9-12 10YR 5/2 95 7.5YR 4/6 5 C M Fine Sandy Loam 1Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains zLocation: PL=Pore Lining. M=Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: ❑ Histosol (Al) ❑ Dark Surface (S7) ❑ 2 cm Muck (A10) (MLRA 147) ❑ Histic Epipedon (A2) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) El Black Histic (A3) El Thin Dark Surface (S9) (MLRA 147, 148) El Coast Prairie Redox (A16) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) ❑ Stratified Layers (A5) 0 Depleted Matrix (F3) (MLRA 136, 147) ❑ 2 cm Muck (A10) (LRR N) ❑ Redox Dark Surface (F6) ❑ Very Shallow Dark Surface (TF12) ❑ Depleted Below Dark Surface (All) ❑ Depleted Dark Surface (F7) ❑ Other (Explain in Remarks) ❑ Thick Dark Surface (Al2) ❑ Redox Depressions (F8) ❑ Sandy Muck Mineral (Sl) (LRR N, ❑ Iron -Manganese Masses (1`12) (LRR N, MLRA 147, 148) MLRA 136) ❑ Sandy Gleyed Matrix (S4) ❑ Umbric Surface (1`13) (MLRA 136, 122) ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (F19) (MLRA 148) 3 Indicators of vegetation and ❑ Stripped Matrix (S6) ❑ Red Parent Material (F21) (MLRA 127, 147) mushydrophytict wetland hydrology must be present, hydrology unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes * No ❑ Remarks: Soil is hydric US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: DENC Access Crossing City/County: Rutherford Sampling Date: 06-Aug-19 Applicant/Owner: Dominion Energy North Carolina State: NC Sampling Point: WA -UP Investigator(s): J. Lawler Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): concave Slope: 6.0% / 3.4 ° Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 35.2763000 Long.: -81.9951610 Datum: Soil Map Unit Name: Pacolet sandy loam (Typic Kanhapludults) NWI classification: Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes * No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes O No O Hydric Soil Present? Yes O No Is the Sampled Area Wetland Hydrology Present? Yes O NO 0 within a Wetland? Yes O No O Remarks: Taken on slope near WA Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouired) Primary Indicators (minimum of one required; check all that apply) _ ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) ❑ Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) ❑ Water -Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) ❑ FAC-neutral Test (D5) Field Observations: Surface Water Present? Yes O No Depth (inches): 0 Water Table Present? Yes O No Depth (inches): 24 Yes O No O Saturation Present? Yes O No OO Wetland Hydrology Depth (inches): 24 Present? includes capillary fringe Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: WETS Data - Lake Lure 2 NC Remarks: Precipitation in prior three months has been normal. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five/Four Strata)- Use scientific names of plants. Dominant Sampling Point: WA -UP Tree Stratum (Plot size: 30' ) 1. 2. 3. 4. 5. 6. 7. 8. Sapling-Sapling/Shrub Stratum (Plot size: 15' ) 1. Liquidambar styraciflua 2. Oxydendrum arboreum 3. 4. 5. 6. 7. 8. 9. 10. Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. Herb Stratum (Plot size: 5' ) 1. Festuca arundinacea 2. Panicum anceps 3. Kummerowia striata 4. Sorghastrum nutans 5. Eupatorium capillifolium 6. Solidago canadensis 7. Trifolium repens 8. 9. 10. 11. 12. Woody Vine Stratum (Plot size: 30' ) 1. 2. 3. 4. 5. 6. Absolute �r .__. Rel.Strat. Indicator Dominance Test worksheet: Cover Cover Status Number of Dominant Species 0 ❑ o.o% That are OBL, FACW, or FAC: 2 (A) o ❑ o.o°ro ❑ Total Number of Dominant 0 o.o% Species Across All Strata: 4 (B) 0 ❑ o.o% 0 ❑ o.o% Percent of dominant Species That Are OBL, FACW, or FAC: 50.0% (A/B) 0 ❑ o.o% 0 ❑ o.o% Prevalence Index worksheet: 0 ❑ o.o% Total % Cover of: Multiply by: 0 = Total Cover OBL species 0 x 1= 0 5 �/❑ 71.4% FAC FACW species 0 x 2 = 0 2 0 28.6% UPL FAC species 25 x 3 = 75 0 ❑ 0.0% FACU species 77 x 4 = 308 0 ❑ 0.0% UPL species 2 x 5 = 10 0 ❑ 0.0% column Totals: 104 (A) 393 (B) 0 ❑ 0.0% Prevalence Index = B/A = 3.779 0 ❑ 0.0°ro - Hydrophytic Vegetation Indicators: 0 ❑ 0.0% ❑ Rapid Test for Hydrophytic Vegetation 0 ❑ o.o% ❑ Dominance Test is > 50% 0 ❑ o.o% ❑ Prevalence Index is :53.0 1 7 = Total Cover ❑ Morphological Adaptations 1 (Provide supporting 0 ❑ 0.0% data in Remarks or on a separate sheet) 0 ❑ 0.0% ❑ Problematic Hydrophytic Vegetation 1 (Explain) 0 ❑ 0.0% 1 Indicators of hydric soil and wetland hydrology must 0 ❑ 0.0% be present, unless disturbed or problematic. Definition of Vegetation Strata: 0 ❑ o.o% _ 0 ❑ 0.0% Four Vegetation Strata: 0 ❑ 0.0% _ Tree stratum - Consists of woody plants, excluding vines, 3 in. - (7.6 cm) or more in diameter at breast height (DBH), 0 = Total Cover regardless of height. d❑ Sapling/shrub stratum - Consists of woody plants, excluding 40 41.2% FACU vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. 20❑ 20.6% FAC Herb stratum - Consists of all herbaceous (non -woody) plants, 10 ❑ 10.3% FACU regardless of size, and all other plants less than 3.28 ft tall. 10 ❑ 10.3% FACU Woody vines - Consists of all woody vines greater than 3.28 ft in height. 10 El10.3% FACU 5 ❑ 5.2% FACU Five Vegetation Strata: 2 ❑ 2.1% FACU ❑ Tree -Woody plants, excluding woody vines, approximately 20 0 0.0% ft (6 m) or more in height and 3 in. (7.6 cm) or larger in 0 ❑ 0.0% diameter at breast height (DBH). El - Sapling stratum - Consists of woody plants, excluding woody 0 O.o% vines, approximately 20 ft (6 m) or more in height and less 0 ❑ 0.0% than 3 in. (7.6 cm) DBH. 0 ❑ 0.0% Shrub stratum - Consists of woody plants, excluding woody - vines, approximately 3 to 20 ft (1 to 6 m) in height. 97 =Total Cover Herb stratum - Consists of all herbaceous (non -woody) plants, 0 ❑ 0.0% including herbaceous vines, regardless of size, and woody - species, except woody vines, less than approximately 3 ft (1 0 ❑ 0.0% m) in height. 0 ❑ 0.0% Woody vines - Consists of all woody vines, regardless of 0 ❑ 0.0% height. 0 ❑ 0.0% _ Hydrophytic 0 ❑ 0.0% Vegetation Yes ❑ No 0 =Total Cover Present? Remarks: (Include photo numbers here or on a separate sheet.) *Indicator suffm = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 .Q Sampling Point: WA -UP Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % TVDe 1 Locz Texture Remarks 0-12 7.5YR 4/6 90 2.5YR 4/6 10 Sandy Loam 1Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains zLocation: PL=Pore Lining. M=Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: ❑ Histosol (Al) ❑ Dark Surface (S7) ❑ 2 cm Muck (A10) (MLRA 147) ❑ Histic Epipedon (A2) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) El Black Histic (A3) El Thin Dark Surface (S9) (MLRA 147, 148) El Coast Prairie Redox (A16) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) ❑ Stratified Layers (A5) ❑ Depleted Matrix (F3) (MLRA 136, 147) ❑ 2 cm Muck (A10) (LRR N) ❑ Redox Dark Surface (F6) ❑ Very Shallow Dark Surface (TF12) ❑ Depleted Below Dark Surface (All) ❑ Depleted Dark Surface (F7) ❑ Other (Explain in Remarks) ❑ Thick Dark Surface (Al2) ❑ Redox Depressions (F8) ❑ Sandy Muck Mineral (Sl) (LRR N, ❑ Iron -Manganese Masses (1`12) (LRR N, MLRA 147, 148) MLRA 136) ❑ Sandy Gleyed Matrix (S4) ❑ Umbric Surface (1`13) (MLRA 136, 122) ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (F19) (MLRA 148) 3 Indicators of vegetation and ❑ Stripped Matrix (S6) ❑ Red Parent Material (F21) (MLRA 127, 147) mushydrophytict wetland hydrology must be present, hydrology unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes ❑ No Remarks: Soil is not hydric US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWQ Stream Identification Form Version 4.11 Date: 08.06.2019 Project/Site: TO B Latitude: 35.2762700 Evaluator: J. Lawler County: Rutherford Longitude: _81.9951460 Total Points: Stream is at least intermittent 31.25 Stream Determination (circle one) Other Rutherfordton South if>_ 19 or perennial if>_ 30" Perennial e. Quad Name: 5 A. Geomorphology (Subtotal = 14.5 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 0 2 0 30 2. Sinuosity of channel along thalweg 0 1 • 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 0 10 2 0 30 4. Particle size of stream substrate 0 0 10 2 0 30 5. Active/relict floodplain 0 0 1 2 30 6. Depositional bars or benches 0 1 • 2 n 3 7. Recent alluvial deposits 0 1 0 2 • 3 8. Headcuts 0 • 1 2 3 9. Grade control 00 0.50 1 • 1.50 10. Natural valley 0 0 1 0.5 1 0 1 1.50 11. Second or greater order channel No = 0 • Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 9.5 ) 12. Presence of Baseflow 00 10 20 30 13. Iron oxidizing bacteria 0 1 • 20 3 14. Leaf litter 1. • 1 Q 0.50 0 15. Sediment on plants or debris 0 0.5 • 1 1.5 16. Organic debris lines or piles 00 0.5 1 U 1 1.5 • 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 7.25 ) 18. Fibrous roots in streambed 30 2 • in 0 19. Rooted upland plants in streambed 3 • 20 10 0 20. Macrobenthos (note diversity and abundance) 0 1R 2 3 21. Aquatic Mollusks 0 • 1 2 3 22. Fish 0 • 0.50 in 1.5 23. Crayfish 0 • 0.5 1 1.5 24. Amphibians 0 0.5 • 1 1.5 25. Algae 0 • 0.5 U 10 1.5 26. Wetland plants in streambed 10 FACW = 0.75(•)OBL = 1.500ther = 00 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 41