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HomeMy WebLinkAbout20221789 Ver 1_ePCN Application_20221220DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 5/9/2022 BIMS # Assigned* Version#* 20221789 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Zachary Thomas:eadstztthomas Information for Initial Review Reviewing Office* Raleigh Regional Office - (919) 791-4200 la. Name of project: COURTESY COPY M-73 Cardinal to NC State Pipeline Project la. Who is the Primary Contact?* Katy Mays 1 b. Primary Contact Email:* lc. Primary Contact Phone:* Katy.d.mays@dominionenergy.com (803)563-4964 Date Submitted 12/20/2022 Nearest Body of Water Middle Creek, Mills Branch, Tributary to Swift Creek (Yates Mill Pond), and Walnut Creek Basin Neuse Water Classification Middle Creek (C;NSW), Mills Branch (C;NSW);Tributary to Swift Creek (WS-III:NSW); Walnut Creek (C:NSW) Site Coordinates Latitude: 35.722874 A. Processing Information Longitude: -78.684371 County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 12 - Utility Lines NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: NCDOT Easement and new PNG easement 2b. Deed book and page no.: 2c. Contact Person: Andrew Moore 2d. Address Street Address 800 Gaston Road, Building A Address Line 2 City Gastonia Postal /Zip Code 28056 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)718-4114 2g. Email Address: * andrew.moore@dominionenergy.com 3. Applicant Information (if different from owner) 3a. Name: Andrew Moore 3b. Business Name: 3c. Address Street Address Dominion Energy North Carolina Address Line 2 800 Gaston Road, Building A City Gastonia Postal / Zip Code 28056 3d. Telephone Number: (704)718-4114 3f. Email Address: * andrew. moore@dominionenergy.com 4. Agent/Consultant (if applicable) 4a. Name: Eric Mularski 4b. Business Name: HDR 4c. Address Street Address 440 S. Church Street Address Line 2 City Charlotte Postal / Zip Code 28105 4d. Telephone Number: (704)973-6878 4f. Email Address: * Eric.mularski@hdrinc.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Raleigh 2. Project Identification 2a. Property Identification Number: NCDOT Right of Way and several areas with new easement. 2b. Property size: 52.01 proposed right of way 2c. Project Address Street Address Address Line 2 City State / Province / Region Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Middle Creek, Mills Branch, Tributary to Swift Creek (Yates Mill Pond), and Walnut Creek 3b. Water Resources Classification of nearest receiving water:* Middle Creek (C;NSW), Mills Branch (C;NSW);Tributary to Swift Creek (WS-III:NSW); Walnut Creek (C:NSW) 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011002 (Lake Benson -Swift Creek), 030202011101 (Walnut Creek) 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site is primarily composed of maintained NCDOT right-of-way, forested land, farm land, and some surrounding residental areas. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 2.288 4g. List the total estimated linear feet of all existing streams on the property: 1045 4h. Explain the purpose of the proposed project: * The proposed Project will involve the installation of a new 12-inch-diameter, steel high-pressure gas pipeline that will improve system reliability to the growing populations of southern and central Wake County. This will allow for more flexibility for Liquified Natural Gas (LNG) during times of peak use and will decrease the need to interrupt large customers during peak usage. A virtual pre -application meeting was held with USAGE Representative (Lyle Philips) and NCDWR Representative (Colleen Cohn) to discuss the proposed project activities and 404/401/Riparian Buffer permitting requirements on July 15, 2022. SAW-2022-01049. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The new pipeline will be approximately 10.6 miles (55,968 linear feet) in length with tie-ins at the Cardinal Pipeline, NC State power generation facility, and a new pressure regulating station located along Centennial Parkway in Raleigh, North Carolina. The route will use both public right of way and co -location with other utilities within the public right of way. Private property will mainly be utilized in areas for temporary workspace. Construction of the pipeline will utilize open cut and trenchless horizontal directional drilling (HDD) methods. The portions of pipeline to be installed via HDD are expected to be beneath Interstate 40 and existing surface water features, specifically, Swift Creek, Yates Mill Pond, and Walnut Creek. Standard excavating and drilling equipment will be used for the pipeline installation. See the Project Narrative and Notes on the Legend and Note sheets of the attached plans for further details. Unavoidable surface waterbody impacts associated with the proposed project will comply within the non -notifying conditions of the USACE Nationwide Permit 12 and the Wilmington District's Regional Conditions and the thresholds and circumstances listed eligible for coverage under NCDWR's General Certification Coverage (GC4244) and activity specific conditions. Unavoidable impacts to regulated riparian buffers are "Deemed Allowable" according to the Neuse River Basin Buffer Rules (15 NCAC 02B.0714) Table of Uses. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: See attached Delineated Waters of the U.S Figures. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2022-01049 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans Blake Hartshorn and Paul Bright HDR 6a. Is this a phased project?* Yes No Unknown 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (') 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * (?) 2g. Impact area* W1 Excavation T Unknown W2 No Both 0.048 (acres) W2 Excavation T Unknown W3 No Both 0.005 (acres) W3 Hand Clearing P Bottomland Hardwood Forest W6 Yes Both 0.096 (acres) W4 Mechanized Clearing/Matting T Bottomland Hardwood Forest W12 Yes Both 0.187 (acres) W5 Matting T Unknown W12 No Both 0.002 (acres) W6 Matting T Unknown W12 No Both 0.189 (acres) 2g. Total Temporary Wetland Impact 0.431 2g. Total Wetland Impact 0.527 2i. Comments: No permanent fill will be discharged into wetlands. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.096 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* si Excavation/De-Watering Temporary Excavation Unnamed Tributary Intermittent Both 2 Average (feet) 30 (linear feet) S2 Excavation/De-Watering Temporary Excavation Unnamed Tributary Intermittent Both 3 Average (feet) 25 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 55 3i. Total temporary stream impacts: 55 3j. Comments: Temporary impacts to existing streams channels are associated with the open -cut excavation and de -watering for the installation of the proposed 12-inch diameter pipeline. The proposed impacts are temporary in nature and will not result in a net loss of stream bed. No temporary or permanent fills are proposed. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Clearing P Trib to Swift Creek No 710 495 Clearing P Swift Creek No 600 400 Clearing P Trib to Yates Mill Pond No 620 400 Clearing P Yates Mill Pond No 620 400 Clearing P Walnut Creek No 610 410 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 0.00 Zone 1 3,160.00 Zone 2 0.00 Zone 2 2,105.00 Zone 1 Zone 2 3,160.00 2,105.00 Impacts are associated with a 10-foot wide buffer required for the line of sight construction corridor and maintenance inspections through the HDD locations. Buffers will be hand cleared and no grubbing or stump removal will occur. According to the Neuse River Basin Buffer Rules (15A NCAC 026.0714) Table of Uses (nn) Non -Sewer Underground Lines these activities will be "Deem Allowable" without authorization or mitigation since the construction corridor is less than or equal to 50 linear feet and permanent maintenance corridor that is equal to or less than 30 feet through regulated riparian buffer zones. 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: The following measures were considered to avoid and minimize impacts to aquatic resources and riparian buffers during the design process. *An on -site delineation was conducted to identify jurisdictional surface waters within the project vicinity. The proposed 12-inch-diameter natural gas pipeline was routed mainly along the previously disturbed public right of ways and involved several crossings of Lake Wheeler Road to avoid and minimize impacts to identified aquatic resources. *Stream crossings were designed at a near perpendicular angle (between 75 and 105 degrees) to minimize impacts to streams and riparian buffers. *No permanent fills are proposed in existing streams or wetlands. *A 100-foot environmental buffer from wetlands and streams prohibiting refueling and parking equipment overnight unless contained in 40 mil plastic. `Proposed temporary construction and maintenance corridors across streams channels have been reduced to a 30-foot width or less and reduced to 10- feet widths through wetlands and regulated riparian buffers. •The proposed horizontal directional drill (HDD) under Swift Creek, Yates Mill Pond, and Walnut Creek, and adjacent wetlands will miminize impacts to jurisdictional surface waters and regulated riparian buffers. An inadvertent return plan has been developed and will be implemented during construction. Hand clearing (no grubbing or stump removal) for HDD line of site during construction and inadvertent return response will be limited to a 10-foot wide path through wetlands and riparian areas and will be clearly marked on the construction drawings. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: •Temporary matting will be installed in wetlands and low areas to avoid rutting from heavy equipment (where practical). •Temporary fill (matting) will be installed for less than 180 days. • Woody vegetation will be hand cleared in wetlands and within riparian corridors. •Erosion control measures will be installed according to the most recent version of the "North Carolina Sediment and Erosion Control Planning Design Manual" to encompass the limits of disturbance prior to construction. Those measures will be routinely inspected and will remain in place until re - vegetation has been established. • The proposed 12-inch line will be buried several feet below jurisdictional surface waters. •The duration of construction activities within areas of aquatic resources will be minimized to the maximum extent practical. The proposed pipeline waterbody crossing will include trenching, pipe installation, backfill, and restoration of contours, which will be completed within 48 hours unless bedrock is encountered. •Pump-arounds or a bypass flume will be installed to allow for work to be completed within a dry workspace to avoid the displacement of soils and prevent sediment transport and deposition in adjacent waters. Pump(s) will be sized accordingly to convey normal stream flow downstream and water will be passed through a sediment filter bag before returning to the stream. •Mechanical equipment will not operate within streams or traverse streams without the use of temporary bridges or matting • Excavated wetland soils and streambed substrate will be stockpiled and segregated. Excavated material will replaced immediately following pipeline installation. Typically within 48 hours. • Waterbody crossing areas will be graded to their pre -construction elevations following excavation and placement of the pipeline. Survey equipment may be used by the contractor to confirm ground surface elevations. Stream banks will be sloped back, seeded with native riparian seed mix, and stabilized with erosion control matting. Wetland restoration activities will consist of replacing stockpiled wetland soils, re -grading impacted areas to original pre - construction contours, and re -seeding disturbed areas with a native wetland seed mix. No heavy mulching will occur in wetlands. • No waste, spoil, or fill will be placed within wetlands, streams, or riparian areas beyond the permitted disturbance limits. 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? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: 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? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? x Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. This project is privately funded and will not require a cumulative impact analysis. Best management practices will be deployed through the duration of the project. The completed project is not anticipated to result in incremental adverse effects to downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish and Wildlife Serivces's Information for Planning and Conservation Official Species List and NC Natural Heritage Programs' Database Report (NCNHD-17178). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA Fisheries Essential Fish Habitat Mapper https://www.habitat.noaa.gov/protection/efh/efhmapper 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* National Park Services National Register of Historic Places GIS Public Dataset, NCSHPO Historic Preservation Office HPOWEB GIS Web Services, and requested NC Office of State Archaeology datasets. The proposed alignment is primarily located in previously disturbed right of way and is not anticipated to impact previously identified historic or archeological resources eligible for the National Register of Historic Places. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: The proposed project will not require permanent fills within the regulated floodplains. A Floodplain Development Permit application will be submitted to the local floodplain administrator for proposed activities within the Significant Flood Hazard Areas. Sc. What source(s) did you use to make the floodplain determination?* FEMA Map Service Center National Flood Hazard Layer (NFHL) (FEMA 2020). Areas adjacent to Swift Creek, Yates Millpond, Walnut Creek , and tributaries to Walnut Creek. FEMA Map Number 3720079300J, 3720170300J, 3720079200J, 3720079100J, and 3720079000J, 372007800J, 3720068900J) Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 401PreFilingRequest.pdf 6.12MB Signed Agent Authorization Form.pdf 200.81 KB 22-307_DENC M-73 Cardinal to NC State Pipeline Project Buffer Determination_ final_09302022.p.pdf 4.9MB 01_Cardinal_Vicinity.pdf 1.49MB 02_Cardinal_WOUS.pdf 20.86MB 03_Cardinal_Topo.pdf 7.06MB 04_Cardinal_NRCSSoils.pdf 7.38MB 05_Cardinal_FloodZones.pdf 9.43MB 06_Cardinal_Cultural.pdf 1.66MB FWS Project Review Request Letter - signed.pdf 1023.28KB IPaC_ Explore Location resources.pdf 528.8KB M73_CardinalToNC_USFWS_Response_20220801.pdf 205.3KB NCNHP_Report.pdf 1.07MB M73_Cardinal to NC State 404_401_Buffer Determination Cover Letter - signed.pdf 111.44KB M73_CardinalToNCState_PipelineProject_ImpactDrawings.pdf 177.53MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: Eric Mularski Signature fist, 1(ar.601, Date 12/20/2022