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HomeMy WebLinkAbout20231325 Ver 1_ePCN Application_20230922DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review 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: 8/22/2023 BIMS # Assigned 20231325 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: Cardinal Pipeline ROW @ trib to Beaver Creek 1a. Who is the Primary Contact?* George M. Junkin 1b. Primary Contact Email: * george@americanlandconcepts.com Date Submitted 9/22/2023 Nearest Body of Water Trib to Beaver Creek Basin Cape Fear Water Classification WS-IV, NSW Site Coordinates Latitude: 35.723771 A. Processing Information Is this project connected with ARPA funding? Yes No 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 Longitude: -78.899978 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Zachary Thomas:zachary.thomas 1c. Primary Contact Phone: * (443)324-9969 $570.00 $767.00 O Ia. 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 1b. What type(s) of permits) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization 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: Yes No For the record only for Corps Permit: Yes No 1f. Is this an after -the -fact permit application? * Yes No fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. 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 1d. 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. Nani on recorded deed: Cardinal Extension Company, LLC 2b. Deed book and page no.: 8254/1783, 8185/1968, 8193/1507 2c. Contact Person: Laura Rudolf 2d. Address Street Address 2800 Post Oak Road Address Line 2 Level 11 City State / Province / Region Houston Texas Postal/Zip Code Country 77056 USA 2e. Telephone Number: (713)204-1283 2g. Email Address:' Laura. Rudolf@Williams.com 4. Agent/Consultant (if applicable) 4a. Name: George M. Junkin 4b. Business Name: American Land Concepts, Inc. 4c. Address Street Address 238B Main Street Address Line 2 City Reisterstown Postal / Zip Code 21136 4d. Telephone Number: (410)526-2688 4f. Email Address: george@americaniandconcepts.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) N/A 1c. Nearest municipality / town: Apex 2. Project Identification 2a. Property Identification Number: 2f. Fax Number: State / Province / Region MD Country USA 4e. Fax Number: 2b. Property size: 2c. Project Address Street Address Cardinal Pipeline ROW 0.17 miles NNE of the intersection of Franconia Way and Apex Barbecue Road 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: Trib to Beaver Creek 3b. Water Resources Classification of nearest receiving water:" WS-IV, NSW 3c. What river basin(s) is your project located in?" Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020609 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 development to the south constructed a SWM pond immediately adjacent to the ROW with a rip rap outfall channel that flows northwest and ends at the ROW limits. At this point an intermittent stream forms that makes a sharp turn to the north onto ROW where erosive conditions have resulted in large drops and a large erosion gully in the middle of the ROW. The channel then turns to the northwest where the pipeline crosses the channel and flows on or parallel to the pipeline for approximately 100 feet befor turning into the treeline and off the ROW. This portion of the channel is relatively 2-3 feet wide and 2.5-3.5 feet deep with steep banks. a 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: 0 SF - Review was limited to the ROW at the project site and the site access. 4g. List the total estimated linear feet of all existing streams on the property: 440 LF - Review was limited to the ROW at the project site and the site access. 4h. Explain the purpose of the proposed project:* The primary purpose of the project is to restore the ROW and ensure the continued safe operation of the Cardinal Pipeline and secondarily to minimize future erosion and sediment transport. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: To stabilize the stream and minimize future erosion at the existing pipeline and within the ROW, installation of four step -pool drop structures is proposed to be constructed between the existing pipeline and the treeline, downstream of where the pipeline turns and crossed the the channel. The step -pool structure will be constructed approximately 35+/- LF upstream from where the stream curves into the eastern treeline. The top of the structure will be at an elevation of approximately 90.0'. This step -pool structure will drop approximately 9.9 inches with a pool 5+/- FT in length and 1+/- FT deep. The bottom of the structure will return the channel to the existing grade, approximately 86.7'. To further minimize stream migration and protect the pipeline, the top of the step -pool structure will extend rock an additional 7.5-8 feet from the top of stream bank to maintain water flow through the step -pool structure. The step -pool structures will dissipate the water velocity creating a natural riffle -pool scenario providing habitat for species. Immediately upstream of the step -pool structure, the channel will be filled with clean fill/bed stability mix and any excavated material to the top of the 2.5 foot drop downstream of the rip rap, 95+/- LF. The filled channel will incorporate a 6 inch deep channel ranging from 2-3 wide to allow water to flow across the ROW to the drop structure, minimize future erosion, and protect the pipeline. Armor Stone will be utilized for step -pool construction. Armor Stone will range from 300-700 lbs. The variations in the surface of the Armor Stone will be utilized to create a low flow channel through the step -pool structure during construction. After proposed construction is complete, all disturbed areas will be seeded with a native seed mix post construction. No trees will be removed to construct the stream stabilization. All work will be completed within the routinely maintained ROW or the stream channel itself. Access to the stream will be via the ROW from 2293 Toad Hollow Trail driveway, approximately 0.35 miles east southeast from the project area. Any GIS Streams located within the ROW to access the site will be spanned with a mat to avoid any stream impacts for site access. All work will be initiated during a 3-day NOAA No Rain Period. Pump around and dewatering practices will be utilized as necessary to allow work to be completed in the dry and maintain flow downstream. Any sediment -laden water from the work area will be pumped downstream through a sediment filter bag to reduce sediment transport. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Q Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): George M. Junkin Agency/Consultant Company: American Land Concepts, Inc. Other: 6. Future Project Plans 6a. Is this a phased project?* Yes 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts O 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact (?) Jurisdiction* 11 length* g�Pipeline protection and Permanent Fill Trib to Beaver Creek Intermittent Corps 130 stream stabilization Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 130 3i. Total stream and ditch impacts: 130 3j. Comments E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Since the pipelines are existing infrastructure, impacts could not be avoided to allow safe and continued operation of the pipelines. The project was desgined to minimize the impacts to the greatest extent practical by keeping the impacts to stabilize the channel within the maintained ROW. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Any streams (as shown on Wake County GIS) to access the project area will be spanned with mats to avoid any additional impacts. 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: The project involves stabilizing the stream channel to minimize erosion adn sediment transport within a routinely mainted gas pipeline ROW. 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? * 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 1a. 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 O O 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. The proposed work is to stabilized erosive conditions within gas a pipeline ROW. There is no change to impervious surfaces proposed. 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 No 5e. Is this a DOT project located within Division's 1-8? Yes No 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 Unknown 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? USFWS iPaC System 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 EFH Mapper 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? NC HPOWEB 2.0 - General Audience GIS 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8c. What source(s) did you use to make the floodplain determination? fema.gov 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 PCN Attachments —Cardinal Pipeline ROW@trib to Beaver Creek.pdf 14.27MB 401_Buffer Pre -filing Request.pdf 98.09KB 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: Laura Rudolf Signature 10AM Rai' Date 9/22/2023 0