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
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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