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HomeMy WebLinkAboutSAW-2023-01894 Cardinal Pipeline ROW Cardinal Extension Company Apex Wake County NC_NWP 18 VERIFICATION.pdf DEPARTMENT OF THE ARMY '1 U.S.ARMY CORPS OF ENGINEERS,WILMINGTON DISTRICT - WILMINGTON REGULATORY OFFICE 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 November 16, 2023 Regulatory Program/Division Raleigh Regulatory Field Office SAW-2023-01894 Laura Rudolf Cardinal Extension Company, LLC. 2800 Post Oak Road Level 11 Houston, Texas 77056 Via Email: Laura.Rudolf@Williams.com Dear Laura Rudolf: This letter is in response to the Pre-Construction Notification (PCN) you submitted to the Wilmington District, Raleigh Regulatory Office on September 21, 2023, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number SAW-2023-01894 and is known as None. This file number should be referenced in all correspondence concerning this project. A review of the information provided indicates that the proposed work would include the temporary impact to 130 linear feet of intermittent stream channel (390 square feet) to provide protection and stream stabilization associated with an exposed natural gas line (Impact S1). To access the site, two intermittent streams along the existing right-of- way would be clear-spanned from bank to bank with no impact to these features anticipated. The project area for this determination includes 2.32 acres which is illustrated on the enclosed site plans/maps. The project/review area is located 0.17 miles north-northeast of the intersection of Franconia Way and Apex Barbecue Road, at Latitude 35.723771 and Longitude -78.899978; in Apex, Wake County, North Carolina. We have determined that the proposed work would be authorized by Nationwide Permit 18 pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), and/or Section 404 of the Clean Water Act (33 U.S.C. § 1344) and Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408). The proposed work must be accomplished in strict accordance with the general permit conditions, any regional conditions, the special conditions listed in this letter, the application materials, and the enclosed plans, "Approximate Aquatic Resources" (Project Area), and "Conceptual Stream Restoration Cardinal Pipeline Company, LLC ROW". If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised PCN must be submitted to this office for written approval before work is initiated. Any violation of permit conditions or deviation from your submitted plans may subject the permittee to enforcement action. This verification is valid until March 14, 2026, unless prior to this date the subject NWP(s) is suspended, revoked, or is modified such that the activity no longer complies with the terms and conditions of this NWP. If you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. Project Specific Special Conditions: 1. Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered Species Act (ESA). The permittee understands and agrees that all work associated with the clearing and removal of trees and removal or modification of culverts must be completed prior to the effective date of the final listing in the Federal Register. Work associated with the aforementioned activities not completed by that time must cease and the permittee must contact the Corps' (insert PM contact information here) to determine if additional coordination with the United States Fish and Wildlife Service is required under Section 7 of the Endangered Species Act prior to continuing work. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This NWP verification does not preclude the necessity to obtain any other Federal, State, or local permits, licenses, and/or certifications, which may be required. If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Christopher Hopper, Team Lead of the Technical Regional Execution Center on behalf of the Raleigh Regulatory Office at (919) 588-9153, by mail at 100 West Oglethorpe St., Savannah, GA 31401 , or by email at christopher.d.hopper�usace.army.mil. If you have any questions related to follow-up actions associated with this permit, such as compliance inspections, please contact Lyle Phillips, PM of the Raleigh Regulatory Office at (919) 588-9200, by mail at 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587, or by email at George.L.Phillips@usace.army.mil. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.mil/ords/f?p=136:4. Sincerely, Christopher Hopper TREC Team Lead / Wilmington District Liaison Enclosures Cc (w/enclosures) George Junkin, American Land Concepts, Inc. (via george@americanlandconcepts.com) General Conditions (33 CFR PART 320-330): 1. The time limit for completing the work authorized ends on March 14, 2026. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner as required by General Condition 29 and forward a copy to this office to validate the transfer of this authorization. 5. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Compliance Certification Form Action ID Number: SAW-2023-01894 County: Wake Permittee: Cardinal Extension Company, LLC., Laura Rudolf Project Name: None Date Verification Issued: 11/16/2023 Project Manager: Chris Hopper Within 30 days of completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS Wilmington District Attn: Lyle Phillips Raleigh Regulatory Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or George.L.Phi IIips@usace.army.miI Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work, and mitigation (if applicable), authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit including any general or specific conditions. Date Authorized Work Started: Completed: Describe any deviations from permit (attach drawing(s) depicting the deviations): *Note: The description of any deviations on this form does not constitute approval by the Corps. 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Ul) r _ rt 3� �� ./ r)D cD m O k I 1 r7j rt / ui y'_ /� o CONCEPTUAL STREAM RESTORATION CARDINAL PIPELINE COMPANY, LLC ROW AT TRIBUTARY TO BEAVER CREEK WAKE COUNTY, NORTH CAROLINA Site Location: August 2023, Revised October 2023 �:.. INDEX Site Location r >_ Sheet I Title Sheet "�rx Sheet 2 Existing Conditions Sheet 3 Proposed Conditions APEX Sheet 4 Cross-Sectional View and Sequence of Construction a , -� Sheet 5 Profile View I r Topographic Map Scale: 1"=5,000' *topo shown is prior to development in the vicinity. Prepared For: Cardinal Pipeline Company,LLC 2800 Post Oak Road,Level 11 Houston,Texas 77056 AMERICAN LAND CONCEPTS 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410)-526-2688 Sheet 1 of4 --- --- - ; Existing Conditions -------�_ Nam Conceptual Stream Stabilization '; ----- 540 Cardinal Pipeline Company, LLC ROW , y --- - at Trib to Beaver Creek /► 0 Apex Barbecue Rd Wake County North Carolina 1 "" August 2023, Revised October 2023 p-N-.Pa* Milane m ' _____ _ w ' EXISTING: Vicinity Map Scale: I"=3,000' ------------ The Site is located approximately 14.5 miles southwest of Raleigh, Wake County, Virginia, on the Cardinal Pipeline Company, LLC Right-Of-Way(ROW). There is one natural gas pipelines that run the length of the ROW in this location and the ROW is routinely maintained. The pipeline was ________________ `, installed prior to development in the vicinity. ------------- 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 1 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 Existing Maintained northwest where the pipeline crosses the channel and flows on or parallel to the pipeline for i \ RAW(50') approximately 100 feet befor turning into the treeline and off the ROW. This portion of the channel i ' relatively 2-3 feet wide and 2.5-3.5 feet deep with steep banks. The approximate drainage to the `- Project Area is 0.02+/- square miles. ----- PHOTOGRAPHS: ------ ----- —--------------- _ -- = ---- Photo 1:View of Photo 2:View looking upstream Photo 3:View of stream channel and -------- WM outfall. downstream S where stream curve onto the ROW pipeline location looking -_------------------- and erosive condtions in the middle from end of large erosion gully. PLAN VIEW SCALE: 1 "=25' 0' 25' 50' 75' Photo 4:View looking downstream Photo 5:View looking upstream Photo 6:View large erosion gully from the 2.5 foot drop. where stream curves into the treeline. and slope of the SWM pond. AMERICAN LAND CONCEPTS * Prepared For: 238 B MAIN STREET Conceptual plans for permitting purposes only. REISTERSTOW N, MARYLAND 21136 "Elevations are based on assumed datum and have Cardinal Pipeline Company,LLC 2800 Post Oak Road, PHONE: (410)-526-2688 been approximated from a cursory field investigation. Houston,Texas 77056 Sheet 2 of 5 - --------------------- General Location Map: ---- Proposed -------- lo Conceptual Stream Stabilization S40 Z", X Cardinal Pipeline Company, LLC ROW I�PT E ----------------- at Trib to Beaver Creek Existin d Proposed Sandbag diversion Wake County, North Carolina '4Pex Barbe-e Rd amInvert ------------------------------------------- Ele 86.7'+/- August 2023, revised October 2023 Ape N­m P,,k Existing and osed ------------- Stream ert Existing and pro b ------ StrearkI -------- Elev.=88.4'+Existing and Propos o PROPOSED: Vicinity Map Scale: 1 00, Stream Inve Elev.=89.2'+/- 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+1-FT in length and I+/-FT deep. The bottom of the --------------- -- structure will return the channel to the existing grade, approximately 86.7'. To further minimize stream migration -------- ...... -------------- --___________------------ Dewatering D6vice 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. ------------------------------ LOD LOD LOD LOD LOD— 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 -- ........... ------- ---------- ------ ......i... will incorporate a 6 inch deep channel ranging from 2-3 wide to allow water to flow across the ROW to the drop One.. structure,minimize future erosion, and protect the pipeline. P ------------------------------- DO '"one. ao-I ao-I 00 1 Armor Stone will be utilized for step-pool construction. Armor Stone will range from 300-700 lbs.The Sandtiag diversi i I------------ I PICE S 06 K variations in the surface of the Armor Stone will be utilized to create a low flow channel through the step-pool A structure during construction. After proposed construction is complete,all disturbed areas will be seeded with a ----------------- 0 9, DOI 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 stabilization will be via the ROW from 2293 Toad Hollow Trail driveway, approximately --------- ------------- ------ ----------- 0.35 miles east southeast from the project area. Intermittent streams located within the ROW as shown on the ------------ ----------------------- Aquatic Resources Map dated August 2023,Revised October 2023 to access the site will be spanned utilizing --------------- mats to avoid any additional 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 Z ---------------- 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. PLAN VIEW SCALE: I "=25' of 25' 50' 75, Note: A stream specialist must be onsite during construction to successfully implement this design and ensure proper installation of the armor stone. This conceptual design is a guide. Design tolerance will allow for minor variations in grade control elevation,pool depths,pool drops, and pool lengths. These variations are unaviodable due to the variations of the rock surface and current stream conditions during construction. This tolerance allows for a more natural,less engineered look to the remedial actions proposed. IMPACTS: The proposed activities will impact approximately 130 LF(330 SF)of perennial stream resulting in approximately 3.0 CY of fill placed below the plane of OHWM to complete the proposed activities. AMERICAN LAND CONCEPTS *Conceptual plans for permitting purposes only. Prepared For: 238 B MAIN STREET Cardinal Pipeline Company,LLC REISTERSTOWN, MARYLAND 21136 "Elevations are based on assumed datum and have 2800 Post Oak Road, PHONE: (410)-526-2688 been approximated from a cursory field investigation. Houston,Texas 77056 Sheet 3 of 5 Cross-Sectional View and Sequence of Construction Conceptual Stream Stabilization Cardinal Pipeline Company, LLC ROW CROSS-SECTION ELEVATION at Trib to Beaver Creek SCALE: HORIZ: I "= 10', VERT: I "= 10' CS CS 100 Pr 100 96 Grad 96 Pro 5ed 94 94 Grade -- --- ILI 92 92 E i 8 88 Grade 8 8G 8G 84 84 LX15t1n6j ape ine 82 82 Approx UTpth 80 5 10 15 20 25 30 35 40 45 50 80 5 10 15 20 25 30 35 40 45 50 SEQUENCE OF CONSTRUCTION 1. Call NC 811(or 1-800-632-4949) at least 72 hours prior to beginning work. 2. Mobilize equipment. 3. No more area shall be disturbed than can be completed and stabilized by the end of each work day. 4. Install bypass pumping, if necessary. At the end of each work day, the work area must be stabilized, any sediment accumulated within the work areas should be removed prior to removal of the pump around and restoring stream flow. Work should not be conducted in the channel during rain events. 5. Construct the step pool rock structures per these plans. 6. Fill upstream of the step pool structures to grade per these plans. 7. Perform final grade earthwork. 8. Stabilize all disturbed areas with temporary seed and permanent native seed mix. 9. Thoroughly clean the site removing all debris and miscellaneous construction materials. *Conceptual plans for permitting purposes only. **Elevations are based on assumed datum and have been approximated from a cursory field investigation. AMERICAN LAND CONCEPTS Wake County, North Carolina p Pre ared For: 238 B MAIN STREET August 2023, Revised October 2023 Cardinal Pipeline Company,LLC REISTERSTOWN, MARYLAND 21136 2800 Post Oak Road, ?U!!O- PHONE: (410)-526-2688 Houston,Texas 77056 Sheet 4 of 5 Profile View Conceptual Stream Stabilization PROFILE ELEVATION Cardinal Gas Pipeline Company, LLC ROW SCALE: f10RIZ: I "= 1 0', VERT: I °= 10' at Trib to Beaver Creek PRO ELEV ,-Rip Rap from SWM Pond Outfall-4 100 98 w 96 w Bed Stability Mix/ ill 94 92 - - - - --- ----- - - ---- - - ------- ---------- a ---- -- ---------------------- 90 77 88 86 84 Z 82 W xistin Pip line olu 800 O O O O O O O O O O O O O O �- + + + + + + + + + + + + + + + O O O O O O O O O O — — — — — Step-Pool Sequence IExisting Grade 100 C 98 -------------------------- Proposed Grade 96 00 � inp O_ .9N cp_ tu) m (n . 94 _ -- O..:.w----- J j- w t+nwo 9 0 J ' �w u QJ 86 84 0 82 O O O O O 080 d Ln 0 + + + + + + *Conceptual plans for permitting purposes only. **Elevations are based on assumed datum and have been approximated from a cursory field investigation. Wake County, North Carolina AMERICAN LAND CONCEPTS Prepared For: 238 B MAIN STREET August 2023, Revised October 2023 Cardinal Pipeline Company,LLC H Post O REISTERSTOWN, MARYLAND 21136 Road, PHONE: (410)-526-2688 Hoouu0 Houston Texaass 77057056 Sheet 5of5