HomeMy WebLinkAbout20150994 Ver 2_401 Application_20160416•
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LETTER OF TRANSMITTAL
S&ME, Inc.
9751 Southern Pine Blvd.
Charlotte, NC 28273
(704) 523-4726
(704) 525-3953 fax
NC Division of Water Resources
401 Wetlands Unit
512 North Salisbury Street
Raleigh, N.C. 27604
Attn: Karen Higgins
We are Sending You: ® Attached
❑ Shop drawings ❑ Prints
® Pre -Construction Notification: NWP No. 12
Date: 03.31.16 1 Job No.: 7335-15-005
Attention: Ms. Karen Higgins
Re: Revision to Line T-01 Replacement Project
❑ Under separate cover via
❑ Plans ❑ Copy of letter
No. Date Copies I Description
1 03.30116 3 Request for Permit Revision
2 03.31.16 1 Check for processing fee
These are transmitted as checked below:
❑ For your records
❑ As requested
❑ For Bids Due:
the following items:
® For your approval
❑ For review and comment
❑ Prints Returned after Loan to Us
❑ Report
Remarks: Karen - Please let us know if you need any additional information in order to process this permit revision.
Thanks!
Signed:
J. Lawler. PWS
K 4 2016
DEQ -WATER RESOURCES
401 & BUFFER PERMITTING
S&ME, Inc. 19751 Southern Pine Blvd I Charlotte, NC 28273 1 p 704.523.4726 1 f 704.525.3953 1 www.smeinc.com
u - V-71
Eam
March 31, 2016
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Attention: Mr. David Brown, P.G
N.C. Division of Water Resources
401 Wetlands Unit
512 North Salisbury Street
Raleigh, North Carolina 27604
Attention: Ms. Karen Higgins
Reference: Request for Revision of Existing NWP-12 Authorization
Line T-01 Pipeline Replacement Project
Polk, Henderson and Buncombe Counties, North Carolina
USACE Action ID No. 2015-00457
DWR Project No. 15-0994
S&ME Project No. 7335-15-005
Dear Mr. Brown and Ms. Higgins:
Please reference the Line T-01 Pipeline Replacement Project located in Polk, Henderson and Buncombe
Counties. The project received initial authorization from the U.S. Army Corps of Engineers (USACE) in
accordance with Nationwide Permit No. 12 on December 4, 2015 (SAW Action ID No. 2015-00457). The
project was granted authorization by the North Carolina Division of Water Resources (NCDWR) under
General Water Quality Certification No. 3884 on November 10, 2015 (DWR Project No. 15-0994). The
purpose of this letter is to request re -verification of the previously authorized NWP-12 permit to account
for additional minor impacts associated with changing the construction method of one stream (SD01) and
adjacent wetland crossing (WD02).
In support of this request, please find the following:
♦ Site Vicinity Map (Figure 1);
♦ Appendix I - Original Permit Authorization Letters;
♦ Appendix II - Revised Impact Drawings;
Appendix III - Revised Stream Impact Table.
Copies of original authorization letters are included in Appendix I.
S&ME, Inc. 19751 Southern Pine Boulevard I Charlotte, NC 28273 1 p 704.523.4726 1 f 704.525.3953 1 www.smeinc.com
Request for Revision of Existing NWP-12/GC 3884 Authorization S&ME Project No. 7335-15-005
Line T-01 Pipeline Replacement Project March 31, 2016
•'• Purpose of Proposed Revision
The proposed crossing subject to this revision is identified as Little Hungry River (SD01), located in an
active pasture on the south side of Ward Holler Road in Henderson County. The approximate coordinates
of the crossing are 35.343693° N, -82.335905° W). The current crossing of SD01 is currently permitted as
a jack and bore. The width of the existing easement is 50 feet on the west bank and 75 feet on the east
bank. Additional temporary workspace was eliminated at this crossing, as no impacts were originally
proposed. Boring operations began recently, but stalled when the contractor encountered shallow
groundwater in excess of what could be pumped from the pit. In addition, extremely sandy subsurface
conditions were encountered, and when the auger approached the east bank of the river, the sandy bank
began to marginally subside into the auger bore hole. At that time, boring operations were discontinued
and the bore pit backfilled. The contractor determined that it was unlikely the bore hole could remain
open and the operation continue without the risk of the bank collapsing into the stream, or an inadvertent
release of drilling fluid within the stream itself.
Given these conditions, we are appealing for a variance to abandon the boring efforts and install the pipe
by conventional isolation (dam and pump -around) methods. The work would be conducted in
accordance with the same methodology specified for other trenched crossings on the project by first
isolating the proposed work area with coffer dams and establishing a clean -water bypass. The pipe would
then be installed conventionally "in the dry". Stabilization and restoration of the streambanks will
commence immediately following installation of the pipe. The restoration will be conducted in
accordance with the project's existing restoration plan, using natural channel materials rather than rip -rap
or hard -armoring.
•'• Revised Impacts
Revisions to the proposed project will result in up to an additional 82 linear feet of stream impact, in
order to account for coffer dam placement and work area. The appropriate impact drawing (Figure 115)
has been revised and is included in Appendix II.
In addition, the pipe will be installed through WD02 by conventional means. However, 0.09 acre of
temporary impact to Wetland WD02 was previously authorized to account for disturbance associated with
temporary access. Accordingly, additional impacts to WD02 beyond those already permitted will not be
required, but for your records, the appropriate drawing (Figure 115) has been updated to indicate that the
pipe will be installed through the wetland by conventional means (Appendix II).
The project will now result in impacts to 5,685 If of jurisdictional streams. These revised impacts are
broken down by type in Table 1 below. Note that additional permanent stream impacts beyond those
already authorized are not required.
Table 1: Summary of Proiect-wide Stream Impacts
Pipeline Construction Activities/Crossings
Temporary Construction Permanent Access Roads
1 5,660 1 25
A revised, project -wide Stream Impact Table is included in Appendix III.
Page 2
Request for Revision of Existing NWP-12/GC 3884 Authorization S&ME Project No. 7335-15-005
Line T-01 Pipeline Replacement Project March 31, 2016
❖ Additional Regulatory Considerations
A copy of this letter and supporting information is also provided to the N.C. Wildlife Resources
Commission and the U.S. Fish and Wildlife Service for their review and comment. Please note that
because SDO1 is classified as a trout stream, it is subject to the Rainbow Trout Moratorium, which remains
in effect until April 15. As such, the proposed crossing activities specified in the letter will not take place
until after April 15 in order to comply with the moratorium.
•'• Closing
Thank you for your time and consideration of this Request for Revision of the project's existing NWP-
12/CG 3884 Authorization. If you have questions or need additional information, please feel free to
contact us at 704.523.4726.
Sincerely,
S&ME, Inc.
Joey Lawler, PWS
Project Manager
Ilawler@smeinc.com
Senior Review by Tom Raymond, P.E.
Attachments:
♦ Figures - Site Location Map (Figure 1);
♦ Appendix I - Original Permit Authorization Letters;
♦ Appendix II - Revised Impact Drawings;
♦ Appendix III - Revised Stream Impact Table.
Email copies provided to:
Andrew Moore — DWR Asheville Regional Office (andrew.w.moore@ncdenr.gov)
Bryan Tompkins — USFWS (bryan_tompkins@fws.gov)
Andrea Leslie — NC WRC (andrea.leslie@ncwildlife.org)
Page 3
Site Location Map
Appendix I - Original Permit Authorization Letters
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2015-00457 County: Polk, Henderson, and Buncombe
U.S.G.S. Quad: Sk land Fruitland Hendersonville Cliffield Mountain and Mill S rin
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: SCANA / Attu.: Aaron Schwartz
Address: 220 Operations Way, MC C_221
Cayce, SC 29033
Telephone Number: 803-211-7112
Size (acres): 315 (26 mile natural gas pipeline right-of-way)
Nearest Town: Arden Fletcher Hendersonville and Mill Spring
Nearest Waterway: Pinner Creek, Cane Creek, Byers Creek, Featherstone Creek Clear Creek, Devils Fork Sconon Cree
Hunery River Little Hungry River Harm Cree Green River Ostia Cree Silver Creek, Little White
Oak Creek, and UTs of these streams
Coordinates: 35.34742 N, 82.36821 W (center coordinates)
River Basin/ HLJC: Upper French Broad (06010105) and Upper Broad (03050105
Location description: The maiority of the project corridor is located in an existing natural gas pipeline rigbt-of-way right-of-waywith short
segments of new ri ht-of-wa . The corridor is within Buncombe Henderson and Polk Counties in North Carolina. The
northern terminus is near the end of Old Christ School Road in Arden 35.4581 N 82.508$ . From this point the corridor
runs south remainina north and roughly arallel to U.S. Interstate 26 for approximately 10 miles through Fletcher. At
approximately 1 5 miles north of Hendersonville, the corridor crosses U.S. Highway 60 (Chimney Rock Road) and trends east
for approximately 16 miles to its southern terminus ad'acent to Silver Creek Road 35.3032 N 82.1746 23, approximately one
mile west of the intersection of N.C. Highway 9 and N.C. Highway 108 in Mill Spring. -
Description:of projects area and activity: This permit verification authorizes 5,578 linear feet of temporary stream impacts and
25 linear feet of permanent stream impacts to Pinner Creek Cane CreekB ers Creek,Featherstone CreekClear Creek
Devils Fork Sconon Creek Hungry River Little Hungry River Harm Creek, Green River stip Cree Silver Cree Little
White Oak CreeL and unnamed tributaries fUT0 of these streams. Also this permit verification authorizes 3.82 acres of
temporary impacts to wetlands, 0.06 acres of permanent impacts to wetlands and 0.11 acres of permanent impacts too en
water. These im acts are associated with activities re uired to replace agyroximately 26 miles of aging 8 -inch diameter
natural gas pipeline with a new 20 -inch diameter natural gas pipeline.
Special Condition(s). 1 Per comments from the North Carolina Wildlife Resources Commission no work in the Hunary River
and UTs of the Hungry River will be perform during the Rainbow troutspawning moratorium between January, 1 and Alpril
15.2 Per comments from the U.S. Department of Interior Fish and Wildlife Service SFWS no tree clearing/cutting clearing/cuttingwill be
conducted in the project corridors between May 15 and August 15 to minimize potential impacts to maternity roost trees for
the northern long-eared bat (Myons septentrionaN during pup season 3) The proiect work must be overseen and inspected by
SCANA ora qualified representative for SCANA to ensure the project is conducted in accordance with submitted plans and
the conditions of this permit verification. Inspections re orfs are to be submitted to the Corps every 2 weeks summarizin
progress of the proiect, work is being conducted in accordance with the submitted plans and terms and conditions of this
permit verification noting any deficiencies and actions taken to correct deficiencies.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 12
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
'Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions, above noted special condition(s) and your submitted application and attached information dated September 25,
2015 and updated November 2, 2015. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal
action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is
modified, such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional
permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or
revoke the authorization.
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.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Brown at 828-271-7980, eat. 232 or david.w.brown@usace.army:mil.
Corps Regulatory Official ,Date: December 4, 2015
David Brown
Expiration Date of Verification: March 18, 2017
Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331). .
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued November 19, 2015. Action ID: SAW -2015-00457.
Basis for Determination:
See basis of determination noted in issued preliminary determination on November 19, 2015 under action ID SAW -2015-
00457.
Remarks:
Corps issued preliminary determination on November 19, 2015 under action ID SAW -201.5-00457.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by NIA.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:�----
David Brown
Issue Date of JD: November 19, 2015
Expiration Date of JD: N/A
The Wilmington District is committed to providing the highest level of support to the,public, To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at http://regulatory.usacesurvey.coml.
Copy furnished:
S&MB, Inc., Attn.: Joey Lawler, 9751 Southern Pine Boulevard, Charlotte, NC 28273
Action I15 Number: 2015-00457 County: Polk, Henderson, and Buncombe
Permittee: SCANA / Attn.: Aaron Schwartz
Project Name: PSNC Line T-01 Pipeline Replacement
Date Verification Issued: December 4, 2015
Project Manager: David Brown
Upon 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.: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
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 authorized by the above referenced permit has been completed in accordance with
the terms and condition of the said permit, and.required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee Date
ADMV4WTRATM SAL OMM eILN`I>< PROMS AND
^
A licant: SCANA / Attn.: Aaron Schwartz File Number. SAW-2015-00457 Date: November 19, 2015
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
❑ PERMIT DENIAL
C
❑ APPROVED JURISDICTIONAL DETERMINATION
D
® PRELIMINARY JURISDICTIONAL DETERMINATION
E
SBM04 04 I - Tbo fblkywing kletihfies YOW r0ft and options regar&v an ive MmW of the above vision.
Additional h&rmation .may be sound at
or COMS reaulations at 33 CFR Part 33l .
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section lI of this form and return the form to the district
engineer.. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT. You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAX. DETERMINATION: You do not need to respond to the Corps regarding the.
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
'TION R - FOR APRBAL or OBJECTION To AN I1;Il"TIAL PROFFERED PST
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR g1j§TTONS OR TIpN:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division, Attn.:
Mr. Jason Steele, Administrative Appeal Review Officer
David Brown
CESAD-PDO
828-271-7980, ext 232
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations-
nvesti ations_Date:
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
November 10, 2015'
DWR# 15-0994 -
Polk, Henderson, & Buncombe Counties
PSNC—A SCANA Company
Attn: Craig Bodie
100 SCANA Parkway, MC 202
Cayce, SC 29033-3712
Subject: APPROVAL OF 401 WATER QUALITY' CERTIFICATION WITH ADDITIONAL CONDITIONS
Line T-01 Pipeline Replacement Project
Dear Mr. Bothe: - -
You have our approval for the impacts listed below for the purpose described in your application dated
September 23, 2015, and received by the Division of Water Resources (Division) on September 25, 2015, with
additional information received on November. 2, 2015. These Impacts are covered by the attached Water
Quality General Certification Number 3884 and the additional conditions listed below. This certification is
associated with the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before proceeding with
your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
Water Supply Watershed, and Trout Buffer regulations:
This: approval requires you to follow the conditions listed in the enclosed certifications) or general permit and
the following additional conditions: '-
1. The following impacts are hereby approved provided that all of the other specific and general -
conditions of the Certification are met. No other impacts are approved, including incidental impacts.
[15A'NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent's
Amount Approved
(units)
Temporary
Streams
Impacts
25 (feet)
5,578 (feet)
Wetlands..'.
Impacts
0.06 (acres)
3.82 (acres)
Open Will
Impacts
0.11 (acres)
Division of Water Resources —Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828-296-0500 \ FAX: 828-299-7093
Internet: http://ponal.ncdenr.org/web/wq/ws
An Equal Opportunity \ Affirmative ARlgn Employer
Line T-01 Pipellne Replacement Project
0WR#15-0994
401 APPROVAL
Page 2of4
i -.--2. This approval is for the purpose and design described in your application. Thep] an sands specifications.
for this project are incorporated by reference as part of the Certification/Authorization. If you change
your project, you must notify the Division and you may be required to submit a new application
package with the appropriate fee. If the property is sold, the new owner must be given a copy of this
approval letter and General Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H.0507(d)(2)]
3. Streams SC07, SC09, SC09A, SC10, SC11, SC12, SC14, SC15, SDO1, and SDOIA are Class C Trout Waters..
In order to protect downstream uses for Class C Trout Waters a requirement of this Certification is
that any work conducted within these streams may not occur between the dates of January 1 through
April 15. [15A NCAC 02H .0506-.(b)(2) and 15A NCAC 0413.01251 -
4. This authorization exempts the Permittee from meeting Condition #6 (Work in the Dry) in the attached
general certification. for the temporary impacts associated with the Green River crossing(SA14). The
crossing shall be constructed as proposed in the Response to RequestforAdditional Information: NWP
No. 121WQC No. 3884 letter dated; November:2, 2015. Turbidity monitoring shall be conducted hourly
in the Green River during construction activities. Turbidity shall be monitored Immediately upstream.
of the disturbance and downstream of the back-up turbidity curtain. The Permittee shall maintain
records of the turbidity samplerresults. If downstream turbidity exceeds upstream turbidity by 50
Nephelometric Turbidity Units. (NTUs) or more, in stream work shall stop until the cause of the excess
.turbidity is remediated, and downstream turbidity falls to within 50 NTUs of upstream turbidity..
The Permittee shall take all reasonable measures to construct in -stream structures while keeping
heavy equipment out of the stream channel. All reasonable steps must be taken to limit the amount
of disturbance in the channel and to therefore reduce downstream turbidity during construction. This
exemption does not relieve the Permittee of meeting stream standards as. indicated. in. 15A NCAC 028.
[15A NCAC 02H .0506(f)] -
S. The. applicant and/or authorized agent shall contact Andrew Moore in the Division Asheville Regional
Office in writing or via email a minimum of 5 business days prior to the commencement of
construction associated with the Green River Crossing (SA14). [15A NCAC 02H .0507 (c) and 15A NCAC
02H.0502 (e)] -
6. This authorization exempts the Permittee from meeting. the portion of Condition #10 related to the
orientation of utility line crossings in the attached general certification. This exemption only applies to
those stream crossings in which the existing utility easement does not cross the stream within the
tolerance noted in the attached general certification. The Permittee shall take all reasonable steps to
cross streams as near to perpendicular as will allow within the existing utility easement.
7. This authorization exempts the Permittee from meeting Condition #16 in the attached general
certification. The construction corridor shall be limited to 50 feet in width at stream and wetland
crossings as described in the application.
line T-01 Pipeline Replacement Project
OWRN35-0994
- 401APPROVAL
Page 3 of 4
-- -B:- All temporary impacted areas will be restored to pre -construction natural conditions upon completion
of the project. Native vegetation shall be used for wetland and stream bank stabilization. [15A NCAC
02H .0506 (b)(2) and (c)(2)]
9. Fueling, lubrication andgeneral equipment maintenance should not take place within 50 feet of a
waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506 (b)(3)]
10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project, and shall provide. each of its
contractors and/or agents associated with the construction or maintenance of this project with a copy
of this Certification. A copy of this Certification, including all conditions shall be available at the project
site during the construction and maintenance of this project. [15A NCAC O2H .0507 (c) and 15A NCAC
02H.0506 (b)(2) and (c)(2)] -
11. Visual monitoring of the project shall be conducted at a minimum of quarterly for the first year or two
bankfull events ,(whichever is longer), and then annually: until the site is stable (particularly after storm
events). and vegetation is successful. Any failures of structures, stream banks, or vegetation may
require future repairs or replacement,. which requires coordination with the Asheville Regional Office
to ensure. the stability and water quality of the streamand downstream waters. [15A NCAC 02H
.0506(b)(2) and (b)(3)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification: can be contested as provided: in Articles 3 and 4 of General Statute 1508 by filing a written'
.petition for an administrativehearing to the Office. of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days. -
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office
at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with
any applicable OAH filing fee is received in the OAH during normaloff ice hours (Monday through Friday
between 8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the originaland one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following: the
faxed transmission. -
Line T-01 Pipeline Replacement Project
DWR#15-0994
401APPROVAL
Page 494
- Mailing addressor the OAH:- -- ---- --
If sending via US Postal Service: if sending via delivery service (UPS,
FedEx etc):
Office of Administrative Hearings Office of Administrative Hearings -
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of thepetition must also be served to. DENR: -
Sam M: Hayes General Counsel
- Department of Environmental Quality
1601 Mail Service Center -
Raleigh., NC 27699-1601
This letter completes the review bythe Division under section 401 of the Clean Water Act as described in 15A
NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or Andrew.W:Moore@ncdenr.¢ov if you.
have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G, Regional Supervisor
'Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3884 -
CertificateofCompletlon
cc: Joey Lawler —S&ME, Inc. (via email)
David Brown— USACE Asheville Regulatory Field Office (via email)Andrea Leslie -NCWRC (via email) - -
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files -
DWR 401 and Buffer Permitting Unit
G:\WR\Wq\Polk\401s\Non-DOT\Line T-01 Pipeline Replacement Project\APRVL.LineT-OIPipellneReplacementPmlect.11-10-15.doc
Appendix II - Revised Impact Drawings
Appendix III - Revised Stream Impact Table
REVISED STREAM IMPACT TABLE
Line T-01 Pipeline Replacement Project - Polk, Henderson & Buncombe Counties, N.C.
Table Revised on March 31, 2016
S&ME Project No. 7335-15-005
Name
A
Map No.
Flow Regime
ImpactStream .;
Temporary
Permanent
ngitud
10 4
Impact (LF) Impact (LF)
SA01
22
Perennial
Temporary disturbance / trenching
50
0
35.306692
82.174284
SA03 (Little White Oak
Creek)
23
Perennial
Temporary disturbance / trenching
51
0
35.31003
82.185002
SA04
24
Perennial
Avoided (bore)
0
0
35.312414
82.194188
SA05
25
Perennial
Avoided (bore)
0
0
35.312534
82.194544
SA07 (Silver Creek)
26
Perennial
Temporary disturbance / trenching
68
0
35.31424
82.203389
SA08
27
Perennial
Temporary disturbance / trenching
55
0
35.31548
82.215646
SA09 (Ostin Creek)
28
Perennial
Temporary disturbance / trenching
53
0
35.315614
82.216655
SA11
29
Perennial
Temporary disturbance / trenching
50
0
35.316369
82.223516
SA12
30
Perennial
Temporary disturbance / trenching
84
0
35.322976
82.24365
SA15
31
Intermittent
Temporary disturbance
88
0
35.323324
82.246783
SA14 (Green River)
32
TNW
Temporary disturbance / trenching
169
0
35.323753
82.24685
S1302
33
Perennial
Temporary disturbance / trenching
69
0
35.326406
82.259587
SA17
34
Perennial
Temporary disturbance / trenching
52
0
35.328741
82.261666
SA19
35
Perennial
Temporary disturbance / trenching
251
0
35.332824
82.267816
SA20 (Harm Creek)
36
Perennial
Temporary disturbance / trenching
66
0
35.333638
82.277597
SA22
37
Perennial
Temporary disturbance / trenching
64
0
35.333863
82.286201
SC04
38
Perennial
Temporary disturbance / trenching
59
0
35.330499
82.301789
SC01 (Harm Creek)
39
Perennial
Temporary bank disturbance
156
0
35.330675
82.303472
SC07
40
Perennial
Temporary disturbance / trenching
under culvert
74
0
35.333473
82.308484
SC09 (Hungry River)
41
Perennial
Temporary disturbance / trenching
103
0
35.337241
82.316491
SC10
42
Intermittent
Temporary disturbance
61
0
35.337338
82.316549
SC11
43
Intermittent
Temporary disturbance / trenching
77
0
35.337785
82.31776
SC12
44
Perennial
Temporary disturbance / trenching
94
0
35.337833
82.318345
SC15
45
Perennial
Temporary disturbance / trenching
80
0
35.338341
82.324347
S13O1 (Little Hungry
River)
46
Perennial
Temporary disturbance / trenching
82
0
35.343713
82.335869
Stream Na
Map No.
Flow Regime
Impact
ImpactImpact
SD46 (Sconon Creek)
47
Perennial
Temporary disturbance / trenching
52
0
35.345882
82.346229
SD03 (Tumblebug Creek)
48
Perennial
Temporary disturbance / trenching
51
0
35.34525
82.350941
SC19
49
Perennial
Temporary disturbance / trenching
under culvert
17
0
35.34732
82.364006
SC16
50
Perennial
Temporary disturbance / trenching
54
0
35.347417
82.368213
SC17
51
Intermittent
Temporary disturbance
6
0
35.347647
82.370139
SC18
52
Perennial
Temporary disturbance / trenching
69
0
35.347711
82.371049
SC21
53
Perennial
Temporary disturbance
13
0
35.350175
82.382257
SD05
54
Perennial
Temporary disturbance / trenching
under culvert
33
0
35.351009
82.387365
SD06 (Devils Fork)
55
Perennial
Temporary disturbance / trenching
53
0
35.351185
82.38852
SD07
56
Perennial
Temporary disturbance / trenching
32
0
35.353455
82.39956
SC24
57
Perennial
Temporary disturbance / trenching
62
0
35.353482
82.400321
SD08 (Wolfpen Creek)
58
Perennial
Temporary disturbance / trenching
64
0
35.352528
82.408053
SC25
59
Perennial
Temporary disturbance / trenching
31
0
35.355077
82.413805
SC27
60
Perennial
Avoided (HDD)
0
0
35.358824
82.427138
SD10 (Clear Creek)
61
TNW
Avoided (HDD)
0
0
35.359179
82.429092
SD11
62
Perennial
Temporary disturbance / trenching
56
0
35.360303
82.436653
SD12
63
Perennial
Temporary disturbance / trenching
570
0
35.361196
82.437822
SD13
64
Perennial
Temporary disturbance / trenching
53
0
35.366091
82.443904
SD14
65
Perennial
Temporary disturbance / trenching
81
0
35.370213
82.449443
SD15
66
Perennial
Avoided (bore)
0
0
35.370648
82.45158
SD15
67
Perennial
Temporary disturbance
95
0
35.370835
82.451941
SD16
68
Perennial
Temporary disturbance / trenching
109
0
35.377888
82.461806
SD18 (Featherstone
Creek)
69
Perennial
Temporary disturbance / trenching
62
0
35.378132
82.465188
SD19A
70
Perennial
Avoided (bore)
0
0
35.381757
82.467729
SD19B
71
Perennial
Temporary disturbance / trenching
166
0
35.384162
82.469401
SD19C
72
Perennial
Temporary disturbance / trenching
99
0
35.384807
82.469764
SD22
73
Perennial
Temporary disturbance / trenching
64
0
35.387551
82.470529
SD24 (Byers Creek)
74
Perennial
Temporary disturbance / trenching
57
0
35.397547
82.482856
Stream
Name
Map No.
Flow Regime
Impact
..Impact
SD25
75
lIntermittent
Avoided (bore)
0
0
35.397952
82.484921
SD27
76
Perennial
Temporary disturbance / trenching
320
0
35.401195
82.486936
SD30
77
Perennial
Temporary disturbance / trenching
53
0
35.407617
82.490215
SD31
78
Perennial
Temporary disturbance / trenching
under culvert
53
0
35.411807
82.491547
SD32A
79
lIntermittent
Temporary disturbance / trenching
52
0
35.413022
82.491882
SD34
80
Intermittent
Temporary disturbance / trenching
171
0
35.417601
82.493307
SD35
81
Perennial
Temporary disturbance / trenching
102
0
35.42056
82.493543
SD36
82
Perennial
Temporary disturbance / trenching
50
0
35.422939
82.493249
SC29 (Cane Creek)
83
TNW
Avoided (HDD)
0
0
35.426333
82.493041
SC30
84
Perennial
Temporary disturbance / trenching
51
0
35.428942
82.492813
SC31
85
Perennial
Temporary disturbance / trenching
248
0
35.432472
82.492128
SC32
86
Perennial
Temporary disturbance / trenching
53
0
35.436007
82.49163
SD38 (Pinner Creek)
87
Perennial
Avoided (bore)
0
0
35.439326
82.491617
SD39
88
Perennial
Temporary disturbance / trenching
under culvert
14
0
35.445048
82.494754
SD40
89
Perennial
Temporary disturbance / trenching
161
0
35.449233
82.498524
SD41 (Pinner Creek)
90
Perennial
Temporary disturbance / trenching
under culvert
74
0
35.449743
82.498737
SD42
91
Perennial
Temporary disturbance / trenching
61
0
35.456215
82.50478
SD43
92
Intermittent
Avoided (bore)
0
0
35.45628
82.505233
SD44
93
Perennial
Temporary disturbance / trenching
71
0
35.457468
82.50765
SD45
94
Perennial
Temporary disturbance / trenching
80
0
35.457595
82.507841
SEA01
95
Perennial
Permanent Culverting
0
25
35.311285
82.204383
SC01A (Hungry River)
96
Perennial
Temporary access road crossing
72
0
35.332515
82.317429
UTl
97
Intermittent
Temporary access road crossing
27
0
35.333516
82.316721
SC14
98
Perennial
Temporary access road crossing
32
0
35.337625
82.318508
SDOlA (Little Hungry
River)
99
Perennial
Avoided (bridged)
0
0
35.344945
82.333683
SC27A
100
Perennial
Temporary disturbance for culvert
jupgrades
10
0
35.357965
82.427496
Totals:
5660
1 25