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HomeMy WebLinkAbout20190929 Ver 2_401 Application_20191108corblu ECOLOGY GROUP r November 7, 2019 Ms. Stephanie Goss RECEjVLzD/r)�!R/� NC DWR, 401 & Buffer Permitting Branch WR 512 North Salisbury Street NOV Q Raleigh, NC 27604 1+4rter h�rrnittinq Section Subject: "After -the -Fact" Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company Maintenance Wake County, North Carolina Corblu Project No. 02-041901- Line 24 Exposure Dear Ms. Goss, Based on our consultation with you, the North Carolina Division of Water Resources (DWR) , and as a follow-up to our letter on October 30, 2019, Corblu Ecology Group, LLC (Corblu) respectfully submits an "After -the -Fact", under Section 401 water quality Pre -Construction Notification (PCN) for the additional permanent impacts to Big Branch, an intermittent stream, on behalf of our client CPC. CPC's Line 24 pipeline exposure maintenance project is located within CPC's existing right- of-way (ROW) southwest of the South Salem Street and East William Street intersection near Wragby Lane in Wake County, North Carolina (35.719330,-78.861470; Figure 1; Photograph Nos 1-4). Background Corblu initially inspected the above referenced exposure maintenance location for the presence of jurisdictional waters of the U.S. on March 26, 2019. Jurisdictional waters (Big Branch, an intermittent stream) were observed at this location. High flow events from significant precipitation had resulted in a head cut migration in Big Branch within CPC's ROW, exposing CPC's Line 24. The exposure and lack of surface pipeline protection at the maintenance location had resulted in conditions that left the pipeline vulnerable to potential Sy S Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 24 Exposure November 7, 2019 Corblu Project No. 02-041901 —Wake Co. NC damages. Further, these conditions were not consistent with CPC's or U.S. Department of Transportation regulatory requirements for pipeline protection. DWR approved CPC's Line 24 Exposure (DWR# 20190929; Appendix A) natural stream design (NSD) project on August 22, 2019. Based on the attached North Carolina Department of Water Quality (NCDWQ) 401 Water Quality Certification approval the NSD was permitted for a total of 50 linear feet (LF) [30 LF of permanent and 20 LF of temporary impacts (workspace/dam and pump)] to address the exposure within an intermittent stream (Big Branch). Based on the post -maintenance inspection, an additional 30 LF of impact to Big Branch was observed. Proposed Activities in Jurisdictional Waters The approved pipeline maintenance activity included permanent and temporary impacts to Big Branch. Specifically, CPC constructed a permanent riffle throughout the reach of stream within their ROW using NSD techniques, which included a boulder step to re-establish and maintain the stream grade. This provided the required protective cover over Line 24 while maintaining existing stream flow. The NSD required a total of 50 LF (approximately 30 LF of permanent and 20 LF of temporary impacts for workspace) of stream impact. CPC conducted work "in -the -dry" using impervious dikes (upstream and downstream of the maintenance area), a de -watering pump, and a stabilized in channel outlet for the downstream pump discharge (which was removed following stream restoration). The maintenance location was accessed through CPC's existing, mowed, and maintained ROW from Wragby Lane to conduct the maintenance activity. CPC inspected the exposed pipeline (Line 24) and replace the required protective cover over Line 24 through NSD techniques. To re-establish the required protective cover CPC performed the following: 1) excavated the exposure on Line 24; 2) inspected and made repairs to Line 24 as necessary; 3) backfilled the excavation area; 4) constructed a natural riffle through the reach of Big Branch within CPC's ROW to re-establish the pre -erosion contours of the streambed, providing the required protective cover over the pipeline while maintaining existing flow conditions; 5) constructed a boulder step at the downstream end of Big Branch within the ROW; and 6) stabilized the outside bends of the tributary within the ROW by sloping back the banks and installing coir matting. CPC's standard erosion control practices were employed (Appendix B). Specifically, the disturbed areas along the stream banks were revegetated with a grass seed mix and stabilized with straw. During construction, CPC and their contractors made an on -site decision to stabilize additional linear footage of stream channel based on substrate conditions. Specifically, CPC mixed coarse aggregate 2 Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 24 Exposure November 7, 2019 Corblu Project No. 02-041901 — Wake Co. NC with the existing substrate (composed mainly of clay with minimal gravel) to provide a more stable stream substrate which resulted in an additional 30 LF of stream disturbance. Based on our evaluation of the subject site, the permanent disturbances to Big Branch associated with this maintenance activity exceeded the authorized (DWR #20190929) 30 LF of permanent disturbance by an additional 30 LF (totaling 60 LF; Figure 2). Corblu respectfully requests an "After -the -Fact" 401 water quality PCN for the Line 24 pipeline maintenance and permanent impacts to approximately 60 LF of Big Branch. The appropriate figures and photographs are enclosed for your review. 401 & Buffer Permitting PCN Submittal Checklist We have provided the following information to document compliance with the requirements outlined in the PCN Submittal Checklist (Appendix C). Each item is discussed below. Application Fee A $240.00 check made out to "N.C. Division of Water Resources" for 401 Water Quality Certification with minor impacts has been included with this submittal. PCN Application A complete copy of the USACE Wilmington District PCN Application and supporting documentation have been included with this submittal (Appendix D). Stormwater Management Plan Not Applicable - This is a maintenance activity for an existing petroleum pipeline and does not involve the construction of any roads or structures. If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form: Three (3) copies of the details for on -site diffuse flow provisions Big Branch is in the Cape Fear River Basin. The Cape Fear River Basin does not have state implemented riparian buffer rules. DWR Stream Determination Forms for streams on property and DWR determination letter for wetlands or streams (if applicable) Not Applicable — The Line 24 exposure location is listed as Exempt since the use of the pipeline is present and ongoing. K3 Section 401 Water Quality Pre -Construction Notification November 7, 2019 Colonial Pipeline Company — Line 24 Exposure Corblu Project No. 02-041901 — Wake Co. NC Maps and Plans • The most recent version of the 1:24,000 USGS Topographic Map: See Figure 1. • The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar -Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects): See Figures 4A and 4B. Vicinity map: See Figure 3. • The Site Plan: See Appendix A. • Pre-construction/Pre-existing conditions: See Appendix A. • Proposed conditions: See Appendix A. • Drainage Plans: Not Applicable. • Proposed Impacts: See Appendix A. • Wetland Impacts: Not Applicable. • Stream Impacts: See Appendix A. rd Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 24 Exposure November 7, 2019 Corblu Project No. 02-041901 — Wake Co. NC Summary and Conclusion In summary, the pipeline maintenance activity impacted to approximately 60 LF of Big Branch as authorized under the USACE NWP No. 3(a) and (c). The project was designed to protect the pipeline exposure and restore/stabilize this portion of Big Branch. Please accept this "After -the -Fact" Section 401 Water Quality PCN request. If you have any questions or comments regarding this PCN submittal, please contact the undersigned at (770) 591- 9990. Sincerely, CORBLU ECOLOGY GROUP, LLC Shanna E. Cahill, CE Principal Ecologist 14 /IW// D11 Y i Richard W. Whiteside, PhD, CWB, CSE President Enclosures: Figure 1 — Site Location Map Figure 2 — Additional Stabilization Impact Map Figure 3 — Vicinity Map Figure 4A — USDA NRCS Soils Map Figure 4B — USDA Soils Map Photographs (4) Appendix A: DWR #20190929 Appendix B: CPC Soil Erosion and Sediment Control Plan Appendix C: 401 & Buffer Permitting PCN Submittal Checklist Appendix D: USACE Wilmington District PCN Form c: Ms. Jennifer Price, CPC Project Manager, via email Mr. John Wyatt, CPC Environmental Lead-SED, via email Mr. Faron Leigh, CPC Environmental Specialist, via email 5 W-F � i1� r, _ . . •Y.' lbw _ �r -i "v�' ? !'"► Base Map Source: USA Topo Maps Colonial Pipeline Company, SE Line 24 Exposure Big Branch Davidson County, North Carolina 1-24,000 0 1,250 2,500 5,000 Feet Figure 1 co r b I u Site Location Map ECOLOGY GROUP Project No. 02-041901 Base Map Source: ESRI Aerial Imagery o ao so 160 Feet GPS Data Collected: 3/26/19 1 :800 Colonial Pipeline Company, SE Figure 2 Line 24 Exposure Big Branch o 1 b l u Additional Stablization Impact Map Wake County, North Carolina ECOLOGY GROUP Project No. 02-041901 -- Project Area approximately 0.33-acre within CPC ROW'` �! ' S ro f{f 1 f # . ♦ i Access via Wragby Lane Line 24 Exposure Location Fj,, (35.719330,-78.861470) e, s ?Sl Legend �} Exposure Location CPC Pipeline CPC ROW -- -- Site Access QProject Area Big Branch Base Map Source: ESRI Aerial Imagery 0 100 200 400 Feet GPS Data Collected: 3/26/19 1:2 000 Colonial Pipeline Company, SE L4N Figure 3 Line 24 Exposure Big Branch c V r I Vicinity Map Wake County, North Carolina ECOLOGY GROUP Project No. 02-041901 Base Map Source: ESRI Aerial Imagery 0 50 100 200 Feet Soils Data: Web Soil Survey Download 5/23/19 11,000 QQQ GPS Data Collected: 3/26/19 Colonial Pipeline Company, SE CN Figure 4B Line 24 Exposure Big Branch o r b I USDA Soils Map Wake County, North Carolina ECOLOGY GROUP Project No. 02-041901 "After -the -Fact" Colonial Pipeline Company — Line 24 Exposure Corblu Project No. 02-041901 — Big Branch Exposure i P ,a Line 24 Exposure Photograph No. 1: Southeast facing view of the Line 24 exposure (erosional headcut) in Big Branch (intermittent stream) within CPC's mowed and maintained right-of-way. (Pre -maintenance). "After -the -Fact" Colonial Pipeline Company — Line 24 Exposure Corblu Project No. 02-041901 — Big Branch Exposure APPENDIX A DWR #20190929 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director August 22, 2019 Colonial Pipeline Company Attn: John Wyatt 5251 Hwy. 153, Suite C #365 Hixson, TN 37343 d 17 -L NORTH CAROLINA Environmental Quality DWR #19-0929 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Colonial Pipeline Company Line 24-Exposure Big Branch Wake Co. NC 2019 Dear Mr.,Wyatt: You have -our approval for the impacts listed below for.the purpose described in your application received by the Division of Water Resources (Division) on,July 11; 2019 with payment' received on, July 15, 2019. These impacts are covered by the attached Water Quality General Certification Number 4132 and the conditions listed below. This certification is associated with the use'of Nationwide Permit Number 3 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, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification 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 02B .0506(b)(c)] Type of Impact Amount Approved . (units), Permanent Amount Approved (units) Temporary Stream. S1:'Re'st'oration 30- (linear feet) 0 (linear feet) S2: Temporary Access/Excavation 0 (linear feet) '20 (linear feet) � Q North Carolina Department of Environmental Quality I Division of Water Resuurces 10ERaleigh Regional Oce 1 3800 Barrett Drive I Raleigh. North Carolina 27609 tX�i IC4 ::.W9 i / i i1 DOn—,u_\_ �"'� 919.791.4200 Colonial Pipeline Line 24 Exposure DWR #19-0929 401 APPROVAL Page 2 of 3 2. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 3. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 4. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. 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 and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form maybe 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 normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and 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. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Colonial Pipeline Line 24 Exposure DWR #19-0929 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 401 APPROVAL Page 3 of 3 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. Sincerely, Rick Bolich, L.G. Assistant Supervisor, Water Quality Regional Operations Section Enclosure: GC 4132 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, INC 27597 DWR RRO 401 file DWR 401 & Buffer Permitting Unit via Laserfiche Michael Barfield via e-mail at mbarfield@corblu.com CPC SOIL EROSION AND SEDIMENT CONTROL PLAN Colonial Pipeline Company Soil Erosion and Sediment Control Plan For Pipeline Maintenance Activities Objective Disturbed areas are to be restored as close as practical to their original contours and conditions so that once vegetation is reestablished, erosion will be reduced to the same or lower level that existed prior to disturbance. Description This section defines the soil erosion and sediment control measures that Colonial Pipeline Company will implement during and after inspection and repairs of the pipeline are complete. The objectives of this plan are to establish general guidelines for controlling erosion and sedimentation and to specify criteria for sensitive or particularly susceptible soil areas. The plan incorporates measures to control erosion and sedimentation, including minimizing cOVer removal-, limiting the time of exposure; limiting the flow of water onto the disturbed right-of-way, and filtering or settling out sediment from water flowing from the right-of-way. The primary objective of the soil erosion and sediment control plan is to reduce the area and duration of soil disturbance and reestablish permanent vegetation as soon after construction as possible, thereby minimizing long-term erosion and sedimentation. Some erosion is inevitable during construction; however, the plan includes measures to reduce erosion to the minimum practical. Colonial Pipeline Company plans to reduce soil erosion and provide sediment control during the repair of the pipeline at the project site by incorporating the following measures: • Water pumped from the construction area as part of the dewatering operation from the excavation will be filtered through silt filtration bags and discharged to a well -vegetated area. • All work willbe confined within the existing right-of-way. Staked hay bales and silt fence will be installed around the worksite and maintained until vegetation is established. Proper controls wiU; be added if necessary during construction. • All terms and conditions within Nationwide Permit 3 will be followed. • Erosion control measures will be installed prior to conducting any soil disturbing activities associated with the pipeline maintenance activity. • Clearing of vegetation will be kept to an absolute minimum and confined to the existing pipeline easement area. The easement area is 50 feet in width and devoid of large trees. The right of way is vegetated with undergrowth grasses and other short vegetation. • Vegetation will be reestablished within disturbed areas and along stream banks as soon as possible upon completion of work. Disturbed areas will be seeded with a wetland seed mixture • All erosion and sediment control measures will be inspected every two weeks at a minimum and after every significant rainfall event of 0.5 inch or more until disturbed areas have been stabilized. Identified damages to control measures must be repaired immediately. Refuse and Waste Disposal Colonial's representative will not allow the Contractor to discard any litter, including paper, bottles, cans, rags, sacks, welding rod stubs, fuel, crankcase draining, coating materials, equipment, and junk pipe in the ditch or along the right-of-way. All refuse must be collected and disposed in accordance with company specifications. Personnel will be instructed regarding the correct procedure for waste disposal. Maintena-neeITne snection Proceditures The following inspection and maintenance practices will be implemented to maintain erosion and sediment controls: 1. All control measures will be inspected every two weeks at a minimum and following any storm event of 0.5 inch or greater. 2. All control measures will be maintained in good working order. If a repair is necessary, it will be initiated within 24 hours of the report. 3. Built-up sediment will be removed from silt fences when it has reached one-third the height of the fence. 4. Silt fences will be inspected for depth of sediment, tears, secure attachment of the fabric to the fence posts, and firm placement of the fence posts in the ground. 5. Temporary and permanent seeding and planting will be inspected for bare spots, washouts, and healthy growth. 6. Colonial Pipeline Company will select individuals to be responsible for inspections, maintenance and repair activities, and completion of the inspection and maintenance report. Personnel selected for inspection and maintenance responsibilities will receive training from Colonial Pipeline Company or its representative. Personnel must be trained in all practices necessary for maintaining the erosion and sediment controls used on -site. 2 APPENDIX C 401 & BUFFER PERMITTING PCN SUBMITTAL CHECKLIST Version 1.4 January 9, 2009 401 & Buffer Permitting PCN Submittal Checklist ® The application fee (Checks may be made out to "N.C. Division of Water Resources" - $240.00 for 401 Water Quality Certification with minor impacts - $570.00 for 401 Water Quality Certification with major impacts - Express Review Fee (Amount requested on Acceptance Letter) ® Four (4) complete and collated copies of the PCN Application and supporting documentation (instead of providing 4 copies of the full size plans you may provide two copies of full size plans along with two copies of 11 X 17 plans) N/A Stormwater Management Plan (if applicable — see PCN Form Help File Section E) 1) Please provide three (3) copies of the stormwater management plans along with all supporting information pertaining to this project including the following: a. Entire site development/layout plans delineating all drainage areas; b. Design calculation sheets for all proposed BMP(s) sized for both on -site and off -site drainage; c. BMP supplements for each proposed BMP and Required Items Check List (http://portal.ncdenr.org/web/Ir/bmp-manual) along with all required items; d. A Notarized Operation & Maintenance Agreement for each stormwater management facility; e. Detailed construction drawing sheets shall include (i) Erosion and sediment control plans; (ii) Installation and planting schedules for the proposed BMPs; (iii) Appropriately scaled plan views and cross sectional details of all BMPs and associated components — inlet and outlet structures, forebay, respective zones and pertinent elevations. N/A If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form: 1) Three (3) copies of the details for on -site diffuse flow provisions, (refer to http://portal.ncdenr.org/web/Ir/bmp-manual). N/A DWR Stream Determination Forms for streams on property and DWR determination letter for wetlands or streams (if applicable). The following is the most critical of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: Maps and Plans: ® The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or delineate the site boundaries on the topographic map. ® The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar -Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) - Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Copies of the Version 1.4 January 9, 2009 current soil survey and/or soil survey map sheets can be obtained from the local NRCS County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable. ® Vicinity map - Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north arrow and scale. Please include applicable road names or State Road numbers. ® The Site Plan - The most critical map to be provided is the site plan. You must provide full sized plans. The following is the minimum list of plans that are typically needed. ® Pre-construction/Pre-existing conditions - This sheet (or sheets) must include: • All jurisdictional and non -jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Topographic contours with elevations • Any existing structures and impervious areas • Existing utility lines and easements • Existing roads, culverts, and other pertinent features • North arrow and the scale (1 ":50' scale is recommended). ® Proposed conditions - This sheet (or sheets) must include: • All jurisdictional and non -jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Lot layout (if a subdivision or commercial development is proposed) - lots must be developable without further impacts to jurisdictional and non -jurisdictional wetlands, streams, water features, and State regulated buffers. Building envelopes must be provided when streams, wetlands, riparian buffers, or water features exist on a lot • All built -out structures and impervious cover • Final grading contours with elevations • All utilities and easements (including septic fields on all lots within 100 feet of stream, wetland, or water features - if applicable) • Impacted areas — these should correspond with the Impact numbers listed on your PCN form. N/A Drainage Plans - Final drainage plans must include the following: • Locations and pertinent elevations and sizes of the stormwater collection system and drainage ways • All inlets and outlets must also be shown with pertinent elevations (All outlets to wetlands must be at a non -erosive velocity, generally less than 2 ft/sec durinq the peak flow from the 10-yr storm) • Scaled stormwater BMPs must also be indicated as required by DWR rules and policies • In certain cases (see Section E of PCN form), final stormwater management plans must also be provided (see Stormwater Management Plan Checklist) ® Proposed Impacts - All impacts to jurisdictional and non -jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans at a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non -jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. Please provide cross sectional details showing the provisions for aquatic life passage (burial of culvert 20% for culverts 5 48 inches, and 1-foot for culverts > 48 inches). Version 1.4 January 9, 2009 Wetland Impacts: N/A Precise grading and final elevation contours must be provided. Existing vegetation and any clearing must be specified. N/A All subsurface utility lines must indicate the location of anti -seep collars. Construction detail for anti -seep collars must be provided. N/A Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. N/A Plans should show that the hydrology of remaining wetlands on the site will be maintained. Stream Impacts: ® Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted. N/A The inlet and the outlet of all culverts should be aligned with the stream as much as possible. Inlet and outlet elevations and streambed elevations should be indicated. Any inlet or outlet protection must be shown and enumerated on the impact map(s). N/A For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. Additionally, please provide a signed and sealed geotechnical report of subsurface soils at the proposed bottomless culvert location. The report must comply with the Division of Highways — Guidelines for Drainage Studies and Hydraulic Design, prepared by A.L. Hankins, Jr., State Hydraulics Engineer - 1999. N/A Multiple culverts or sectioned box culverts typically require the use of sills, off- setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood -prone area. N/A Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization. The length of stream impounded must also be indicated and enumerated. APPENDIX D USACE WILMINGTON DISTRICT PCN FORM W ATF9QG Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: El Section 404 Permit El Section 10 Permit ®N/A 1 b. Specify Nationwide Permit (NWP) number: 3 (a) & (c) or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ® Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Colonial Pipeline Company Line 24 Exposure Big Branch Wake Co. NC 2019 2b. County: Wake 2c. Nearest municipality / town: Apex 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Name on Easement Agreement: C.W. Upchurch and wife, Mamie Bell Upchurch; Myrtle Hayes Cotten and husband, Elbert Cotten; Donald Lyons and wife, Mary Frances Lyons. Please see PCN Form Attachment A — Easement Agreement. 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: N/A 3e. City, state, zip: Apex, North Carolina 27502 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: 4b. Name: John Wyatt 4c. Business name (if applicable): Colonial Pipeline Company (CPC) 4d. Street address: 5251 Hwy. 153 Suite C #365 4e. City, state, zip: Hixson, TN 37343 4f. Telephone no.: 770-819-3557 4g. Fax no.: 770-819-3567 4h. Email address: Jmwyatt@colpipe.com 5. Agent/Consultant Information (if applicable) 5a. Name: Shanna Cahill 5b. Business name (if applicable): Corblu Ecology Group LLC. 5c. Street address: 3225 South Cherokee Lane, Bldg 800 5d. City, state, zip: Woodstock, Georgia 30188 5e. Telephone no.: 770-591-9990 5f. Fax no.: 770-591-9993 5g. Email address: scahill@corblu.com Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0741160675; 0741162962; 074107905 (Parcel No.) 1 b. Site coordinates (in decimal degrees): Latitude:35.719330 Longitude:-78.861470 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 0.33-acre approximate project area 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Big Branch proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: map is available at Cape Fear River Basin http://h2o.enr.state.nc.us/admin/maps/ Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: DWR approved CPC's Line 24 Exposure (DWR# 20190929; Appendix A) natural stream design (NSD) project on August 22, 2019. Based on the attached North Carolina Department of Water Quality (NCDWQ) 401 Water Quality Certification approval the NSD was permitted for a total of 50 linear feet (LF) [30 LF of permanent and 20 LF of temporary impacts (workspace/dam and pump)] to address the exposure within an intermittent stream (Big Branch). Based on the post - maintenance inspection, an additional 30 LF of impact to Big Branch was observed. 3b. List the total estimated acreage of all existing wetlands on the property: No wetlands were observed within the project boundary (Figure 2) 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 60 linear feet of an intermittent stream (Big Branch). 3d. Explain the purpose of the proposed project: High flow events from significant precipitation had resulted in head cut migration in Big Branch within CPC's ROW, exposing CPC's Line 24. The exposure and lack of surface pipeline protection at the maintenance location had resulted in conditions that left the pipeline vulnerable to potential damages. Further, these conditions are not consistent with CPC's or regulatory requirements for pipeline protection. CPC proposes to inspect the exposed line and replace the required protective cover over Line 24 using natural stream design techniques. DWR approved CPC's Line 24 Exposure (DWR# 20190929; Appendix A) natural stream design (NSD) project on August 22, 2019. Based on the attached North Carolina Department of Water Quality (NCDWQ) 401 Water Quality Certification approval the NSD was permitted for a total of 50 linear feet (LF) [30 LF of permanent and 20 LF of temporary impacts (workspace/dam and pump)] to address the exposure within an intermittent stream (Big Branch). 3e. Describe the overall project in detail, including the type of equipment to be used: The approved pipeline maintenance activity included permanent and temporary impacts to Big Branch. Specifically, CPC constructed a permanent riffle throughout the reach of stream within their ROW using NSD techniques, which included a boulder step to re-establish and maintain the stream grade. This provided the required protective cover over Line 24 while maintaining existing stream flow. The NSD required a total of 50 LF (approximately 30 LF of permanent and 20 LF of temporary impacts for workspace) of stream impact. CPC conducted work "in -the -dry" using impervious dikes (upstream and downstream of the maintenance area), a de -watering pump, and a stabilized in channel outlet for the downstream pump discharge (which was removed following stream restoration). The maintenance location was accessed through CPC's existing, mowed, and maintained ROW from Wragby Lane to conduct the maintenance activity. CPC inspected the exposed pipeline (Line 24) and replace the required protective cover over Line 24 through NSD techniques. To re-establish the required protective cover CPC performed the following: 1) excavated the exposure on Line 24; 2) inspected and made repairs to Line 24 as necessary; 3) backfilled the excavation area; 4) constructed a natural riffle through the reach of Big Branch within CPC's ROW to re-establish the pre -erosion contours of the streambed, providing the required protective cover over the pipeline while maintaining existing flow conditions; 5) constructed a boulder step at the downstream end of Big Branch within the ROW; and 6) stabilized the outside bends of the tributary within the ROW by sloping back the banks and installing coir matting. CPC's standard erosion control practices were employed (Appendix B). Specifically, the disturbed areas along the stream banks were revegetated with a grass seed mix and stabilized with straw. During construction, CPC and their contractors made an on -site decision to stabilize additional linear footage of stream channel based on substrate conditions. Specifically, CPC mixed coarse aggregate with the existing substrate (composed mainly of clay with minimal gravel) to provide a more stable stream substrate which resulted in an additional 30 linear feet (LF) of stream disturbance. Based on our evaluation of the subject site, the permanent disturbances to Big Branch associated with this maintenance activity exceeded the authorized (DWR #20190929) 30 LF of disturbance by an additional 30 LF (totaling 60 LF; Figure 2). Corblu respectfully requests an "After -the -Fact" 401 water quality PCN for the Line 24 pipeline maintenance and permanent impacts to approximately 60 LF of Big Branch. The appropriate figures and photographs are enclosed for your review. Page 4 of 12 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: El Yes El No ®Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary ❑Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. DWR #19-0929, Wake County - Approval of 401 Water Quality Certification With Additional Conditions li. Future Project Plans 6a. Is this a phased project? ❑Yes No 6b. If yes, explain. Page 5 of 12 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T NSD Riffle and Boulder Step Big Branch El PER ® INT ® Corps ❑ DWQ 4 feet 60 S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S1 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 60 LF 3i. Comments: Page 6of12 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico ®Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required. B1 ❑P❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts N/A N/A 6i. Comments: No riparian buffer protection rules, the pipeline maintenance is located in the Cape Fear River Basin. Page 7 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. CPC is required to conduct the work for the safety of the pipeline (unavoidable work). CPC replaced the required protective cover over Line 24 using a natural stream design (as a opposed to hard armoring), which will provided the required pipeline cover, while improving downstream water quality through stream stabilization. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. During construction CPC and their contractors made an on -site call to stabilize additional linear footage of stream channel based on substrate conditions. Specifically, CPC mixed coarse aggregate with the existing substrate (composed mainly of clay with minimal gravel) to provide a more stable stream substrate which resulted in an additional 30 linear feet (LF) of stream disturbance. 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 yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ElPayment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? If yes, you will have to fill out this entire form — please contact the State for more information. 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: No riparian buffer protection rules, project is located in the Yadkin Pee Dee river basin. Page 9 of 12 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ®No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a maintenance activity for an existing petroleum pipeline and does not involved the construction of any roads or structures. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Mecklenburg County ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW ❑ Session Law 2006-246 (check all that apply): ® Other: N/A- Pipeline Maintenance 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ® Yes ❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): DWR approved CPC's Line 24 Exposure, 401 Water Quality Certification (DWR # 20190929) for permanent impacts to 30 linear feet for natural stream design. During construction CPC and their contractors made an on -site call to stabilize an additional 30 linear feet of streambed. The substrate was mixed with coarse aggregate to provide a more stable stream substrate resulting in a total of 60 linear feet of permanent impacts through natural stream design. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A — This pipeline maintenance project will not involve the generation of any wastewater necessitating a treatment method. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Potential species occurrences for Wake County, North Carolina were reviewed from the USFWS ECOS website (https://ecos.fws.goy/ecp/) prior to visiting the site. Also an official IPaC species list was requested for the project area from the Asheville Field Office on 5/23/2019. Please see PCN Form Attachment B - IPaC Report. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? https://www.fisheries.noaa.ciov/resource/map/essential-fish-habitat-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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Site data collected from http://www.hpo.ncdcr.gov/gis/CountyDisclaimers.html#DataDownload. Please see PCN Form Attachment C - NRHP Map. B. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? https://hazards.fema.gov/gis/nfhl/rest/services Shanna Cahill 11/07/19 y A- licant/Agent's Signatur Date Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 M John M. Wyatt Southeast District Environmental Program Manager February 8, 2019 US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 DWQ Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Subject: Authorization Letter To Whom It May Concern: Colonial Pipeline Company Tel: (404) 713-9270 Colonial Pipeline Company (CPC) gives authorization to Corblu Ecology Group to serve as our agent regarding North Carolina Division of Water Quality (DWQ)/U.S. Army Corps of Engineers (USACE) Pre - Construction Notification (PCN) Application Forms. Should you have any questions or concerns please contact me at the letterhead address or telephone number. Sincerely, 1&� John M. Wyatt Southeast District Environmental Program Manager Colonial Pipeline Company 5251 Hwy 153 Suite C #365 Hixson, TN 37343 PCN FORM ATTACHMENT A — Easement Agreement 806 ($ 80.00 Tract 283 Auth. 2333 SECOND ADDITIONAL LINE RECEIPT THIRD PIPELINE RECEIVED from COLONIAL PIPELINE COMPANY Eighty dollars and 00/100 -------------------- ) Dollars being full payment of the agreed right of way consideration for an additional pipeline to be laid under authority of a Right of Way Easement from C. W. Upchurch and wife, Mamie Bell Upchurch to COLONIAL PIPELINE COMPANY dated March 4 1963 , and recorded in Book 1558 , at Page 628 , of the Records of Wake North Carolina County,/Parish, State of , to which reference is hereby made. Payee(s) warrant(s) (he/she is), (they are) the owner(s) in fee simple of all or a portion of the property described in the above referenced Right of Way Easement and is/are entitled to the payment �heerebbyy acknowledged. Dated this,day ofy , 19 / `: WITNESS: i Demp y Jones 7� X 7) a-O, ,L ;10- t4 a--L ,z,0-C L--. Mamie B. Upchu'}ch Payee ACC"` LONI.12&_-ftQ0PIPELINE CO. Payee Payee the receipt of which is hereby acknowledged, and the further consideration of ; 1.00 r`Or rod ,maLm ft.S, to be paid within the period hereinafter provided, C • :!. Upchurch and wife., T,aIniP R-z:�1 1 TT;)raiirrCh hereinafter referred to as Grantors (whether one or, more), do hereby grant and convey unto COLONIAL PIPELINE COMPANY, a Delaware corporation, its successors and assigns, hereinafter referred to as Grantee, an easement for a pipe line right of way with the right to construct, maintain, inspect, operate, protect, replace, repair, change the size of, and remove a pipe line for the transportation of liquids and/or gases, upon and along a route to be selected by Grantee, said right of way being 50 feet in width db&_N1 6 x xxxxxxYxx K ,�sa "al. }af 166wwo: xj(rt a tie*I[ridi+r, on, over, and through the following described lands, of which Grantors warrant they are the owners in fee simple, situated in take County, State of North Carolina to —wit: being 45.4 acres, more or less, the same being Lots j`1,2,5 and 6 —_a_c__shn,,rn nn F, ID : f rpc-nr-ira-1 in ?no"- of Map-, 19201 _1�g"Z 161 of thi- :&key—Qf3- i3R;r�r� together with the right of unimpaired access to said pipe line and the right of ingress and egress on, over, and through Grantors' above -described land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted hereunder, with the further right to maintain said right of way herein granted clear of trees. undergrowth, and brush. Grantors covenant and agree that they will not impound water or construct buildings or structures of any type whatsoever on the above described right of way strip. This shall be a covenant running with the land and shall be binding on Grantors, their heirs and assigns. In addition to the above consideration, Grantee agrees to repair or to pay for any actual damage which may be done to growing crops, timber, fences, buildings, or other structures directly caused by Grantee exercising any rights herein granted; provided, however, after the fi: t pipe line has been installed, Grantee shall not be liable for damages caused on the right of way by keeping said right of way clear of trees, undergrowth, brush, structures, and obstructions in the exercise of its rights granted herein. Any pipe line constructed by Grantee across any portion of the above -described land which is under cultivation shall, at the time of the constuction thereof, be buried to such depth as will not interfere with Grantors' use of said land for normal cultivation required for the planting and tending of crops; except that Grantee, at its option, may construct its pipe line above the channel of any natural or man - made stream, ravine, ditch, or other watercourses As a part of the consideration hereinabove set forth, Grantors hereby grant unto said Grantee, its successors and assigns, the right at any time to construct, operate, and maintain an additional pipe line or pipe lines substantially parallel to the first pipe line constructed by Grantee on Grantors' land, above described and Grantee agrees to pay Grantors the sum of $ 1 • CI per rod for each additional pipe line constructed, said payment to be made before construction commences. Said additional pipe line or pipe lines shall be subject to the same rights, privileges. and covenants as set forth in this Right of Way Easement. This Option shall extend for a period of `) months from the date hereof, during which time Grantee may enter upon the premises for making surveys and performing work incidental thereto to locate the route of the initial pipe line to be con- structed. Grantee may exercise this Option at any time during such period by paying to Grantors the aforesaid further consider- ation of $1 . 6 C / rock., and upon making such payment this Option shall become an indefeasible right of way easement to :.,e aeld by Grantee, its successors and assigns. If Grantee fails to pay said further consideration within said 12 month period, this Option shall cease and terminate. It Is agreed that any payment hereunder may be made direct to said Grantors. or any one of them, or by depositing such payment to the credit of said Grantors, or any one of them, in the % art"%%Bank of and payment so matte shall be deemed and considered as payment to each of s d�Grariitors. , The lights 7heleinfgranted'are divisible and assdgnsble"in'whoWar In -bar t ` www R10% The terms, covenants, and provisions of this right of way easement shall extend to and be binding upon the helot, ex- x ecutors, administrators, personal representatives, successors, and assigns of the partles hereto. TO HAVE. AND TO HOLD said rights and right of way, easements, estates, and privileges unto the said Grantee, its successors and assignees, so long as said right of way and easements are used for the purposes granted herein. I/ IN WITNESS WHEREOF, the -Grantors herein have hereunto set their hands and seals this—dday of a r;< 19 personally appeared before me this day and ;cknowledged the due execution of the foregoing instrument. - Witness my hand and official seal this, the day of 19 My term of office expires on the day of Notary Public . 19 . STATE OF NORTH CAROLINA COUNTY OF INDIVIDUAL ACKNOWLEDGMENT I SS do hereby certify personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this, the day My term of office expires on the —day of 19 . PROOF BY SUBSCRIBING WITNESS STATE OF NORTH CAROLINA COUNTY OF I Wake SS 19 Notary Public i Dorothy L. Wood , of_ Wage County, state of N. C. certify that Edgar B. Henderson$ Sr personally appeared before me this day, and being duly sworn, stated that in his presence C • W. Upchurch and Mamie Beal Upchurch, husband and Ailfe, signed the foregoing instrument. r ~ ;Witness my hand sand official seal, this 4th day off _ 19-63 My term of office expires on the 2 th day of�— Notary Public r, STATE 011" NORTH.CAROLIN —WAKE Ct)UR 0 n `. . The foregoing certificate of _ _b- �� is adjudged to be correct. Let the instru ent with the certific9les, be registered. WITNESS my hand this the ---- � _ day of------------ ------------ 1` ----K— ------ ---- — 5 —=-------- Clerk Super or Coati t Rnh Tract 2A4 Auth. ? 1 3 3 SECOND ADDITIONAL LINE RECEIPT THIRD PIPELINE RECEIVED from COLONIAL PIPELINE COMPANY Five dollars and nn/100 ----------------- ($ S nn ) Dollars being full payment of the agreed right of way consideration for an additional pipeline to be laid under authority of a Right of Way Easement from __ 'Myrtle Hayes Cotten and husband, Elbert Cotten to COLONIAL PIPELINE COMPANY dated March 13 Page 61 n , of the Records of Wake which reference is hereby made. ,19 63 , and recorded in Book 1559 , at County,/Parish, State of North Carolina , to Payee(s) warrant(s) (he/she is), (they are) the owner(s) in fee simple of all or a portion of the property described in the above referenced Right of Way Easement and is/are entitled to the payment hereby acknowledged. Dated this day of/rGrJi1,aG�G , 19 �� Myrtle H. Cotten Payee Payee Payee <FUj.;.gy IAIR_l f0xv 4/741 Loc. 21G6 No. �P17/ Received of COLONIAL PIPELINE COMPANY 19 (� Gc Dollars in full payment on the agreed right of way consideration for an additional pipe to be laid under authority of a right of way grant from 224- -,,4 1 5/cys �yy. Ut' r• W Pipeline Company dated ,/L; j j 19 and of record in W County, North Carolina, to which reference is hereby made. a o— WITNESS to Colonial 3461 the receipt of which is hereby acknowledged, and the further consideration of 61, OC rier rod _Rgums. to be paid within the period hereinafter provided, Myrtle Hayes Cotten and husband, Elbert gotten. hereinafter referred to as Grantors (whether one or, more), do hereby grant and convey unto COLONIAL PIPELINE COMPANY, a Delaware corporation, Its successors and assigns, hereinafter referred to as Grantee, an easement for a pipe line right of way with the right to construct, maintain, inspect, operate, protect, replace, repair, change the size of, and remove a pipe line for the transportation of liquids and/or gases, upon and along a route to be selected by Grantee, said right of way being �' U feet in width a x�[di,gx� xxxx .' : xrr:flrir@1t1liKffi13t�9IiL�I_I#1t��OfSk13Lt'AitSied hereunder, on, over, and through the following described lands, of which Grantors warrant tney are the owners in fee simple, situated in tick l-e County, State of Nor t h Ca rl ina to —wit: Being Lot 3, Tax Lot #18, containing 10.25 _acres, more or less, out of the i. C. Hayes Estate, bounded now or L`orm.erly, on the ; est by Walker -Upchurch tiro-certy and on the South by Donald Lyon yroperty. Tax Lot 1 ii-19, Lot 4, Wake County, North Carol ins€ . together with the right of unimpaired access to said pipe line and the right of ingress and egress on, over, and through Grantors' above- described land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted hereunder, with the further right to maintain said right of way herein granted clear of trees, undergrowth, and brush. Grantors covenant and agree that they will not impound water or construct buildings or structures of any type whatsoever on the above described right of way strip. This shall be a covenant running with the land and shall be binding on Grantors, their heirs and assigns. In addition to the above consideration. Grantee agrees to repair or to pay for any actual damage which may be done to growing crops. timber, fences, buildings, or other structures directly caused by Grantee exercising any rights herein granted; provided, however, after the fi:,;t pipe line has been installed, Grantee shall not be liable for damages caused on the right of way by keeping said right of way clear of trees, undergrowth, brush, structures, and obstructions in the exercise of its rights granted herein. Any pipe line constructed by Grantee across any portion of the above -described land which is under cultivation shall, at the time of the constuction thereof, be buried to such depth as will not interfere with Grantors' use of said land for normal cultivation required for the planting and tending of crops; except that Grantee, at Its option, may construct its pipe line above the channel of any natural or man-made stream, ravine, ditch, or other watercourses As a part of the consideration hereinabove set forth, Grantors hereby grant unto said Grantee, its successors and assigns, the right at any time to construct, operate, and maintain an additional pipe line or pipe lines substantially parallel to the first pipe line constructed by Grantee on Grantors' land, above described and Grantee agrees to pay Grantors the sum of S 1' GL per rod for each additional pipe line constructed, said payment to be made before construction commences. Said additional pipe line or pipe lines shall be subject to the same rights, privileges, and covenants as set forth in this Right of Way Easement. This Option shall extend for a period of 1.2 months from the date hereof, during which time Grantee may enter upon the premises for making surveys and performing work incidental thereto to locate the route of the initial pipe line to be con- structed. Grantee may exercise this Option at any time during such period by paying to Grantors the aforesaid further consider- ation of S_l - 00.1 rnr3 , and upon making such payment this Option shall become an indefeasible right of way easement to n ,le held by Grantee, its successors and assigns. If Grantee fails to pay said further consideration within said G month period, this Option shall cease and terminate. It is agreed that any payment hereunder may be made direct to said Grantors, or any one of them, or by depositing such Mechanics & Planters Raleigh, N. C. payment to the credit of said Grantors, or any one of them, in the— —Bank of -- and payment so made shall be deemad and considered as payment to each of said Grantors. The rights herein granted are divisible and assignable in whole or in part,' TheAerms, tovenants. and provisions of this right` 61,Way easement shallextend to and be binding upon the heirs ecutors, administrators, personal representatives, successors, and assigns of the patties hereto. TO HAVE AND TO HOLD said rights and right of way. easements, estates, and privileges unto the said Graotee successors and assignees, so long as said right of way and easements are used for the purposes granted herein. IN WITNESS WHEREOF, the cantors herein have hereunto set their hands and seals this,,f'- 1 day of T 1936� personally appeared before me this day and zeknowledged the due execution of the foregoing instrument. Witness my hand and official seal this. the day of- , 19 My term of office expires on the day of STATE OF NORTH CAROLINA COUNTY OF. 19 . INDIVIDUAL ACKNOWLEDGMENT I SS do hereby certify that Notary Public personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this, the day of 19 My term of office expires on the —day of Notary Public i 19 . �X __' STATE OF NORTH CAROLINA COUNTY OF Wake PROOF BY SUBSCRIBING WITNESS I SS .1 Dorothy L. Wood , of_ Wake County, state of North Carolina certify that Edgar B. Henderson, Sr. personally appeared before me this day, and being duly sworn, stated that in his presence Myrtle Hayes Cotten and RlbArt Cotten. Wife and husband _--__ -signed the foregoing instrument. Witness`my hand tnd official seal, this 13th day of March 1963 j t, My teem of office_ expires on the 21 th day of Notary Public anitar 1st . (1965 ) is adjudged to be correct. Let the instr ment with the certificates, be r ,istered. `i'ITNESS my- hand this the----1 I_ - -day of------------=���."" `-r `---- 1 P Id W - ------ ------ - l ----- -r - -----� Clerk Superior ourt 'j P06 Tract ')P5 Auth. 71 Z 3 SECOND ADDITIONAL LINE RECEIPT nIRD PIPFLINI; RECEIVED from COLONIAL PIPELINE COMPANY Sixty five dollars and nn/lon ------------- ($ 0; S • On ) Dollars being full payment of the agreed right of way consideration for an additional i p peline to be laid under authority of a Right of Way Easement from Donald Lyons and wife, Mary Frances Lyons to COLONIAL PIPELINE COMPANY dated March 19 , 19 $;1 , and recorded in Book 15 5R , at Page 6 1 A ,of the Records of TJake Coup North Carolina ty,/Parish, State of , to which reference is hereby made. Payee(s) warrant(s) (he/she is), (they are) the owner(s) in fee simple of all or a portion of the property described in the above referenced Right of Way Easement and is/are entitled to the payment hereby acknowledged. Dated this of ZZ , 19-�—)0 WITNE} S ; r sey/m. J Donald LyonsV Payee Payee Payee `,' a g-�> •Ad762_1 (R.v V74) I 97' Loc. 806 No. 2L April 7, 1966 Received of COLONIAL PIPELINE COMPANY Sixty -Five and No/100 Dollars - - - - - - - - - _ - - - ($ 65.00 - -)-Dollars in full payment on the agreed right of way consideration for an additional pipe to be laid under authority of a right of way grant from Donald Lyons and Mary Frances Lyons, his wife, Grantors, - - - - - - - - - ----- - -- --- -- Pipeline Company dated March 12, 9 19�, and of record in County, North Carolina, to which reference is hereby made. Donald L#ons WITNESS: -_ to Colonial 1558/616 Wake ,461 the receipt of which is hereby acknowledged, and the further consideration of $1. 00 per Tod to be paid within the period hereinafter provided, Donald Lyons and Wife, Mary F an - s Lyons hereinafter referred to as Grantors (whether one or, more), do hereby grant and convey unto COLONIAL PIPELINE COMPANY, a Delaware corporation, its successors and assigns, hereinafter referred to as Grantee, an easement for a pipe line right of way with the right to construct, maintain, inspect, operate, protect, replace, repair, change the size of, and remove a pipe line for the transportation of liquids and/or gases, upon and along a route to be selected by Grantee, said right of way being SO reet in width 11182D}fi M on, over, and through the following described lands, of which Grantors warrant they are the owners in fee simple, situated in Wake County, State of North Carolina to --wit: Being L.ot 4, Tax Lot 10-19, Containing 10.0 acres, more or ?eS.S, out of the I. C. Haves Estate, bounded on the West by ilk r Upchurch Provertv and on the South by A. I. Seymour property and on the North by Mvrtle Haves Cotton property, Wake County North Carolina, together with the right of unimpaired access to said pipe line and the right of ingress and egress on, over, and through Grantors' above -described land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted hereunder, with the further right to maintain said right of way herein granted clear of trees, undergrowth, and brush. Grantors covenant and agree that they will not impound water or construct buildings or structures of any type whatsoever on the above described right of way strip. This shall be a covenant running with the land and shall be binding on Grantors, their heirs and assigns. In addition to the above consideration, Grantee agrees to repau or to pay for any actual damage which may be done to growing crops, timber, fences, buildings. or other structures directly caused by Grantee exercising any rights herein granted; provided, however, after the first pipe line has been installed, Grantee shall not be liable for damages caused on the right of way by keeping said right of way clear of trees, undergrowth, brush, structures, and obstructions in the exercise of its rights granted herein. Any pipe line constructed by Grantee across any portion of the above -described land which is under cultivation shall, at the time of the constuction thereof, be buried to such depth as will not interfere with Grantors' use of said land for normal cultivation required for the planting and tending of crops; except that Grantee, at its option, may construct Its pipe line above the channel of any natural or man-made stream, ravine, ditch, or other watercourset As a part of the consideration hereinabove set forth, Grantors hereby grant unto sald Grantee, its successors and assigns, the right at any time to construct, operate, and maintain an additional pipe line or pipe lines substantially parallel to the first pipe line constructed by Grantee on Grantors' land, above described and Grantee agrees to pay Grantors the sum of $ 1.00 per rod for each additional pipe line constructed, said payment to be made before construction commences. Said additional pipe line or pipe lines shall be subject to the some rights, privileges, and covenants as set forth in this Right of Way Easement. This Option shall extend for a period of 12 months from the date hereof, during which time Grantee may enter upon the premises for making surveys and performing work Incidental thereto to locate the route of the initial pipeline to be con- structed. Grantee may exercise this Option at any time during such period by paying to Grantors the aforesaid further consider- ation of $ --I - 0Q1 rod-, and upon making such payment this Option shall become an indefeasible right of way easement to Lie held by Grantee, its successors and assigns, If Grantee fails to pay said further consideration within said 1 2 month period, this Option shall cease and terminate. * Itliffiii edfit¢C'" li� ,fit<t. PaYmeat't Uwqedlt Ot It Ci t +il{ r ?� p ~tints pgjrtnent s& fade shall b'e`dre G anc� considered as payment to each ol said Grantors. The rights herein granted are divisible and assignable in whole or in part. The terms, covenants. and provisions of this right of way easement shall extend to and be binding upon the heirs, ex- ecutors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said rights and right of way, easements, estates, and privileges unto the said Grantee, its successors and assignees, so long as said right of way and easements are used for the purposes granted herein. rra wrr%?WC0 a,vonz+r,c ..- - - - ---'- �- - -'- - ._ �� lV/ 414 V /O din I do hereby certify that tj ' H personally appeared before me this day and acknowledged the due execution of the foregoing insomrsipia. Witness my hand and official seal this, the day of 4 m 19 P i, >ti PU My term of office expires on the day of N U) Nary Public 19 r-1 04 c) m s, f t. r Cd Cd a) 0 a +-$ >~ •H 4-) N U O ' INDIVIDUAL ACKNOWLEDGMENT > 4 STATE OF NORTH CAROLINA } SS COUNTY OF r-i I do hereby certify that co :4 personally appeared before me this day and acknowledged the due execution of the foregoing instruthent.- Witness my hand and official seal this, the day of v 19- My term of office expires on the day of Notary Public 19 . PROOF BY SUBSCRIBING WITNESS STATE OF NORTH CAROLINA COUNTY OF Wake ISS I Annie O'Neal Woodard of Wake County, state of North Carolina cord ;that_ Edgar B. Henderson Sr. , Donald Lyons and 1 �4aonally before me this day, and being duly sworn, stated that in his presence • a `�a ,--rdnces, Lyons, husband and wife v - igned the foregoing instrument. ltfitas #y"` 6d and official seal, thi-- 2Oth ,lay of March 19 83 terra of 414 expires on day the- of - rr9s Notary Public The foregoing certificate of ----- + ------- -- --__—t-�}—�—, —�r� is adjudged to be correct. Let the instr ment with the certificates, k�'1"�gfs 'i"er� WITNESS my hand this the ---- �_ day of----------- ----------- 9 -Zk of -- - - --- ----- ----- —----p-- �- -- Id Clerk Su era r Cou t P+ Filed for registration o'clock ------ / -__ day of _____, 19-6- and registered in the office of the Register of Deeds for _____(-,.. _________________ County, 0 PCN FORM ATTACHMENT B — IPaC Report kNi if °p r6 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: May 23, 2019 Consultation Code: 04EN2000-2019-SLI-0931 Event Code: 04EN2000-2019-E-02135 Project Name: CPC Line 24 Exposure Big Branch Wake Co. NC Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 etseq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 05/23/2019 Event Code: 04EN2000-2019-E-02135 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq. ), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_ guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergyo for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/mi rg atoiybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office atjohn—ellis@fws.gov. 05/23/2019 Event Code: 04EN2000-2019-E-02135 3 Attachment(s): • Official Species List 05/23/2019 Event Code: 04EN2000-2019-E-02135 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 05/23/2019 Event Code: 04EN2000-2019-E-02135 2 Project Summary Consultation Code: 04EN2000-2019-SLI-0931 Event Code: 04EN2000-2019-E-02135 Project Name: CPC Line 24 Exposure Big Branch Wake Co. NC Project Type: OIL OR GAS Project Description: Pipeline exposure maintenance Project Location: Approximate location of the project can be viewed in Google Maps: https:// www. og_ogle.com/maps/place/35.71925272503666N78.86137540230405W Counties: Wake, NC 05/23/2019 Event Code: 04EN2000-2019-E-02135 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: htti2s:Hecos.fws.2ov/ecp/species/7614 Fishes NAME STATUS Cape Fear Shiner Notropis mekistocholas Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws. og v/ecp/species/6063 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fWs.2ov/ecp/species/5217 05/23/2019 Event Code: 04EN2000-2019-E-02135 4 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S JURISDICTION. PCN FORM ATTACHMENT C — NRHP Map Site ID: WA0847 - approximately 1,135 LF Site ID: WA0844 t `t from exposure location approximately 1, 775 LF r from exposure location Site ID: WA0846 _ approximately 1,950 LF from exposure location -14 a AIR e'4 T f • l ',t' r.i •1 SiIDW ,.► d' Site :A38 4 , .'► 21 " ► ie approximately 1,750 LF A° from exposure location 1 . 7^ • A40EN . Ilk' Line _r. Line 24 Exposure Location (35.719330,-78.861470)"' . F Site ID: WA7492 a - approximately 1,735 LF 'w w from exposure location Legend► �} Exposure Location CPC Pipeline i • NC HPO Points *_ 4 � Base Map Source: ESRI Aerial Imagery 1:8,000 0 400 800 1,600 Feet Colonial Pipeline Company, SE .� Line 24 Exposure NC HPO and NRHP Map Big Branch c o r b l u Project No. 02-041901 Wake County, North Carolina ECOLOGY GROUP PCN FORM ATTACHMENT D — FEMA/FIRM Map yN a ,Vyam{ _ r Line 24 Exposure Location (35.719330,-78.861470) 4 +w - 4�"' t " ARE OFN IMAL FLOOD HAS D 1 ; ti Y4 . 4 Alk ........ rs.r rHs •.y Legend Exposure Location CPC Pipeline Flood Hazard Zones Zone Type 1 % Annual Chance Flood Hazard Regulatory Floodway - Special Floodway Area of Undetermined Flood Hazard 0.2%Annual Chance Flood Hazard Future Conditions 1%Annual Chance Flood Hazard Area with Reduced Risk Due to Levee .AA, Base Map Source: ESRI Aerial Imagery 1:5,000 0 250 500 1,000 Feet Colonial Pipeline Company, SE Line 24 Exposure FEMA/FIRM Map Big Branch c o r b I u Project No. 02-041901 Wake County, North Carolina ECOLOGY GROUP