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
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Raleigh, NC 27604
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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
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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
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Line 24 Exposure Location
(35.719330,-78.861470)
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ARE OFN IMAL FLOOD HAS D 1 ;
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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