Loading...
HomeMy WebLinkAbout20081410 Ver 2_401 Application_20091009Letter of Transmittal S&ME, Inc. *S&ME 9751 Southern Pine Blvd. Charlotte, NC 28273 (704) 523-4726 (704) 525-3953 fax N.C. Division of Water Quality 401 Wetlands Unit 2321 Crabtree Blvd. Raleigh, North Carolina 27604-2260 DATE: October 23, 2009 JOB NO: 1357-08-504 ATTENTION: Ms. Cyndi Karoly RE: Revised Application for NWP No. 12 and WQC S&ME Proposal No.: 1357-18259-07 08-I4?oVa. WE ARE SENDING YOU: ® Attached ? Under separate cover via the following items: j ? Shop drawings ? Prints ? Plans ? Draft ? Specifications ? Copy of letter ? Report ® Revised Permit Application COPIES DATE NO DESCRIPTION 5 10.23.09 1 Revised Application for NWP No. 12/WQC THESE ARE TRANSMITTED AS CHECKED BELOW: ® For approval ? For your use ? As requested ? FORBIDS DUE: ? For review and comment ? ? PRINTS RETURNED AFTER LOAN TO US REMARKS: COPY TO: File p E V, - , 0 C T 2 1 2009 DENR - WATER QUALIn MANDS AND ST6I4fYl 4n BRANCH /111' 1-1 SIGNED: V?e? /W "L? IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally privileged. The information is intended only for use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited. S&ME SFG-001 (Rev 04/04) S&ME October 23, 2009 ? - _ U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Attention: Mr. Steve Chapin N.C. Division of Water Quality 401 Wetlands Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 Attention: Ms. Cyndi Karoly p$- 14 1 0 Va. sy@ r?0 W OCT 2 7 2009 DENR - WATER QUALITY MftAICIS AND SMIRMATER BRANCH Reference: Revised Application for Nationwide Permit No. 12 and Request for Jurisdictional Determination PNG Dixie River Road System Strengthening Mecklenburg County, North Carolina S&ME Project No. 1357-08-504 USACE Action ID No. 2008-02682-360 Dear Mr. Chapin and Ms. Karoly: S&ME, Inc. (S&ME) is submitting this revised application for impacts to waters of the U.S. in accordance with Department of the Army Nationwide Permit (NWP) No. 12, along with supporting documentation for a revised verification of jurisdictional boundaries. The overall project involves the construction of approximately three miles of 10-inch diameter natural gas pipeline. During the time since the previous approval was received for this project (USACE Action ID No. 2008-02682-360), the North Carolina Turnpike Authority (NCTA) requested a revision to the alignment to accommodate a future potential toll road interchange with Interstate 485. The alignment requested by the NCTA necessitates crossing the Beaverdam Creek stream mitigation site, an Ecosystem Enhancement Program (EEP) project. Accordingly, Piedmont Natural Gas (PNG) has revised approximately 1,782 linear feet (if) of the original alignment, and has contacted EEP regarding the proposed impacts to the stream mitigation site. In correspondence dated August 11, 2009, EEP indicated that they will not issue approval for these impacts without U.S. Army Corps of Engineers (USACE) and N.C. Division of Water Quality (DWQ) approval (Appendix III - Agency Correspondence). In support of this revised NWP No. 12 application please find enclosed the following: Appendix l: Agent Authorization Form and Revised Pre-Construction Notification (PCN); Appendix 11: Figures Site Vicinity Map (Figure ])and Conservation Easement Crossing Map (Figure 2); Appendix 111: Previous Permit Approvals and Agency Correspondence; S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com Revised Nationwide Permit No. 1 2/Request for Jurisdictional Determination SWE Project No. 1357-08-504 PNG Dixie River Road System Strengthening October 23, 2009 Appendix IV: USACE Stream Quality Assessment Forms and DWQ Stream Identification Forms; Appendix V: Restoration Plan; and Check for $570 (DWQ). Copies of this PCN, along with a check for the processing fee, are being provided to DWQ for written concurrence. BACKGROUND INFORMATION As presented in the initial permit application, the proposed pipeline is needed to supply additional pressure to an area of Mecklenburg County that has experienced recent and ongoing growth. To continue providing adequate pressure to existing customers while also meeting the needs of new customers, PNG must increase supply. The project will involve the construction of approximately three miles of 10-inch diameter natural gas pipeline. The permanent easement width for the pipeline will be 50 feet. The entire easement will be maintained in uplands; across streams and in wetlands the construction and maintenance corridors will be reduced to 40 feet. The origin of the previously permitted proposed pipeline is located south of the northernmost crossing of Dixie River Road and I-485 (35.2008°N, 80.96901 °W). From there the pipeline continues south, remaining adjacent to the I-485 right-of-way until its terminus at Steele Creek Road (35.1656°N, 80.96734°W). The location of the corridor is depicted on the Site Vicinity Map (Appendix II - Figure 1). On September 10, 2008, the NCTA requested that PNG revise the proposed alignment to be outside of the future proposed East-West Connector Toll Road easement. To accommodate this request, PNG shifted the alignment from the original location, which was adjacent to the I-485 easement, west approximately 100 feet to be outside of and adjacent to the future proposed NCTA easement for the toll road. As a result, the proposed realignment will cross the EEP Beaverdam Creek conservation easement (Appendix II - Figure 2). The EEP has expressed that permission to cross the conservation easement is contingent on receipt of amended Section 404/401 permits. Copies of the request for realignment and associated correspondence are included in Appendix 111. The realignment is approximately 0.62 mile south of Garrison Road and comprises approximately 1,782 If The re-alignment diverges from the original proposed pipeline corridor at 35.1819°N, 80.9700 °W, and shifts approximately 100 feet west to accommodate the proposed turnpike comdor. The re-alignment continues south, paralleling the original proposed pipeline corridor, and then converges with the original proposed pipeline corridor at 35.1774°N, 80.9699 °W. The location and details of the pipeline re-alignment are depicted on the Conservation Easement Crossing Map (Appendix II - Figure 2). The permitted project involves temporary and limited permanent impacts to waters of the U.S. Impacts to waters of the U.S. are limited to seven stream crossings and three wetland crossings. The proposed re-alignment has eliminated impacts associated with Wetland C from the original pipeline corridor, reducing overall wetland impacts. Revised Nationwide Permit No.12/Request for Jurisdictional Determination SWE Project No. 1357-08-504 PNG Dixie River Road System Strengthening October 23. 2009 Permanent project-wide wetland impacts resulting from permanent conversion of scrub/shrub and forested wetland to emergent are reduced from the originally permitted 0.053 acre to 0.043 acre. Permanent, project-wide impacts to jurisdictional tributaries (perennial and intermittent RPW) are reduced from the originally permitted 145 linear feet (11) to 85 if for permanent placement of rip rap. Temporary impacts to jurisdictional stream channel will increase from the original permitted 135 if to 160 If. FIELD OBSERVATIONS During May 2008 and January 2009, S&ME wetland professionals visited the project corridor and conducted a jurisdictional delineation to determine the location of waters of the U.S. For wetlands, the delineations were conducted utilizing currently accepted methods as set forth in the 1987 Corps of Engineers Wetlands Delineation Manual. Stream assessments were conducted in accordance with DWQ and USACE guidelines. Field review associated with the proposed re-alignment consisted of extending existing delineations of two streams, Stream 4 and Stream 5, to the new extent of the re-alignment corridor. No wetlands were identified within the re-alignment corridor. Because Streams 4 and 5 were previously verified by Alan Johnson of DWQ on June 12, 2008, and the new alignment crosses downstream of the original alignment, new USACE Stream Quality Forms and DWQ Stream Identification Forms were not filled out for the aforementioned delineation extensions. Copies of the original forms are included with this submittal as Appendix N. Table 1: Wetlands within Project Corridor' Wetland ID Area within Project Corridor Wetland Type Lat/Lon Acre A 0.019 Forested and 35.1965°N 80 9695°W scrub/shrub , . B 0.024 Emergent and Scrub- 35.1922°N 80 9714°W shrub , . C Avoided through re-alignment Forested and Emergent 35.1815°N, 80.97°W Area caicuiarea Dasea on a project corndor width of 50 feet. Table 2: Streams within Pro'ect Corridor' Stream ID Length within Project Corridor (I9 Stream Type Lat/Lon 1 50 Perennial 35.1963°N, 80.9695°W 2 50 Perennial 35.1923°N, 80.9715°W 3 53 Intermittent/ Seasonal RPW 35.1831-N, 80.9705°W 4 56 Perennial 35.1815°N, 80.9704°W 5 51 Perennial 35.1807°N, 80.9704°W 6 50 Perennial 35.1754°N, 80.9703°W 7 50 Perennial 35.1684°N, 80.9687°W Length based on a protect corridor width of 50 feet. The re-alignment study corridor generally comprises a mix of wooded areas and newly restored floodplain habitat dominated by native herbaceous species. Revised Nationwide Permit No. 1 2/Request for Jurisdictional Determination SWE Project No. 1357-08-504 PNG Dixie River Road System Strengthening October 23, 2009 PROPOSED PROJECT IMPACTS A 50-foot wide cleared easement will be utilized for construction and permanent maintenance of the pipeline in upland areas. In jurisdictional waters of the U.S., the construction corridor will not exceed 40 feet. The permanently maintained corridor will be 40 feet at stream crossings. Approximately original profiles, contour, and grade will be established within the channel and along the banks of streams on completion of pipeline installation. The previously permitted project corridor impacted three wetland areas and seven jurisdictional streams. The re-alignment will reduce overall wetland impacts through avoidance of Wetland C. To accommodate the NCTA request, impacts to Stream 4 and Stream 5 have shifted approximately 100 feet west of the original impact area and into the EEP Beaverdam Creek stream mitigation site. The new alignment will involve permanent impacts resulting from rip rap placement at Streams 1, 2, and 7. Rip rap will also be used at Stream 6, but this channel is currently rip rapped from top-of-bank to top-of-bank and has not been included in impact calculations for the current project. The remaining streams (3, 4, and 5) will not require rip rap for stabilization and will not be permanently impacted. The pipeline will be installed using the open-cut method. This will involve digging a trench that will be an average of five feet wide for most of the corridor length, but may increase to 20 feet before road crossings. Joints of the pipeline will then be welded and the pipe will be lowered into the trench. Excavated areas in streams and wetlands will be backfilled and returned to near pre-construction contours. PROTECTED SPECIES AND CULTURAL RESOURCES Protected Species S&ME forwarded scoping letters to the North Carolina Natural Heritage Program (NCNHP) and the U.S. Fish & Wildlife Service (USFWS) on June 12, 2008. The scoping letters included a description of the proposed work, figures detailing the location of the project corridor, and a request for comments regarding concerns that the respective agencies may have. On June 18, 2008, the NCNHP responded stating that their records indicated the presence of a North Carolina Ecosystem Enhancement Program (EEP) easement along an unnamed tributary west of the project corridor and south of Garrison Road (See Appendix III). The NCNHP emphasized this easement is for water quality, and that sediment from construction would likely enter the tributary. PNG has agreed to strict sediment and erosion control measures which will be implemented prior to pipeline construction and will be maintained until disturbed areas have been stabilized to prevent sediment from entering the tributary. In a July 10, 2008 letter, the USFWS stated that the requirements under Section 7 of the Endangered Species Act have been fulfilled (Appendix IlI). S&ME's review of potential protected terrestrial species habitat entailed a literature review of existing records obtained from federal and state sources to identify documented records of protected species. The USFWS list of federally protected species (updated May 10, 2007) and the NCNHP Element Occurrence (EO) Database were consulted for a listing of protected species documented within Mecklenburg County, North Carolina. This review identified three protected plant species and one animal. Listed fauna and 4 Revised Nationwide Permit No. 1 2/Request for Jurisdictional Determination SWE Project No. 1357-08-504 PNG Dixie River Road System strengthening October 23 2009 flora and their federal status are identified in Table 3. Explanations of rankings are included at the end of the table. Table 3: Protected Flora and Farina Riimmar%i Species Federal Rank' County Status Habitat Present Helianthus schweinitzii Schweinitz's sunflower E Current No Lasmigona decorata Carolina heelsplitter E Historical No- Echinacea laevigata Smooth coneflower E Current No Rhus michauxii Michaux's sumac •T E Historical No • - -I.- • L - L.IIV OIII,GICu - A habitat assessment was not performed for this aquatic species. Project does not impact designated Critical Habitat for this species. As part of the literature review, S&ME also consulted the NCNHP GIS database and Virtual Workroom for a listing of occurrences of endangered or threatened species within or near the project corridor. This review identified 10 EOs, none of which are federally protected species. In June 2009, S&ME personnel conducted a field review of the realignment corridor. The field review entailed a pedestrian survey of appropriate habitat to verify the presence or absence of protected species. During field reconnaissance, S&ME personnel integrated the information obtained from supporting documentation with field evaluation for the presence of protected terrestrial species or their potential habitat. Portions of the study corridor that matched descriptions of the preferred habitat for species listed in Table 3 were classified as potential habitat for protected terrestrial species. Field review of the realignment corridor revealed a highly disturbed area as a result of stream restoration efforts within the EEP conservation easement. Currently, the realignment corridor is comprised largely of herbaceous species and planted woody vegetation associated with the stream restoration. Based on the level of recent disturbance and the stream restoration, the realignment corridor was not considered to provide potential habitat for protected terrestrial species with a likelihood of occurring in Mecklenburg County. The proposed project crosses unnamed tributaries of Beaverdam Creek, which drains directly into Lake Wylie. Consequently, the proposed pipeline will not impact streams that drain to known populations of Carolina heelsplitter or its designated Critical Habitat. No documented occurrences of Carolina heelsplitter are known for Beaverdam Creek or its tributaries. Accordingly, the proposed project is not anticipated to impact this species or its designated Critical Habitat. 5 Revised Nationwide Permit No.12/Request for Jurisdictional Determination SWE Project No. 1357-08-504 PNG Dixie River Road System Strengthening October 23 2009 Cultural Resources S&ME provided a scoping letter to the North Carolina State Historic Preservation Office (SHPO) on June 12, 2008. SHPO responded with a July 21, 2008 letter stating that they were aware of no historic resources which would be affected by the project. A copy of the SHPO letter is included in Appendix 111. AVOIDANCE AND MINIMIZATION PNG has designed the proposed pipeline re-alignment to avoid and minimize impacts to waters of the U.S. to the extent practical. Clearing will be necessary along the project corridor; however, it will not result in an easement width of greater than 50 feet in uplands, or 40 feet within wetlands. Stream crossings were designed to limit impacts by crossing at a near perpendicular angle. Wetland C will be avoided (0.013 acre) as a result of the re-alignment. The proposed project was initially routed to parallel the NCDOT right-of-way for I-485 to the extent practical to minimize impacts to private property owners while also minimizing "edge effect" in sensitive wetland areas. Because the proposed pipeline is a distribution line, it must be afforded a level of protection within a dedicated easement that is not available within the existing maintained NCDOT right-of-way. The re- alignment continues to parallel the future proposed NCTA easement with similar objectives. REGULATORY CONSIDERATIONS As outlined in the initial permit submittal, the combined width of the temporary construction corridor and the permanent easement will not exceed 40 feet in wetlands and at stream crossings. Permanent impacts associated with stream crossings will be limited to placement of riprap at those crossings that are immediately downstream of and adjacent to the I-485 easement, where evidence of high velocity flows was observed. Following construction, stream crossings 4 and 5 will be restored to near original grade and elevation. The proposed project should not result in permanent changes in pre- construction elevation contours or stream dimension, pattern or profile. Excess material will be removed to a high ground disposal area. Cleared areas will be restored with native vegetation in accordance with the attached Restoration Plan (Appendix V) within 30 working days of initial land disturbance. Sediment and erosion control Best Management Practices (BMPs) will be employed in order to comply with the appropriate turbidity \vater quality standard. These BMPs shall be consistent with specifications governing their proper design, installation, operation and maintenance, as outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" and approved by the local governing authority. Sediment and erosion control measures placed in waters will be removed and the original grade restored within two months after the Di\ ision of Land Resources has released the project. Impacts have been avoided and minimized, and appropriate measures will be taken during construction to allow flow and circulation patterns of waters of the U.S. to remain unaffected. Revised Nationwide Permit No.12/Request for Jurisdictional Determination SWE Project No. 1357-08-504 PNG Dixie River Road System Strengtheninq October 23 2009 Permanent impacts associated with this project are below the thresholds for NWP No. 12. Accordingly, this PCN for NWP No. 12 is being submitted to the USACE for approval. MITIGATION Based on conversations with the USACE for similar projects, we anticipate that appropriate mitigation for the proposed project can be satisfied by the avoidance and minimization procedures implemented during the design phase of the proposed project. Impacts to streams and wetlands within the project corridor will be minimized by use of the existing, maintained easement to the extent practicable, and by reducing both the temporary construction and permanent maintained corridor widths. A majority of impacts resulting from the proposed project are temporary. Original grades and contours will be restored at stream crossings 4 and 5. To restore the corridor at stream crossings, PNG will use a native seed mix, which will be distributed with placeholder species to provide soil stabilization until the permanent seeding germinates and becomes established. This seed mix will be comprised of native species (with the exception of the placeholder species, which will consist of annual species to reduce competition with the native seeds). The restoration plan submitted with this PCN revision outlines the seed mix and application methods (Appendix V). CLOSING By copy of this correspondence and revised PCN, we are requesting your written concurrence with this NWT No. 12 permit application. If we can provide additional information, please feel free to contact us at 704.523.4726. Sincerely, S&ME CAP-tom,--c. 1q. L k Catherine M. Luckenbaugh, C. Natural Resources Proj ect 1\1 anager Michael Wolfe Natural Resources Department Manager V)?? Senior Review by M. Neal McElveen, P.E. Attachments cc: Ms. Mara Sikora, PNG CMUCJF/ EMW/cml S:\1357',PROJECTS\2008\1357-08-504\PCN Modification\NWP12Letter Dixie realignment AGENT AUTHORIZATION FORM AND REVISED PRE-CONSTRUCTION NOTIFICATION AGENT AUTHORIZATION FORM - S&ME Date: 5/27/08 Project Information S&ME Project Name: PNG Dixie River Road Pipeline Type of Project: Jurisdictional Delineation, Nationwide Permitting Location: Mecklenburg County, North Carolina Property Owner/Representative Information Business Name: Mailing Address: City, State, Zip Code Telephone No. Contact: Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, NC 28210 (704) 731-4375 Ms. Mara Sikora, P.E. Agent Information Business Name: Street Address: City, State, Zip Code Telephone No. Contact: S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, N.C. 28273 704.523.4726 Catherine Luckenbaugh Authorization: I M010 sue- on behalf of (Contact Signature) i?OJO?QrA?T R)AT --A - CT hereby authorize (Name of Landowner Project Sponsor) S&ME, Inc. to act as agent for the above-mentioned project. fio O w a F9il ? i O Iii? T 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 Vh _ PAID 1. Processing 1 a. Type(s) of approval sought from the Corps: E Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: Nationwide Permit 12 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? = N:Y:es ? 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 For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ?Yes ENo ? Yes • No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ? Yes • No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h ? Yes •No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes No 2. Project Information 2a. Name of project: PNG Dixie River Road System Strengthening 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state N/A project no: ° LEd?MC Dui a r T 2 7 ZQn9 DENR - WATER QUALITY 119If;TMIM AND STORKNATER BRANCH Page 1 of 12 PCN Form - Version 1 3 December 10, 2008 Version 3. Owner Information 3a. Name(s) on Recorded Deed: Linear Corridor Project, multiple owners 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: N/A 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent 0 Other, specify: Property Easement Owner 4b. Name: Mara Sikora, P.E. 4c. Business name (if applicable): Piedmont Natural Gas 4d. Street address: 4720 Piedmont Row Drive 4e. City, state, zip: Charlotte, N.C. 28210 4f. Telephone no.: 704-731-4375 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Catherine Luckenbaugh, C.E. 5b. Business name (if applicable): S&ME, Inc. 5c. Street address: 9751 Southern Pine Boulevard 5d. City, state, zip: Charlotte, N.C. 28273 5e. Telephone no.: 704-523-4726 5f. Fax no.: 704-565-4929 5g. Email address: cluckenbaugh(@smeinc.com Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification 14113122 19959109 14113301 19924126 14113119 14117119 1a. Property identification no. (tax PIN or parcel ID): 14118153 14117112 14118164 14118141 14117122 Origin Latitude: 35.2008 Longitude: - 80.96901 1 b. Site coordinates (in decimal degrees): Terminus Latitude: 35.1656 Longitude: - 80.96734 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 16 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Beaverdam Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Beaverdam Creek: Class C 2c. River basin: Catawba 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: The project corridor and surrounding areas are comprised of maintained road rights-of-way, wooded uplands and riparian corridors, and scrub/shrub areas. The re-aligned portion of the pipeline crossed wooded uplands, a wooded riparian corridor, and an herbaceous riparian corridor. 3b. List the total estimated acreage of all existing wetlands on the property: 0.043 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 350 3d. Explain the purpose of the proposed project: The proposed pipeline will increase natural gas capacity to existing customers and provide service to new residential developments in the service area. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project invovles the construction of approximately three miles of natural gas pipeline on new location. A re-alignment from the originally-permitted application shifts impacts downstream on two stream channels. One of these is part of the Ecosystem Enhancement Program Beaverdam Creek stream mitigation site. In upalnds the contruction corridor will be limited to 50 feet, and it will be narrowed to a maximum of 40 feet at stream and wetland crossings. Joints of the pipeline will be welded, the pipe will be lowered into a trench and the trench will be backfilled. Equipment to be used on the job includes trackhoes, dozers, trucks, sidebooms, welding rigs and boring machines. Page 3 of 12 PCN Form -Version 1.3 December 10, 2008 Version Project Information and Prior Project History 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property ! • Yes ? No ?Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary • Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&ME, Inc. Name (if known): Joe Lawler, PWS Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. October 1, 2008 (Appendix 111) 5. Project History 5a. Have permits or certifications been requested or obtained for • Yes ?No ?Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. USACE Action ID: SAW-2008-02682-360, application submitted September 5, 2008, permit issued October 1, 2008. DWQ Project No.: 08-1410, application submitted September 5, 2008, certification approved September 23, 2008. See Appendix III for copies of previous permit approvals. Current application is a revision to accommodate a small alignment change requested by the North Carolina Turnpike Authority. 6. Future Project Plans 6a. Is this a phased project? ? Yes • No 6b. If yes, explain. Page 4 of 12 C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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(A) El P ? T Conversion •Yes ¦ Corps 0.019 ? No ¦ DWQ W2(B) ? P ? T Conversion • Yes • Corps 0.024 ? No ¦ DWQ 2g. Total wetland impacts 0.043 2h. Comments: Proposed wetland impacts for the overall project include temporary placement of fill and permanent conversion in two wetland areas (reduced from three, previously). Jurisdictional areas impacted by construction of the proposed project will be restored to original grades and contours upon completion of the project. 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 trenching and UT Beaverdam ¦ PER • Corps 5 to 6 30 riprap Creek ? INT ¦ DWQ ¦ S2 P T trenching and UT Beaverdam ¦ PER ¦ Corps 5 30 riprap Creek ? INT ¦ DWQ S3 ? P ¦ T trenching UT Beaverdam ? PER ¦ Corps 3 40 Creek ¦INT • DWQ S4 ? P • T trenching UT Beaverdam ¦ PER • Corps 4 to 5 40 Creek ? INT ¦ DWQ S5 ? P • T trenching UT Beaverdam ¦ PER • Corps 6 40 Creek ? INT ¦ DWQ S6 ? P ¦ T trenching UT Beaverdam Creek • PER • Corps 4 to 6 40 Page 5of12 PCN Form - Version 1.3 December 10, 2008 Version ? INT • DWQ S7 • P ? T riprap UT Beaverdam ¦ PER • Corps 4 25 Creek ? INT ¦ DWQ 3h. Total stream and tributary impacts 245(85 perm) 3i. Comments: Proposed impacts associated with the re-aligned stream crossings will include 40 feet of temporary impacts associated with clearing and pipeline installation. Jurisdictional areas impacted by construction of the proposed project will be restored to original grades and contours upon completion of the project. Three of the seven jurisdictional streams will be permanently impacted by the placement of riprap at a width not to exceed 30 feet. One additional stream, Stream 3, is intermittent and will not require riprap for stabilization. Another stream (Stream 6) has previously been filled with riprap due to projects previously completed by others. Streams 4 and 5 have been recently restored by the N.C. Ecosystem Enhancement Program and will not require riprap for stabilization. Accordingly, these streams (3, 4, 5, and 6) will be only temporarily impacted during construction. 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 individual) 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: N/A - no open water impacts. 5. Pond or Lake Construction If and 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: N/A - no pond or lake construction. 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: Page 6 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. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Avoidance and minimization measures include routing the pipeline to maximize the proximity to existing road and powerline rights-of-way. A majority of impacts to wetlands and streams will be temporary, and original grades and contours will be restored upon completion of construction. Riprap will be used at stream crossings 1, 2, 6, and 7 where it is considered necessary and will be restricted to the area below ordinary high water mark. Stream 6 is currently fully rip rapped from top-of-bank to top-of-bank as a result of a project completed by others. Rip rap will not be used at Streams 3, 4 and 5; impacts at these crossings will be temporary. Boring was considered for the proposed stream crossings; however, the steep topography in the vicinity of Streams 4 and 5 does not allow for boring. 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 ? Payment 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): N/A square feet 4e. Riparian wetland mitigation requested: NIA acres 4f. Non-riparian wetland mitigation requested: N/A acres 4g. Coastal (tidal) wetland mitigation requested: N/A 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 buffer mitigation? ? Yes No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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: N/A - no buffer impacts. 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 Y • ? es 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: The proposed pipeline does not result in an increase of impervious surface. 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 ? DWO 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? 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 (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 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 Pagel 0 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)? 1c. 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 letter.) ? Yes ? No 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): 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. 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 El No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. E:1 Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Natural Heritage Virtual Workroom, U.S. Fish and Wildlife Service (USFWS) North Carolina County Species List, Scoping letters to NC Natural Heritage Program (NCNHP) and to USFWS. 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? Natural Heritage Virtual Workroom, USFWS North Carolina County Species List, Scoping letters to NCNHP and to USFWS. 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? Scoping letter to the North Carolina State Historic Preservation Office. 8. 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: no changes in grade or contour will be made and no impervious surfaces are proposed as part of the project. 8c. What source(s) did you use to make the floodplain determination? FEMA flood maps Catherine Luckenbaugh ` Applicant/tlpxs Printed Name Applicanb?s Signaturd-J Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 12 of 12 Belmont ``?? Catawba River Project Origin to/Douglas South?Fork Catawba River L-- Figure 2 Extents 73. Project Terminus ' Shopton Rd j U Lake Wylie ; y 160 Rerouted Pipeline Alignment Approximate Pipeline Alignment L REFERENCE: THE ABOVE INFORMATION WAS OBTAINED FROM THE ESRI STREETMAP USA DATASET (2000). PLEASE NOTE l! {F THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER Q Q, rj j 111.5 USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY S&ME, INC. ASSUMES NO RESPONSIBILITY FOR t ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Miles ;ALE: AS SHOWN _ y FIGURE SITE VICINITY MAP NO. RTE: 05-16-08 S&ME PNG Dixie River Road 2AWN BY: DDH DH System Strengthening Mecklenburg County, North Carolina IECKED BY: LJB PROJECT NO: 1357-08-504 N • I ♦ Wetland C • Wetland Area 0.024 acre ♦ 1 ~� Avoided Impacts 0.013 acre ♦ 1 ♦ 1 ♦ 1 ♦ I r r r � r I r r 0.145 acre of proposed r pipeline corridor within r conservation easement r i r r 1 r 1 r r 1 r 1 r � r , r • I r I r r � r i Rerouted Pipeline Alignment Original Project Corridor Proposed Pipeline Corridor Original Pipeline Alignment Streams Wetland Proposed Turpike Right -of -Way EEP Conservation Easement Parcels 0 REFERENCE: 2007 AERIAL PHOTGRAPH PIPELINE ROUTES, CORRIDORS, AND DELINEATION BOUNDARIES WERE OBTAINED FROM REGIONAL LAND SURVEYORS (RLS) INC. CONSERVATION EASEMENT BOUNDARY WAS OBTAINED FROM MECKLENBURG COUNTY REAL ESTATE SERVICES DEPARTMENT PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR 0 50 100 150 DESIGN, LEGAL, OR ANY OTHER USES THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION Feet SCALE: 1„ = 100, CONSERVATION EASEMENT FIGURE DATE: 4-17.2009 S&ME CROSSING NO PNG Dixie River Road DRAWN BY DDH System Strengthening 'HECKED BY: CML WWW.SMEINC.COM Mecklenburg County, NC PROJECT "O: 1357-08-504 50'+ r i r I r • i r ' r r i I . I ` � I r r � 0 REFERENCE: 2007 AERIAL PHOTGRAPH PIPELINE ROUTES, CORRIDORS, AND DELINEATION BOUNDARIES WERE OBTAINED FROM REGIONAL LAND SURVEYORS (RLS) INC. CONSERVATION EASEMENT BOUNDARY WAS OBTAINED FROM MECKLENBURG COUNTY REAL ESTATE SERVICES DEPARTMENT PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR 0 50 100 150 DESIGN, LEGAL, OR ANY OTHER USES THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION Feet SCALE: 1„ = 100, CONSERVATION EASEMENT FIGURE DATE: 4-17.2009 S&ME CROSSING NO PNG Dixie River Road DRAWN BY DDH System Strengthening 'HECKED BY: CML WWW.SMEINC.COM Mecklenburg County, NC PROJECT "O: 1357-08-504 PREVIOUS PERMIT APPROVALS AND AGENCY CORRESPONDENCE U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2008-02682-360 County: Mecklenburg USGS Quad: Charlotte West GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Piedmont Natural Gas, Attn: Mara Sikora Address: 4720 Piedmont Row Dr. Charlotte, NC 28210 Telephone No.: Size and location of property (water body, road name/number, town, etc.): PNG Dixie River Road System Strengthening proiect located on the west side of I-485 from Dixie River Road south to Steele Creek Road. Description of projects area and activity: This permit authorizes the construction of 14,130 LF of gas pipeline for the Purpose of serving new residential development in the area. The project will include 7 subaqueous crossings of UT's-Beaverdam Creek and conversion of 0.053 acre of forested and scrub shrub to herbaceous wetlands. There will be 145 LF of permanent stream channel impacts as a result of depositing riprap on stream banks (see special condition). SPECIAL CONDITION: No riprap shall be permanently Placed in stream beds. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 12 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remiain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Chapin at 828-271-7980. Corps Regulatory Official Steve Chapin Date: October 1, 2008 Expiration Date of Verification: October 1, 2010 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.anny.miUWETLANDS/index.htmi to complete the survey online. Determination of Jurisdiction: A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The stream channels within the project area are unnamed tributaries to Beaverdam Creek which flow into the Catawba River and ultimately flows to the Atlantic Ocean through the Beaverdam Creek>Catawba River system which is a Section 10 navigable-in-fact waterway at Lake Wylie. Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above). Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Steve Chapin, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Steve Chapin Issue Date: October 1, 2008 Expiration Date: Five years from Issue Date Copy Furnished: S&NIE, Inc. (Catherine Luckenbaugh), 9751 Southern Pine Blvd., Charlotte, NC 28273 O?O? W A 7- co r_ bLua, Oji ? Michael F Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 23, 2008 DWQ# 08-1410 Mecklenburg County Mara Sikora Piedmont Natural Gas 4720 Piedmont Row Dr. Charlotte, NC 28210 Subject: Natural Gas Line APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Ms. Sikora: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.053 acre of wetland and 280 linear feet (If) (145 permanent) of unnamed stream to Beaver Dam Creek in order to construct the gas line in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on September 17, 2008. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3699, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. Mailing Address Phone (704) 663-1699 Location 0- 610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 No?turallina Mooresville, NC 28115 Mooresville, North Carolina Internet: AwA.nc",aterqualitV.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 2. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored). Installed riprap shall be embedded in the channel. 3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities. 4. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by the DWQ. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Photos shall be submitted of the completed impacts. 8. Continuing Compliance. The applicant (Peidmont Natural Gas) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, IL for Coleen H. Sullins Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Central Files File Copy Catherine Luckenbaugh, S&ME r.- ,440sp c>r?ac.rtnt? August 11, 2009 Catherine M. Luckenbaugh, C.E. Natural Resources Project Manager,S&ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273-5560 Subject: PNG Dixie River Road Pipeline EEP Beaverdam Creek Stream Mitigation EEPID 92217, SPO 60-AAAR Right-of-way across state conservation easement Dear Ms. Luckenbaugh; On July 27, 2009, the Ecosystem Enhancement Program (EEP) received a letter dated July 14, 2009 requesting approval to allow Piedmont Natural Gas (PNG) to install a pipeline across a section of the program's stream restoration project along Beaverdam Creek in Mecklenburg County. The Beaverdam Creek project provides compensatory mitigation for impacts within the Catawba Basin in cataloging unit 03050101 in the amount of 12,427 feet of stream restoration, 567 feet of enhancement 1, and 2,603 feet of stream preservation. Four alternative trajectories for the pipeline were described in the letter. The PNG preferred alternative was to place the pipeline within the current pipeline right-of-way along the I-495 corridor. This alternative does not require a path across the restoration site. The information package included a letter from the N.C. Turnpike Authority requesting that the pipeline right-of- way be moved to a location just outside the proposed new turnpike right-of-way. Our preference is that any alternative avoid impacts to this mitigation site because it is a regulated aquatic resource. However, in the event that the U.S. Army Corps of Engineers and the N.C. Division of Water Quality permits this activity, EEP will request that the Department of Administration draft appropriate agreements with PNG that allow this activity to occur. Damages to our site require reimbursement in two forms. The first applies to the replacement value of the impact and administrative processing. The impact to our property will require us to rebuild approximately 100 linear feet of stream elsewhere in the watershed at a cost of $34,400. There are also administrative costs of $1500. The total direct cost will be $35,900. A second cost may be required by the regulators in regard to compensatory mitigation due to impacts to our aquatic resource. If this occurs, we will assist you in providing that mitigation through our in-lieu program if so desired. &_ Brio- f a - u L t S':f _ NCDENR Borth Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, N( 27699-1652 f 919-715-0176 / hwo.n(eep.net Ms. Luckenbaugh August 11, 2009 Page two Please call Stephanie Horton (919) 715-1263 of my staff if you would like to discuss this matter further. Sincerely, William D. Gilmore, PE Director NCDENR Ecosystem Enhancement Program Attachments: Letter from S&ME Alternatives Analysis Map of Conservation Easement Crossing Letter from Turnpike Authority cc: David Knight, Assistant Secretary for Natural Resources Scott McLendon, Assistant Chief, USACE Regulatory Division Matt Matthews, Section Chief, Division of Water Quality Mell Nevils, Section Chief, NCDENR Division of Land Quality Steve DeWitt, N.C. Turnpike Authority Jennifer Harris, N.C. Turnpike Authority Ann Matthews, Assistant Attorney General Blane Rice, State Property Office EEP Manager Guy Pearce, EEP Full Delivery Supervisor Stephanie Horton, EEP Land Protection Supervisor Beth Harmon, EEP DOT Liaison S&ME Celebrating 35 Years 1973.20Q8 July 14, 2009 North Carolina Ecosystem Enhancement Program 1652 Mail Service Center ?U(2 ? D Raleigh, North Carolina 27699-1652 EH 2p09 Nq& Co. Attention: Ms. Stephanie Horton, Land Protection Supervisor Hr44f Reference: Response to Request for Additional Information PNG Dixie River Road Pipeline - EEP Beaverdam Creek Stream Mitigation Mecklenburg County, North Carolina S&ME Project No. 1357-08-504 EEPID 92217, SPO 60-AAAR Dear Ms. Horton: On behalf of Piedmont Natural Gas (PNG), S&ME is requesting approval to install a pipeline across an upstream section of the Ecosystem Enhancement Program (EEP) Beaverdam Creek stream mitigation site. This letter serves as our response to your request for additional information, as presented in an April 29, 2009 email correspondence from you to our Catherine Luckenbaugh. Accordingly, we are providing pertinent background information on the project, a review of the alternatives analysis, and discussion of the proposed project impacts. BACKGROUND INFORMATION PNG has proposed the Dixie River System Strengthening project to increase supply in the service area. This project is considered necessary to continue providing adequate pressure to existing customers while also meeting the needs of new, customers. The project involves the construction of approximately three miles of 12-inch diameter high pressure natural gas pipeline. PNG plans to construct the new pipeline to bring high pressure natural gas (800 pounds per square inch (psi]) from an existing 16-inch line at the northern crossing of Dixie River Road, just west of the crossing with Interstate 485 (1-485), to tie into a proposed l 2-inch distribution main and regulator station at the southern crossing of Dixie River Road and 1-485. This pipeline would deliver necessary natural gas supply to southwestern Mecklenburg County to address ongoing low pressure issues in this area. PNG will also build a regulator station at the southern end of the proposed project to reduce the pressure from 800 psi to 60 psi, which is standard pressure for distribution to customers. SWE, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 / 704.525.3953 / www.smeinc.com Response to Request for Additional Information S&ME Project No. 1357-08-504 PNG Dixie River Road Pipeline July 14, 2009 ALTERNATIVES ANALYSIS With respect to the need for the project, PNG considered several alternatives, as discussed below: Alternative I - No-Build Alternative 1 (No-Build) would result in continued low pressure in the service area. Low pressure is particularly a problem in the winter months when demand for natural gas is higher. Increased demand on a system that has already experienced low pressure during peak demand times could ultimately result in insufficient pressure to operate heating systems and appliances that rely on natural gas. Because of its adverse consequences, Alternative l was eliminated from further consideration. Alternative 2 - Original alignment adjacent to Interstate 485 right-of-way This alternative, which involves paralleling the existing right-of-way along Interstate 485, was the initial proposal. Alternative 2 was initially chosen because it was the shortest route between the target source for natural gas and the delivery point. Additionally, this alternative would limit clearing of vegetation by placing the alignment adjacent to existing, maintained North Carolina Department of Transportation (NCDOT) easement. This alternative would not involve impacts to the EEP Beaverdam Creek stream mitigation project. However, upon receipt of notification of the project, the North Carolina Turnpike Authority (NCTA) requested that the alignment be shifted outside of 1 what is a potential future toll road corridor. To accommodate this significant request, ? Alternative 2 was eliminated from consideration. i i Alternative 3 - Adjacent to the future NCTA right-of-way limits with a directional bore of EEP Beaverdam Creek mitigation site This alternative was developed after the request to re-locate the initial alignment was received from the NCTA. In response to the NCTA request, PNG proposed to re-align a section of the pipeline to be parallel and adjacent to the future NCTA construction limits, which involved a slight downstream shift into the uppermost reach of the EEP Beaverdam Creek mitigation site. Because the EEP site extends for several hundred feet downstream, approaching the confluence with Lake Wylie, shifting the alignment further downstream was not feasible. Additionally, PNG proposed to directionally bore the EEP Beaverdam Creek mitigation site; however, during a site visit to review the feasibility of this approach, it was determined that topography in the area is too steep to meet the required radius for a bore. Accordingly, Alternative 3 was eliminated from further consideration. Alternative 4 (Preferred Alternative) - Adjacent to the future NCTA right-of-way limits with an open-cut crossing of EEP Beaverdam Creek mitigation site After rejecting the directional bore of Alternative 3 as impracticable, PNG considered following the same alignment as Alternative 3, but utilizing an open-cut for the stream crossing. As described in the following Description of the Proposed Impact section of this document, the pipeline would be installed by digging a trench along the proposed 2 Response to Request for Additional Information SWE Project No. 1357-08-504 PNG Dixie River Road Pipeline July 14, 2009 alignment. In general, the trench is expected to be approximately three feet wide at the deepest point, and approximately ten feet wide at the surface. These dimensions are dictated by the size of the pipe and safe trenching practices, which require gradual side slopes to maintain safe working conditions in the trench. An additional 10 feet of the stream bed would be disturbed to provide for equipment passage to facilitate construction. To maintain flows in the stream during construction, a bypass pump and hoses would be used to move water from upstream of the construction area to downstream. Additionally, strict erosion and sedimentation control measures would be utilized during construction to minimize turbidity or other disturbance to the stream. This approach (Alternative 4) has been selected as the preferred alternative. Alternative 5 - Move alignment to eastern side of Interstate 485 (1-485) This alternative would avoid impacts to the restored portion of Beaverdam Creek by re- locating the alignment to the eastern side of 1-485. Constructing this alignment, while still connecting the necessary segments of existing pipe, involves two horizontal direction drills beneath I-485. This alternative was rejected because the cost associated with the addition of these two drills, i.e., the additional pipe material and labor involved in the directional drill, is prohibitively high. Rough estimates indicate that this alternative would cost approximately four times that of the preferred alternative. Furthermore, approximately one acre of forested area would need to be cleared (one-half acre at each bore) to accommodate temporary easement to assemble pipe bore pull sections. DESCRIPTION OF THE PROPOSED IMPACT The current proposed alignment would impact approximately 0. 145 acre of the EEP Beaverdam Creek stream mitigation conservation easement. Temporary construction impacts will include limited clearing and trenching. Following installation of the pipeline, the landscape will be restored to original grade and the excess spoil removed to an appropriate off-site disposal area. The permanent impact will be the maintenance of the corridor as herbaceously-vegetated (rather than woody growth) to allow for access to the pipeline. The pipeline would be installed by digging a trench perpendicular to the streambed along the proposed alignment. Trenching would be conducted in the dry by placing temporary dams upstream and downstream of the work area. To maintain flows in the stream during construction, a bypass pump and hoses would be used to move water from upstream of the construction area to downstream. In general, the trench is expected to be approximately three feet wide at the deepest point, and approximately ten feet wide at the surface. These dimensions are dictated by the size of the pipe and safe trenching practices, which require gradual side slopes to maintain safe working conditions in the trench. An additional 10 feet of the stream bed would be disturbed to provide for equipment passage to facilitate construction. Additionally, strict erosion and sedimentation control measures would be utilized during construction to minimize turbidity or other disturbance to the stream. 3 Response to Request for Additional Information SWE Project No. 1357-08-504 PNG Dixie River Road Pipeline July 14, 2009 Upon completion of construction, stream flow would be re-established in the construction area by removing the temporary dams and bypass equipment. Areas with disturbed soil would be matted and seeded with a native seed mix. Proposed maintenance of the permanent corridor would be limited to annual mowing. CONCLUSION Based on a review of the alternatives, PNG is proposing to proceed with Alternative 4. Accordingly, we are requesting approval to impact 0.145 acre of the EEP Beaverdam Creek stream mitigation site. CLOSING S&ME appreciates the opportunity to provide you with this information for the proposed open-cut pipeline crossing of Beaverdam Creek. Please contact us at your convenience if you have questions or need additional information. Very truly yours, S&ME Catherine M. Luckenbaugh, C.E. Michael Wolfe Natural Resources Project Manager Natural Resources Department Manager Senior Review by Lisa J. Beckstrom, C.W.B., C.E., LEEDO AP CML/LJB/cml Attachments cc: Blane Rice - State Properties Office Jacqueline McNeil - Mecklenburg County Park and Recreation Department r? Y? *. , k 3 ?_ '?? } I I i 'E c r ? ? s 4L a!z ,. o a S 3k 4r ?+a:: t i Kra. ? ' ? k fhtr y«r? t k x 1.?ra ate. _ _r r? •? ik ' h r 10.145 acres of proposed I, pipeline corridor within € - 3 1 ~z .; ° ^r ?y conservation easement ?t i t it ! r ?FS ya? R P ? '! ) L .3"f c r ` Rerouted Pipeline Alignment to Sri' Proposed Pipeline Condor \.' Original Pipeline Alignment Original Project Corridor 3 y. Streams Wetland Proposed Turpike Right-of-Way ConservationEasement Parcels REFERENCE: 2007 AERIAL PHOTGRAPH s . T PIPELINE ROUTES, CORRIDORS, AND DELINEATION BOUNDARIES WERE OBTAINED FROM REGIONAL LAND SURVEYORS _ (RLS) INC. CONSERVATION EASEMENT BOUNDARY WAS OBTAINED FROM MECKLENBURG COUNTY REAL ESTATE SERVICES DEPARTMENT. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR 50 1 00 1507 DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. SSME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. E / Feet SCALE: 1° = 100' CONSERVATION EASEMENT FIGURE DATE: 4-17-2009 CROSSING NO. PNG Dixie River Road DRAWN BY: ppH S&ME System Strengthening CHECKED BY: ?F.SC tN Mecklenburg County, NC i?L I- CML PROJECT No: 1357-08-504 `ryd? SWj?? H STATE OF NORTH CAROLINA TURNPIKE AUTHORITY MICHAEL F. EASLEY 1578 MAIL. SERVICE CENTER, RALEIGH, N.C. 27699-1578 GOVERNOR September 10, 2008 Ms. Jacqueline McNeil, AICP Real Estate Coordinator Mecklenburg County Real Estate Services 1435 West Morehead Street Suite 120 Charlotte, NC 28208 RE: Piedmont Natural Gas Easement Request I-485 and Dixie River Road Mecklenburg County Parcels 141-171-12 & 141-171-19 TIP U-3321 (Gaston East-West Connector) Dear Ms. McNeil: DAVID W. JOYNER EXECUTIVE DIRECTOR Thank you so much for coordinating with the North Carolina Turnpike Authority (NCTA) before granting an easement to Piedmont Natural Gas along the Right of Way of 1-485 near Dixie River Road. As you are aware, NCTA is currently preparing the environmental impact statement for the Gaston East-West Connector as a candidate toll facility. As currently proposed, there will be an interchange with 1-485 in the vicinity of the Mecklenburg County parcels mentioned above. The proposed I-485/Gaston E-W Connector interchange ramps will have a direct impact on the parcel in question. As a result of this impact, we are requesting that Mecklenburg County and Piedmont Natural Gas avoid the construction limits as currently shown in the preliminary designs. On the following pages, please find plan views of the two interchange scenarios currently being studied. These scenarios are from segments K3C and K4A. Additionally, a representative cross-section view from the K3C alignment is attached to indicate the impacts of the ramp construction to the Mecklenburg County property. As shown in the sketches, approximately 60' of additional Right of Way will be needed to accommodate the construction of the toll facility. Some additional Right of Way will be needed in the area where the ramp begins veering away from I485. NCTA prefers that the proposed natural gas easement be located outside of the anticipated NCTA Right of Way limits In order to assist you in locating the easement in a manner which takes into account the future construction, NCTA can provide you with MicroStation (cadd) files or GIs shape files containing the proposed NCTA Right of Way limits. Please let us know which format you prefer. NORTH CAROLINA TURNPIKE AUTHORITY TELEPHONE: 919-571-3000 FAX: 919-571-3015 Thanks again for coordinating with us on this request. NCTA will also coordinate with NCDOT and confirm that these recommendations are in compliance with their policies and procedures. If you have any questions, or need additional information, please do not hesitate to contact me (919/510-4372) or Donna Keener (919/788-7150). Sincerely, Xb?anmDonP.E. N CTA Director of Construction cc (via email): John Wadsworth - NCDOT/NCTA Liaison David West, State Encroachment Agent - NCDOT Robert Memory, State Utility Agent - NCDOT Donna Keener, P.E., Sr. Design Engineer, HNTB/NCTA Jeff Dayton, P.E., Transportation Engineer, HNTB/NCTA 2 _ --- K3C ?EC4Enp,/14 CMl?i? / At? 50' PNG EASEMENT AS PROPOSED -25ARAF 3 -- -°- --------------- -------ITJIL----------°----- ---- IIX15T----------------- °------------- - -------' 1485 SB --------------- ----------------------------------------------- ------- - ----------- - ------------ I-485 NB -25ARDB- @Y- ---i rl? - --- K4A 50' PNG EASEMENT AS PROPOSED / ?I .R, mow. T ?E C -- --------F? \ ® / aF 3 - I -j 1 W? U W W I 4 ' y 1 I I i° Wa 4 a S 1 I 1 I 1 I !IL L 1 1 Q a Q aI Z 0 1 I . I V LU i I N m N 1 m 1 ? i I m T I 1 I I i jZW I J I I z I I N I? I I 1 i I Natural Resources Michael F. Easley, Governor Ms. Crystal J. Fox S&ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273-5560 Subject: PNG - Dixie River Road Pipeline; Mecklenburg County S&ME Project No. 1357-08-504 Dear Ms. Fox: William G. Ross Jr., Secretary The Natural Heritage Program has no record of rare species, significant natural communities, or significant natural heritage areas at the site nor within a mile of the project area. However, our data layer indicates that there is an N.C. Ecosystem Enhancement Program (EEP) easement lying along an unnamed creek in the project area (see enclosed map - easement in green). The proposed pipeline might just skirt the upper end of the easement. However, as the creek waters flow from 1-485 westward, sediment from pipeline construction would likely enter this creek, and the easement's purpose is to protect water quality in the stream and the wetlands and uplands that buffer the stream. Thus, it is important that proper sedimentation controls be in place during construction of the pipeline. You may wish to check the Natural Heritage Program database website at www.nenlip.org for a listing of rare plants and animals and significant natural communities in the county and on the quad map. Our Program also has a new website that allows users to obtain information on element occurrences and significant natural heritage areas within two miles of a given location: <http://nhpweb.enr.state.nc.us/nhis/public/gmap75-main.phtml>. The user name is "public" and the password is "heritage". You may want to click "Help" for more information. NC OneMap now provides digital Natural Heritage data online for free. This service provides site specific information on GIS layers with Natural Heritage Program rare species occurrences and Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage Program for detailed information. This service allows the user to quickly and efficiently get site specific NHP data without visiting the NHP workroom or waiting for the Infor nation Request to be answered by NHP staff. For more information about data formats and access, visit <ww,w.nconemap.com>, then click on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences"]. You may also e-mail NC OneMap at <dataq c@i ncmail.net> for more information. Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. Sincerely, Harry E. LeGrand, Jr., Zoologist Natural Heritage Program 1601 N W& Center, Raleigh, North Carolina 27699-1601 tee arolina C Phone: 919-733-49841 FAX: 9 1 9-7 1 5-3060 1 Internet: www.enr.state.ne.us/ENR/ r,// An Equal opportunity J Affirmative Action Employer - 50 % Recycled \ 10 % Post Consumer Paper `j ff +C71 'l` ��yy :. aN`� `v "� f.. x. ?yy s.? STATE o Vw? North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbcck, Administrator AGchael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary July 21, 2008 Crystal Fos S&IViE 9751 Southern Pine Boulevard Charlotte, NC 28273-5560 Office of Archives and History Division of Historical Resources David Brook, Director Re: PNG Dixie River Road Pipeline, S&IvfE # 1357-08-504, Mecklenburg County, ER 08-1493 Dear Ms. Fox: Thank you for your letter of June 12, 2008, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the undertaking as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 111 P f(+? Peter Sandbeck Location: 109 Cast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27679.4617 Telephone/Fare (919) 807-6570/807-6597 QpP??*.NTlOF rtiF a? United States Department of the Interior o ? b _ FISH AND WILDLIFE SERVICE ARCH sag Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 July 10, 2008 Ms. Crystal J. Fox Ms. Lisa J. Beckstrom S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, North Carolina 28273-5560 Dear Ms. Fox and Ms. Beckstrom: Subject: Species Assessment, PNG Dixie River Road Gas Pipeline, Adjacent to Interstate 485 South, West of Charlotte, Mecklenburg County, North Carolina (S&ME Project No. 1357-08-504) In your letter dated June 12, 2008, you requested our comments on the subject project. The following comments are based on our review of the information that you presented and are in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Your client, Piedmont Natural Gas, is applying for a Section 404 permit for impacts associated with the installation of about 3 miles of 10-inch gas pipeline. The pipeline will cross multiple unnamed tributaries to Beaverdam Creek. No information was provided as to the method proposed for the stream crossings. Endangered Species - According to our records and a review of the information provided, no listed species or their habitats occur on the site. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Wetland/Stream Protection and Erosion Control - We are concerned with the stream-crossings that are being proposed for this project. We assume, because a Section 404 permit is required, that your client is proposing an open-cut/trench method for the stream crossings. From our past experiences with similar projects, we believe this technique increases the likelihood of fixture lateral movement of the stream (which could undercut or erode around the gas pipeline), and the correction of these problems could result in additional future maintenance and impacts to the stream. Just this year, we have reviewed several projects where PNG is conducting (and financing) stream-bank stabilization activities because of past pipeline projects where open-cut/trenching was used for stream crossings. Therefore, we recommend the use of directional boring under the stream to prevent stream impacts, and we recommend that vegetated riparian buffers (a minimum of 100 feet wide on perennial streams and 50 feet wide on intermittent streams) be restored and preserved. Directional boring under streams significantly minimizes impacts to aquatic resources, and forested riparian buffers serve as filters for contaminants, lessen storm-water velocities, provide thermal cover, and protect stream-bank stability. If this method cannot be used and trenching is determined to be the only viable option, we recommend the development of a stream-bank monitoring and maintenance program that would allow for the prompt stabilization of stream banks near the pipeline crossing (should any stream-bank erosion or destabilization occur) throughout the life of this project. We strongly recommend that stringent measures to control erosion be implemented prior to any ground disturbance and that these measures be maintained throughout project construction. Any disturbed areas should be reseeded with seed mixtures that are beneficial to wildlife. Fescue-based mixtures should be avoided. Native annual small grains appropriate for the season are preferred and recommended. Biodegradable erosion-control matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples, stakes, or live stakes of native trees (whenever possible). The vegetation should be monitored, and subsequent plantings should be installed when needed. Fertilizers and pesticides should not be used near streams. We also recommend that construction equipment be kept out of the stream by operating from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment should be inspected daily and should be maintained to prevent the contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants, and other toxic materials should be stored outside the riparian management area of the stream, in a location where the material can be contained. Equipment should be checked for leaks of hydraulic fluids, cooling system liquids, and fuel and should be cleaned before fording any stream. We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference our Log Number 4-2-08-232. SinC'erly, r? .f Brian P. Cole Field Supervisor USACE STREAM QUALITY ASSESSMENT WORKSHEETS AND DWQ STREAM IDENTIFICATION FORMS USACOE Aid # DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: _-AW 1. Applicant's name: Piedmont Natural Gas 2. Evaluator's name: S&ME (D. David Homans) 3. Date of Evaluation: 5/12/2008 4. Time of Evaluation:04:12:28pm 5. Name of stream: Stream 4 6. River basin: Upper Catawba 7. Approximate drainage area: 230 acres 8. Stream order: 2 9. Length of reach evaluated: 80 feet 10. County: Mecklenburg 11.Site coordinate(if known): prefer in decimal degrees 11. Subdivision name (if any): Latitude (ex. - 34.872312) 35.18158°N Longitude (ex. - 77.55661) 80.97003°W Method location determined ? GPS ? Topo Sheet ? Ortho (Aerial Photo/GIS) ? Other GIS Other 13. Location of reach under evaluation (note the nearby roads and landmarks and attach a map identifying stream's location): West of 1-485 between the southern Dixie River Road crossing and the Garrison Road crossing. 14. Proposed channel work (if any): Utility crossing 15. Recent weather conditions: windy, some rain 16. Site conditions at time of visit: clear 17. Identify any special waterway classification known: Section 10 Tidal Waters Essential Fisheries Habitat Trout Waters Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation reach? NO If yes, estimate the water surface area: 19. Does the channel appear on a USGS quad map? YES 20. Does channel appear on USDA Soil Survey: Yes 10 % Residential 10 % Commercial 10 % Industrial 0 % Agricultural 21. Estimated watershed land use: 50 % Forested 0 % Cleared/Logged 20 % Other 22. Bankfull width: 4-5' 23. Bankfull height (from bed to top of bank): 2-4' 24. Channel slope down center of stream: Flat (0-2%) X Gentle (2-4%) Moderate (4-10%) Steep (>10%) 25. Channel sinuosity: Straight Occasional bends X Frequent meander Very sinuous Braided channel Instruction for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from the pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 49 Comments: Evaluators Signature: ?-`- `--- Date: 5/12/2008 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To comment, please call 919-876-8441 x 26 1 STREAM QUALITY ASSESSMENT WORKSHEET ECORE GION POINT RANGE SCORE # CHARACTERISTICS Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 04 0-5 2 no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 2 extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 2 (no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 04 0-4 2 extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 04 0-4 2 d (no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0-4 04 0-2 2 (no flood lain = 0; extensive flood lain = max points) Entrenchment / floodplain access 0-5 04 0-2 2 (deeply entrenched = 0; frequent flooding = max points 8 Presence of adjacent wetlands j 0-6 0-4 0-2 3 acent wetlands = max points) (no wetlands = 0; large ad 9 Channel sinuosity 0-5 0-4 0-3 3 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 04 04 1 (extensive de osition= 0; little or no sediment = max oints 11 Size & diversity of channel bed substrate NA* 04 0-5 2 fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 04 0-5 2 >4 (deeply incised = 0; stable bed & banks = max points) ,,* 13 Presence of major bank failures 0-5 0-5 0-5 3 (severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 3 no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production 0-5 04 0-5 2 substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 2 (no riffles/ripples or pools = 0; well-developed = max oints) 1-4 17 Habitat complexity 0-6 0-6 0-6 3 little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 2 (no shading vegetation = 0; continuous canopy = max points) x 19 Substrate embeddedness NA* 04 0-4 3 (deeply embedded = 0; loose structure = max) 20 Presence of stream invertebrates (see page 4) 04 0-5 0-5 2 no evidence = 0; common, numerous types = max points) >., 21 Presence of amphibians 0-4 04 0-4 1 (no evidence = 0; common, numerous types = max points) O 22 Presence of fish 0-4 0 4 0 4 1 no evidence = 0; common, numerous types = max points) ?--+ ?q 23 Evidence of wildlife use 0-6 0-5 0-5 2 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 49 *These characteristics are not assessed in coastal streams USACOE Aid # DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET _AQF Provide the following information for the stream reach under assessment: 1. Applicant's name: Piedmont Natural Gas 2. Evaluator's name: SBME (D. David Homans) 3. Date of Evaluation: 5/20/2008 4. Time of Evaluation:10:02:32am 5. Name of stream: Stream 5 6. River basin: Upper Catawba 7. Approximate drainage area: 110 acres 8. Stream order: 1 9. Length of reach evaluated: 100 feet 10. County: Mecklenburg 11.Site coordinate(if known): prefer in decimal degrees 11. Subdivision name (if any): Latitude (ex. - 34.872312) 35.18093°N Longitude (ex. - 77.55661) 80.96985°W Method location determined ? GPS ? Topo Sheet ? Ortho (Aerial Photo/GIS) ? Other GIS Other 13. Location of reach under evaluation (note the nearby roads and landmarks and attach a map identifying stream's location): West of 1-485 between the southern Dixie River Road crossing and the Garrison Road crossing. 14. Proposed channel work (if any): Utility crossing 15. Recent weather conditions: light rain 2 days prior 16. Site conditions at time of visit: overcast 17.Identify any special waterway classification known: Section 10 Tidal Waters Essential Fisheries Habitat Trout Waters Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation reach? YES If yes, estimate the water surface area: 2 acres 19. Does the channel appear on a USGS quad map? YES 20. Does channel appear on USDA Soil Survey: Yes 10 % Residential 20 % Commercial 0 % Industrial 0 % Agricultural 21. Estimated watershed land use: 60 % Forested 0 % Cleared/Logged 10 % Other 22. Bankfull width: 6' 23. Bankfull height (from bed to top of bank): 3-5' 24. Channel slope down center of stream: Flat (0-2%) X Gentle (24%) Moderate (4-10%) Steep (>10%) 25. Channel sinuosity: Straight Occasional bends X Frequent meander Very sinuous Braided channel Instruction for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from the pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 48 Comments: Observed creek chub and Hydropsychidae. Evaluators Signature: G ?' ""?---- Date: 5/20/2008 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To comment, please call 919-876-8441 x 26 1 STREAM QUALITY ASSESSMENT WORKSHEET ECORE GION POINT RANGE CHARACTERISTICS SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 04 0-5 3 no flow or saturation = 0; strop flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 2 extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 2 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 extensive discharges = 0; no discharges = max oints 5 Groundwater discharge 0-3 04 0-4 2 U (no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0-4 04 0-2 3 y (no flood lain = 0; extensive flood lain = max points) ?i Entrenchment / floodplain access 0-5 04 0-2 1 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 2 no wetlands = 0; large ad acent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 3 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 04 0-4 2 (extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA 0-4 0-5 2 fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 04 0-5 1 (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 1 (severe erosion = 0; no erosion, stable banks = max points) l4 Root depth and density on banks 0-3 0-4 0-5 1 E„ no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production substantial impact =0; no evidence = max points) 0-5 04 -5 0-5 2 16 Presence of riffle-pool/ripple-pool complexes (no riffles/ripples or pools = 0; well-developed = max points) 0-3 0-5 0-6 3 17 Habitat complexity 0-6 0-6 0-6 3 little or no habitat = 0; frequent, varied habitats = max points) 0.4 18 Canopy coverage over streambed M (no shading vegetation = 0; continuous canopy = max points) 0-5 0-5 0-5 3 '?7•i" 19 Substrate embeddedness NA* 04 0-4 2 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates (see page 4) no evidence = 0; common, numerous types = max points) 04 0-5 0-5 2 21 Presence of amphibians 0-4 04 0-4 2 (no evidence = 0; common, numerous types = max points) O 22 Presence of fish no evidence = 0; common, numerous types = max points) 0-4 0-4 0-4 2 pq 23 Evidence of wildlife use 0-6 0-5 0-5 2 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 48 *These characteristics are not assessed in coastal streams North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 5/12/2008 Project PNG Dixie River Road System Strengthening Latitude: 35.18158'N Evaluator: S&ME (D . David Homans) Site: Stream 4 Longitude: 80.97003°W Total Points 42 rJ Stream is at least intermittent if z 19 or perennial if a 30 County: Mecklenburg Other e.g. Quad Name: A. Geomorphology (Subtotal = 19.5) Absent Weak Moderate Strong 1a. Continuous bed and bank 3 2. Sinuosity 3 3. In-channel structure: riffle-pool sequence 2 4. Soil texture or stream su strate sorting 2 Active/relic oo p aln 1 epos) Iona ars or enc es 2 ral e c Anne p ecent a uvla eposlts 2 a. Natural evees 0 10. Head cuts o 11. Grade con ro s 0.5 12. Natural valley or drainageway 1 13. econ or greater or er on existing USGS or NRCS map or other documented evidence. Yes = 3 a. rnan-rnaue uncnes are not ratea: see alscusslons in manual B. Hvdroloav (Subtotal = 12 14. Groundwater flow/discharge 3 15. Water in channel and > 48 hours since rain or Water in channel -- dry or growing season 3 16. Leaflitter 1.5 17. Sediment on plants or debris 1.5 18. fganlC debris lines or piles raC Ines 1.5 19. y ric soils re oxlmorp is features) present? Yes = 1.5 C. Bloloav (Subtotal = 11 ) 20b. Fibrous roots in channel 3 21 b. Rooted plants in channel 2 22. Crayfish o 23. Bivalves p 24. Fish p 25. Amphibians 0.5 26. Macrobenthos (note diversity and abundance) 1 27. Filamentous algae; periphyton 3 28. Iron bacteria/fun us o 29b. Wetland plants in streambed OBL = 1.5 l? aiiu z r rucus urr ure presence or uplana plants. Item Z9 tocuses on the presence of aquatic or wetland plants Notes: (use back side of this form for additional notes) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 5/20/2008 Project PNG Dixie River Road System Strengthening Latitude: 35.18093°N Evaluator: S&ME (D . David Homans) Site: Stream 5 Longitude: 80.96985°W Total Points 43 Stream is at least intermittent if t 19 or perennial if z 30 County: Mecklenburg Other e. g. Quad Name: A. Geomorphology (Subtotal = 23 ) Absent Weak Moderate Strong 1 a. Continuous bed and bank 3 2. Sinuosity 3 3. In-channel structure: riffle-pool sequence 3 4. Soil texture or stream sub strate sorting 3 Active/relic oo p aln 3 epos) Iona ars or benches 3 Braided channel 0 Recent alluvial deposits 3 a. Natural levees 0 10. Head cuts 0 11. Grade controls 0.5 12. Natural valley or drainageway 1.5 13. econ or greater or er on existing USGS or NRCS map or other documented evidence. No = 0 a. 111d11-1udUU UILUles are no[ raiea, see ascussions in manual B. Hvdroloav (Subtotal= 1n 14. Groundwater flow/discharge 3 15. Water in channel and > 48 hours since rain or Water in channel -- dry or growing season 3 16. Leaflitter 1.5 17. Sediment on plants or debris 0.5 18. Organic debris lines or pl es raC Ines 0.5 19. H y rlc sol s re oxlmorp lc ea ures presen . Yes = 1.5 C. Bloloov (Subtotal = in 1 20b. Fibrous roots in channel 2 21 b. Rooted plants in channel 2 22. Crayfish 0 23. Bivalves 0 24. Fish 1.5 25. Amphibians 0.5 26. Macrobenthos (note diversity and abundance) 1 27. Filamentous algae; periphyton 3 28. Iron bacteria/fun us 0 29b. Wetland plants in streambed None = 0 li 6 Niwenw ui upidnu Plains. item " rocuses on ine presence of aquatic or wetland plants Notes: (use back side of this form for additional notes) Sketch: Observed creek chub and Hydropsychidae. RESTORATION PLAN PNG Dixie River Road System Strengthening Mecklenburg County, North Carolina The following Restoration Plan has been prepared for the Piedmont Natural Gas (PNG) Dixie River Road System Strengthening project in Mecklenburg County, North Carolina. While a majority of mitigation for the proposed project has been accomplished through avoidance and minimization of impacts (i.e. - paralleling an existing, maintained easement), the following plan shall be implemented to restore those portions of the temporary work space easement (TWS) that are located in wetlands or streams and temporarily-impacted to facilitate installation of the new pipeline. This plan entails restoration of temporarily-disturbed wetland areas to their original contours and conditions to the degree practicable upon project completion. Further, disturbed wetland and upland areas will be permanently stabilized with a native vegetative cover. Measures outlined in the Restoration Activities section of this plan will be specified in the contract documents prepared for construction of the proposed project. Restoration Activities Proposed restoration activities will include the removal of placed fill material and restoration of bank slopes to original pre-disturbance contours. Excavated material shall be returned to the trench to the extent possible, and remaining material relocated and retained on an upland site. Substrate containing roots, rhizomes, seeds, etc., will be kept viable and replaced at the surface of the excavated site. A native, restoration seed mix will be utilized within portions of the corridor comprised of wetlands. This seed mix (Table 1) will be installed with a temporary groundcover species to provide short-term coverage of disturbed soil, and will cover the disturbed wetlands and stream banks from the jurisdictional boundary extending 10 feet landward. Table 1: Seed Mix for Wetland/Stream Restoration* Common Name Scientific Name Percentage of Mix Annual rye grain Secale cereale 25 Black-eye Susan Rudbeckia hirta 10 Foxtail millet Setaria italica 20 Korean lespedeza Lespedeza stipulacea 15 Partridge pea Chamaecrista fasciculata 10 Plains coreopsis Coreopsis tinctoria 5 Slender smartweed Polygonum lapathifolium 5 Virginia wild rye Elymus virginicus 5 Evening primrose Oenotheria biennis 5 "Apply seed mix at a rate of 45 lbs./acre. L Restoration Plan SWE Project No. 1357-08-504 PNG Dixie River Road System Strengthening January 13. 2009 Restoration Plan Prepared By: S&ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273 704.523.4726 704.525.3593 Contact: Catherine Luckenbaugh, C.E. cluckenbau h a,smeinc.com -A--