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HomeMy WebLinkAbout20200135 Ver 1_PCN Form Submission_20200123DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned * Version#* 20200135 1 Is a payment required for this project?* r No payment required r Fee received Reviewing Office* r Fee needed - send electronic notification Asheville Regional Office - (828) 296-4500 Select Project Reviewer* Amy Annino:eads\amannino Information for Initial Review 1a. Name of project: COURTESY COPY - PING Line 291 Derating — Line 1149 High Pressure Distribution 1a. Who is the Primary Contact?* Arshad Khan, Ph.D. 1b. Primary Contact Email:* Arshad.Khan@Duke-Energy.com Date Submitted 1/23/2020 Nearest Body of Water East Prong Hunting Creek & Multiple Unnamed tributaries to East Prong Hunting Creek Basin Catawba Water Classification WS-N Site Coordinates Latitude: Longitude: 35.731747-81.643492 A. Processing Information County (or Counties) where the project is located: Burke Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) 1c. Primary Contact Phone:* (704)731-4089 U 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: 12 - Utility Lines NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit r 401 Water Quality Certification - E)iress r Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: r Yes r No For the record onlyfor Corps Permit: r Yes r No 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. lathe project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Piedmont Natural Gas — Multiple Utility & Access Easements (See Attachment A -Survey Plats) 2b. Deed book and page no.: Multiple Utility & Access Easements (See Attachment A - Survey Plats) 2c. Responsible party: Piedmont Natural Gas (PING) 2d.Address Street Address 4720 Piedmont Row Drive Address tine 2 City Charlotte Postal / Zip Code 28210 2e. Telephone Number: (704)731-4089 2g. Email Address:* Arshad.Khan@Duke-Energy.com 4. Agent/Consultant (if applicable) 4a. Name: Will Pruitt State / Province / Region North Carolina Country United States 2f. Fax Number: 4b. Business Name: Pond and Company 4c.Address Street Address 3500 Parkway Lane Address tine 2 Suite 500 City Peachtree Corners Postal / Zip Code 30092 4d. Telephone Number: (678)336-7740 4f. Email Address:* PruittW@Pondco.com Agent Authorization Letter* Attachment Bi_AgentAuthorization.pdf Slate / Province / legion Georgia Country United States 4e. Fax Number: 28.72KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (ff appropriate) WA 1c. Nearest municipality/ town: Morganton, NC 2. Project Identification 2a. Property Identification Number: Multiple — See Attachment A - survey plats for easement agreements. 2c. Project Address Street Address 1271 Bethel Road (approximate) Address tine 2 city Morganton Postal / Zip Cate 28655 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* East Prong Hunting Creek & Multiple Unnamed tributaries to East Prong Hunting Creek 3b. Water Resources Classification of nearest receiving water:* WS-IV 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 0305010106 4. Project Description and History 2b. Property size: Multiple — See Attachment A - survey plats for easement agreements. Total disturbance limits for the proposed project is 17.05 Acres. State / Province / Region North Carolina Country United States 4a. 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 land use in the vicinity of the project area is primarily a mix of commercial and low -density residential areas with patches of pasture and undeveloped mixed pine -hardwood forests. The proposed pipeline corridor comprises a mix of existing pipeline and road right-of-way, mixed pine -hardwood forest, and commercial areas. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r- No 6 Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Attachment _C_Fig1_Location_Topo.pdf 1.68MB 4e. Attach an S 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Attachment _D_Fig2_Soil.pdf 1.13MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.277 4g. List the total estimated linear feet of all existing streams on the property: 3556 4h. Explain the purpose of the proposed project:* As part of PNG's ongoing commitment to compliance with Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations, certain portions of the transmission system have been earmarked for either replacement or abandonment. The subject project is located on Line 291 between the Bethel Road Regulator Station and the Grace Hospital Regulator Station. The existing line (Line 291) has a 6-inch diameter and has been selected for replacement (Line 1149) due to insufficient records for the existing assets. The project proposes to abandon the existing 6-inch line and replace with a high pressure 12-inch line (Line 1149) between the two previously mentioned regulator stations. The new 12-inch line will be located on a new alignment and will involve the construction of three permanent access roads to complete the required work. The proposed project is required to meet PHMSA regulations and will require unavoidable impacts to jurisdictional waters. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed pipeline project involves the placement of a new high-pressure 12-inch line for approximately 5,600 feet between the existing Bethel Road Regulator Station and the Grace Hospital Regulator Stations. Three permanent access roads are proposed along existing gravel drives and trails to provide access to the work space during construction as well as future maintenance activities. These access roads will be constructed to a typical width of 12-feet, suitable to allow access for heavy equipment required to perform the work. The placement of the new high-pressure 12-inch pipe on the new alignment will result in the disturbance of approximately 17.05 acres of land along the new pipeline corridor. The proposed project will involve clearing the new right-of-way of vegetation, stumps and other obstructions, excavating a trench, and installing the new 12-inch high-pressure line. The proposed project will also include modifications to the existing Bethel Road Regulator Station and the development of a new regulator station along East Parker Road, adjacent to the project work space. The proposed temporary right-of-way width for construction activities would range between 75 and 100 feet wide. The permanent maintained right-of-way consists of 50-feet and is inclusive of the total construction width, with the exception of resource crossing locations where maintenance will be limited to no more than 30 feet in width per NC GC 4133 (see attachment G - Piedmont Natural Gas Permanently Maintained Access Corridor Protocol). Temporary space utilized during construction will be allowed to re -vegetate naturally after final stabilization and construction completion. The line will be buried, and disturbed areas will be stabilized and re -vegetated. This project will permanently convert the project corridor to mowed and maintained pipeline right-of-way. Equipment used for the proposed pipeline project will consist of typical land clearing equipment such as bulldozers, skid -steers, and grubbers, as well as track hoes, excavators, trenchers, and dump trucks. Heavy duty trucks and tractors may also be used to haul in equipment, tools, and pipeline components. 4j. Please upload project drawings for the proposed project. Attachment_E_Line291_Plans.pdf 14.16MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r- No Comments: The proposed pipeline project area intersects three perennial streams and one wetland. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: N/A 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Sara Duquette, Alex Darr Agency/Consultant Company: Pond and Company Other: Sd1. Jurisdictional determination upload Attachment_F_PJD.pdf 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 117.65KB O Unknown Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries F Buffers F Open Waters F Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area" Wetland 5 Pipeline Installation and P Seep Wetland 5 Yes Corps 0.012 Right -of -Way (acres) Maintenance 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.012 2g. Total Permanent Wetland Impact 0.012 2h. Comments: Hillside seep PFO wetland to be permanently converted for establishment of utility right-of-way, pipeline installation, and continual maintenance. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * Type of 3gSwidth 3h. I(?) F �[3f. urisdiction* length* S1 Pipeline Installation Temporary Other Stream PS 6 Perennial Corps 3 31 Average (feet) (linearfcet) 32 Pipeline Installation Temporary Other Stream PS 12 Perennial Corps 6 74 Average (feet) (linearfcet) S3 Pipeline Installation Temporary Other Stream PS 15 Perennial Corps 6 50 Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 31. Total stream and ditch impacts: 155 31. Total temporary stream impacts: 155 3j. Comments: Stream impacts are unavoidable for the installation, establishment, and maintenance of the utility right-of-way. Impacted streams will be returned to pre -construction conditions during final stabilization / restoration of all disturbed areas. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Preliminary environmental surveys were conducted during the conceptual phase of this project and included filed delineations along the proposed route to identify all sensitive resources in the area. Using the environmental data collected, the least impactful route was chosen, and additional route modifications were made to reduce impacts at resource crossings. The field delineations identified the presence of five (5) perennial streams, three (3) intermittent streams, and five (5) wetlands. Through project routing, design was able to avoid impacting two (2) perennial streams, three (3) intermittent streams, and four (4) wetlands. Regional Condition 4.1.3 requires justification for corridors exceeding 40-feet in width. Due to the length and diameter of this proposed pipeline as well as the terrain of the associated work space, this condition is not safely nor efficiently obtainable. The overall width of the corridor has been minimized by narrowing the right-of-way (ROW) clearing from 100 feet to no more than 50 feet in width at resource crossings for construction. This corridor exceeds the recommended 40-foot wide easement to allow for the safe installation of temporary crossings, dewatering equipment, erosion and sediment control devices, and pipeline infrastructure. This exceedance in the recommended 40-foot corridor width is required to safety complete the aforementioned work functions due to the size of the equipment required to install a pipeline of this magnitude. The clearing of the 50-foot permanent easement will be maintained after construction to facilitate safe and efficient maintenance of the PNG infrastructure, with the exception of resource crossing locations where maintenance will be limited to no more than 30 feet in width per NC GC 4133 (see Attachment G, Piedmont Natural Gas Permanently Maintained Access Corridor Protocol). All stream crossings involving open -cut construction methods have been oriented as close to perpendicular as possible to the stream banks to further minimize impacts. Following construction activities, the pipeline work area will be returned to pre-existing contours, stabilized, and seeded for re -vegetation. The proposed East Parker Road Station, adjacent to the pipeline installation, will include minor permanent grading activities; however, the proposed station location is not within the direct vicinity of water resources. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All stream crossings will involve various open -cut construction methods due to the size of the resources and will be oriented as close to perpendicular as practicable to the stream banks to further minimize impacts. The corridor width at resource crossings will be kept to a maximum of 50-feet. Erosion and sediment control measures will be implemented at all stream crossings to minimize impacts during construction (temporary stream crossings, bank stabilization, dewatering techniques, etc.). Re -vegetation of impacted resources and areas adjacent to these resources will be reseeded with native seed mixes tailored to the suitable species for the resource type and for the Piedmont/Mountain region of North Carolina. Additionally, construction has been sequenced to minimize the length of time for which excavations of streams remain in disturbed condition and will be stabilized as soon as possible. Following construction activities, the pipeline work area will be returned to pre-existing contours, stabilized, and seeded for re -vegetation. The proposed East Parker Road Station, adjacent to the pipeline installation, will include minor permanent grading activities; however, the proposed station location is not within the direct vicinity of water resources. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed project does not result in a loss of greater than 1/2-acre of wetland resources, no permanent loss of stream greater than 300 linear feet, no permanent loss of greater than 150 linear feet per Wilmington District, Regional Condition 3.2 (Mitigation for Loss of Stream Bed). F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The proposed project is located within the Catawba River Basin, which includes regulated buffer protection for the main -stem of the of the Catawba River and associated lakes; however, the proposed project is not located within the vicinity of a regulated buffer. In addition, the proposed project, including the regulator station development, will not result in permanent ditches, piping, or channelization that would convey water in a concentrated or otherwise non -diffuse pattern. During construction soil erosion and sedimentation measures will be implemented to disperse any concentrated flow in a diffuse pattern. Following construction activities, the pipeline construction area will be returned to pre-existing contours and the area will be seeded to reestablish vegetation. The proposed East Parker Road Station, adjacent to the pipeline installation, will include minor permanent grading activities. The proposed station will be constructed per typical regulator station methods to ensure impervious surface area does not result in the need for a stormwater management plan or post construction stormwater permitting. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: This project is not associated with an NCDOT related action or project; therefore, it is not subject to compliance with the NCDOT's Individual NPDES permit NCS000250. This project involves installation of pipeline infrastructure, establishment of a permeant utility ROW and returning additional work space to pre -construction conditions; therefore, is not subject to requirements defined in 15A NCAC 02H .1003(2) or require the creation of a stormwater management plan. The proposed East Parker Road Station, adjacent to the pipeline installation, will include minor permanent grading activities. The proposed station will be constructed per typical regulator station methods to ensure impervious surface area does not result in the need for a stormwater management plan or post construction stormwater permitting. The project area consists of primarily forested, grassed, and non -developed land. The pre -construction runoff curve number is approximately 55 considering the existing land use. The proposed construction activities would result in very minimal conversion of land use, as most of the disturbed area would be returned to natural forested and grassed vegetation. The East Parker Road Station, which would consist of a stone/gravel footprint, is the only portion of the project that would result in a curve number change due to the introduction of a built upon area. Conservatively speaking pre -construction conditions for 17 acres of disturbance has a curve number of 55. Post construction, approximately 16.5 acres would be returned to a condition meeting the characteristics of land with a curve number of 55, and the development of East Parker Station (<.5 acres) would result in a curve number of 58. The post construction weighted curve number would be approximately 56, therefore, the project would result in a delta increase of 1. Considering the nature of this project, the substrate to be used at East Parker Station, and the minor insignificant change in pre/ post -construction curve number, no impact to downstream surface water is anticipated. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) U 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The proposed pipeline project will permanently establish a pipeline right-of-way and is not anticipated to result in future development that will impact downstream water quality. The installation of pipeline to replace Line 291 is to supply existing customers and maintain utility infrastructure in the area. With the exception of potential maintenance activities, future impacts are not anticipated for the proposed pipeline project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? U.S. Fish and Wildlife Service, Information for Planning and Consultation (IPaC) Official Species List for Burke County, North Carolina. Based on species habitat requirements, no listed species, aside from the northern long-eared bad (Myotis septentrionalis), indicated as potentially occurring within Burke County, North Carolina are anticipated to occur within the project area; therefore, formal coordination with USFWS has not occurred. According to the USFWS 4(d) Rule, incidental take of the northern long-eared bat through tree removal is not prohibited unless it results in removing a known, occupied maternal roost tree, removal activities within 150 feet of a known material root tree from June 1 to July 31, or removing trees within 0.25 miles of a hibernaculum at any time of year. Online reviewof state resources and field observations do not indicate presence of roost trees or hibernacula in the project area; therefore, it is anticipated that there will be no effect to endangered species. Consultation Documentation Upload Attachment_H_IPaC_OfficialList_Line291.pdf 300.36KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA National Marine Fisheries Service (NMFS) Essential Fish Habitat (EFH) Mapper. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* North Carolina State Historic Preservation Office (NCSHPO) mapping service. In addition, we have engaged with NCSHPO directly regarding historical, cultural, and archeological resources that may exist within the proposed project area. NCSHPO has confirmed there are no known cultural / historical resources within the proposed project area and no impacts are anticipated. 7c. Historic or Prehistoric Information Upload Attachment _I_SHPO_Coordination_Line291.pdf 5.72MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* G Yes C No 8b. If yes, explain how project meets FEMA requirements: The installation of the natural gas pipeline would require excavation, installation of natural gas line, and backfilling. The proposed project will return the grade to preconstruction conditions and will not result in fill or elevation alteration within the 100-Year floodplain. We are currently engaging with the City of Morganton's Floodplain Administrator to complete necessary permitting and approval requirements in accordance with FEMA regulations. 8c. What source(s) did you use to make the floodplain determination?* FEMA National Flood Hazard Layer Viewer and FIRM Panel 3710271300J. This was used in the planning stages to identify the floodplain and ensure that the proposed work area is returned to pre-exsting contours and elevations.The proposed East Parker Road Station, adjacent to the pipeline installation, will include minor permanent grading activities; however, the proposed station location is not within the direct vicinity of water resources or FEMA regulated floodplains. Miscellaneous Comments Please seethe attached figures requested as a part of this PCN submittal in the uploads section below. The figures depict the project area, NRCS soils, USFWS NWI, FEMA NFHL, and the proposed impacts to waters. In addition to the project figures, the photograph log, FEMA coordination request, and survey plats for ownership information of easements to be utilized through the installation of the proposed pipeline are included. Regarding items 1d & le, this project does not meet the requirement for written approval of the Water Quality Certification No. 4133, relating to Nationwide Permit 12. The activities proposed with this project fall within threshold to qualify for coverage under the General Certification. Miscellaneous attachments not previously requested. Attachment_ A_ Plats_12.20.19.pdf 27.3MB Attach ment_G_PNG_ROW_Protocol.pdf 77.74KB Attach ment_J_FEMA_Letter_1.9.20.pdf 2MB Attach ment_K_Line291_WetlandForms_12.23.19.pdf 264.62KB Attachment _L_Line291Figures. pdf 7.42MB Signature ® By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: William A. Pruitt Signature Date 1 /23/2020 U