HomeMy WebLinkAbout20021728 Ver 1_COMPLETE FILE_20021028PBS?104
An employee-owned company
October 9, 2003
Mr. John Thomas
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
Dear Mr. Thomas:
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WETLANDS 1401 GROUP
OCT 10 2003
WATER QUALITY SECTION
PN 460591.00
Re: Amendment to Nationwide Permit 12
Patriot Project Access Road (PAR-S4-2) Use Classification Modification
Rockingham County, North Carolina
On January 14, 2002, East Tennessee Natural Gas Company (ETNG), a company of Duke Energy Gas
Transmission, obtained a U.S. Army Corps of Engineers (USAGE) Nationwide Permit 12 Verification
(Action ID: 200220425-200220428) for the proposed Patriot Project (enclosed). ETNG would like to
revise the Nationwide Permit 12 status for the above-mentioned project by changing the status of a
temporary access road to a permanent access road. The proposed access road is located on the Northeast
Eden, North Carolina, U.S. Geological Survey (USGS) 7.5-minute series topographic map excerpt (see
enclosed topographic map excerpt) and was originally permitted by the USACE as a temporary access
road with the name designation AR-S4-5. The new access road name designation will be PAR-S4-2.
Provided below is a brief scope of the proposed access road modification.
Access road PAR-S4-2 follows an existing access road within a transmission line right-of-way. The road
will be 20-feet wide and approximately 1,065-feet long, and will be constructed of certified clean gravel
or other certified clean pervious material. ETNG will minimize impacts to wetlands to the maximum
extent practicable by lining the access road through wetlands with silt fences and other erosion and
sedimentation control devices. In addition, culverts will be installed across the access road at all wetland
crossings (see enclosed plan and profile figure), as well as in the upland portions of the access road to
maintain surface flow. Culverts will be spaced to allow adequate flow of water across the access road to
prevent impacts to the natural wetland hydrology.
On November 20, 2002, PBS&J conducted environmental surveys of the proposed access road. The
purpose of the investigation was to determine if wetlands and/or habitat for any federal or state-listed
endangered or threatened species occurred on or near the proposed project area. Three palustrine emergent
(PEM) wetlands were identified within the survey corridor. Wetland G2-01 has a total crossing length of
199-feet; wetland G2-02 has a total crossing length of 52-feet; wetland G2-03 has a total crossing length
of 38-feet. No forested wetlands were observed within the survey corridor. Each PEM wetland will be
culverted in order to allow water flow across the access road. However, permanent fill will be added to
each wetland to facilitate access during and after construction. ETNG is proposing to fill portions of
three PEM wetlands with pervious material resulting in 0.08-acre of impact to wetland G2-01; 0.01-acre
of impact to wetland G2-02; and 0.01-acre of impact to wetland G2-03 for a total impact of 0.10 acre.
Please refer to the enclosed figure for a depiction of the wetland impacts (Proposed Wetland Impacts).
1880 S. Dairy Ashford St., Suite 300 • Houston, Texas 77077-4760 9 Telephone: 281.493.5100 • Fax: 281.493.1047 • www.pbsj.com
Mr. John Thomas
Page 2
October 9, 2003
No threatened or endangered species, nor suitable habitat, were observed during the environmental
investigations. Additionally, no cultural resources were identified during the original cultural resource
investigations (clearance from State Historic Preservation Officer received December 23, 2003).
PBS&J, on behalf of ETNG, is requesting an amendment to Permit No. 200220425-200220428 and
approval to proceed with the construction of access road PAR-S4-2 as described above. Please let us
know if you require any further information to amend this permit. We appreciate your assistance with
this project. Please feel free to call me if you have questions or require additional information.
Also, please note that the Agent for this project has changed to:
PBS&J
c/o Joey Mahmoud
1880 South Dairy Ashford St., Suite 300
Houston, TX 77077
(281) 493-5100
The Property Owner/ Project Sponsor has changed to:
Duke Energy Gas Transmission
c/o Angella Martell
5400 Westheimer Court
Houston, TX 77056
(713) 627-5400
Sincerely,
PBS&J
Joey Mahmoud
Project Manager
JM:lwa
Enclosures
c: John Dorney - NCDENR- DWQ
Angella Martell - ETNG
Dennis Newcomer - ETNG
Glen Morrow - ETNG
Brandy Lim - PBS&J
460591.00
• .s ri .
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200220425-200220428 County: Rockingham
GENERAL PERMIT REGIONAL AND NATIONWIDE VERIFICATION
Property Authorized
owner: Duke Energy Gas Transmission Agent: Duke Engineering & Services
c/o Debbie Rios Gil Paquette
Address: 5151 San Felipe, Suite 647 Address: 500 Washington Avenue
Houston, TX 77506 Portland, ME 04103
Telephone: 713 989-8515
Telephone: 336 468-6340
Size and Location of Property (Waterbody, Highway name/number, town, etc.}: Duke Energy Gas
Transmission the proposed Patriot gas pipeline project, located between NC 87 east to south of the
intersection of NC 770 and Cascade Creek, adjacent to Martin Creek, Smith River, Cascade Creek,
and Dry Creek, near Eden, in Rockingham County, North Carolina.
Description of Activity: Proposed gas pipeline project resulting in approximately 4.42 acres of
temporary impacts to the jurisdictional waters of Martin Creek, Smith River, Cascade Creek, and
Dry Creek. Vegetation will be permanently altered within a 75-foot wide corridor through 2.69
acres of wetland. However, wetland hydrology will be maintained within this 75-foot wide corridor.
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
X Nationwide Permit Number NWP 12
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and or appropriate legal action.
This Department of the Army Regional General / Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Cor s of Engineers regulatory program,
please contact John Thomas at telephone nump919) 876-8i ext?ion 25.
Regulatory Project Manager Signature
Date Januarv 14 2002 Expiration ?iaibnr 14 2004
SURVEY PLATS, FIELD SKETCH, * ETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
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DRAWING No. REFERENCE TITLE
NO. DATE REVISION REV. CKD. APR. File No.:
DRAWN BYE
uKe
A?0 APPROVED BY
O.C.: DEnorgy®
COORD.: East Tennessee Natural Gas Company
SUPERVISOR: 5400 ¦estheimer CL. Houston, TX 77056-5310 713/027-5400 DATE: 10-6-2003 MANAGER
DESIGN: PATRIOT PROJECT - EXTENTION
Access Road
DISC. ENGR.
PROJ
ENGR
: SEGMENT 4
.
.
OPER. APPR.: NORTHEAST EDEN QUAD EXCERPT
SCALE: 1"=2000' NORTH CAROLINA
ROCKINGHAM COUNTY PAR-S4-2
PROJECT I.D. ,
FLUME PIPE
GRAVEL
OR OTHER
PERVIOUS
MATERIAL -
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PLAN VIEW
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SILT FENCE AND /OR
STAKED STRAW BALES
O O O O O O O O O O O O O O O
-10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
(Q) A
ACCESS ROAD WETLAND AREA ACCESS ROAD
CROSS SECTION
N.T.S.
PERMANENT ACCESS
THROUGH W TLAND AD
Pipeline
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WETLAND AREA G2-03
(0.01 Ac.)
Access Road
PAR-S4-2
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1880 S.Dairy Ashford Rd., Ste. 300
Houston, Texas 770774760
Phone: (281) 493-5 100 fax: (281) 493-1047
Proposed Wetland Impacts
Associated with Access Road PAR-S4-2
Patriot Project
Rockingham County, North Carolina
Prepared for: East Tennessee Natural Gas
JOD NO.: 4tiUWJ1 Scale: 9" = 7UU'
Prepared bv: PBSU Date: October 2003
File:
0
ME771 AWN ADCA !]O !14
November 14, 2002
CERTIFIED MAIL: 70012510 00014778 5345
Return Receipt Requested
Dennis Newcomer
East Tennessee Natural Gas
1575 Downtown West Boulevard
Knoxville, TN 37919
SUBJECT: APPROVAL of 401 Water Quality Certification
Patriot Project
DWQ Project # 01 1821
Rockingham County
Dear Mr. Newcomer:
You have our approval, in accordance with the attached conditions (WQC #3374), to
impact 1.45 acres of wetland and 1950 linear feet of stream channels in the Roanoke River Basin
for the purpose of constructing the Patriot Project natural gas pipeline in Rockingham County.
The activity must be conducted as indicated in your application received on November 30, 2001
and additional correspondence received on October 28, 2002 and November 8, 2002.
This approval is only for the impacts listed above and for the activities that you described
in your application and accompanying documentation and the additional correspondence. We
have determined that General Water Quality Certification Number #3374 covers this fill activity.
This Certification allows you to use Nationwide Permit Number 12 when issued by the US Army
Corps of Engineers. Please keep in mind that there may be additional Federal, State and Local
regulations applicable to your project, such as the Sedimentation and Pollution Control Act,
Non-Discharge and Water Supply Watershed Regulations, whereby you may be required to
obtain permits and/or approvals prior to beginning your project. In addition, this approval will
expire when the accompanying 404 Permit expires unless otherwise specified in the General
Certification.
If you change your project, you must notify the Division in writing and you may be
required to submit a new application for a new Certification. If the property is sold, the new
owner must be given a copy of the Certifications and approval letter and is thereby responsible
for complying with all conditions.
If total wetland fill for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H.0506(h).
01 1821
Page 2
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 from the date of receipt of this letter. To
request 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,
NC 27699-6714. This Certification and its conditions are final and binding unless you request a
hearing.
This letter completes the review of DWQ Project #01 1821 by the Division of Water
Quality under Section 401 of the Clean Water Act. If you have any questions, please contact
Mrs. Jennifer Frye at 336-771-4600, ext. 275 or Mrs. Cyndi Karoly at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
Attachments: GC # 3374 (3/18/02), COC
cc: Raleigh Regulatory Field Office, USACE
Wetlands/401 Unit Central Office
Central Files
WSRO
Triage Check List
Date: io • Z9 • O? Project Name: O A19 O-r
DWQ#: _o2_172 t)
)L E C1 F 0 P Y
1
County: RoC.tw? q t-}-
To: ? ARO. Mike Parker ? WaRO Deborah Sawyer
? FRO Ken Averitte ? WiRO Joanne Steenhuis
? MRO Mike Parker ? WSRO Jennifer Frye
? RRO Steve Mitchell
From: ` k pw bogoLA/ Telephone : (919)33 • g6 Lf &
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
tre:length impacted
Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
ation/avoidance issues
El Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
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An employee-owned company
October 25, 2002
FILE COPY
Mr. John Dorney
North Carolina Division of Water Quality i`
401 /Wetlands Unit'
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-22604
Dear Mr. Dorney:
Re: Patriot Project - FERC Docket No. CPO 1-415-000
Section 401 Water Quality Certification
DWQ Project No. 01-1821
PN 460591.00
PBS&J has been contracted by East Tennessee Natural Gas Company (ETNG) to obtain
environmental clearances/consultations for the Patriot Project. ETNG received a letter from you
dated January 29, 2002 (enclosed), stating that because this project deviates from some of the general
conditions stipulated in General Certification (GC) 3374, we would need to obtain written
concurrence for water quality certification from your office. This letter also stated that the Division
of Water Quality (DWQ) would ask the U.S. Army Corps of Engineers to place the project on hold
(NWP 12, issued 1/14/02) until this written concurrence was obtained. Therefore, we are submitting
this application package to you to obtain your written concurrence for variances from GC 3374.
Enclosed for your review is the following information:
Pre-Construction Notification Application Form
Copy of NWP 12 for the Patriot Project, Rockingham County, N.C.
- Attachment A - Project Scope in North Carolina
- Table 1 Waterbodies Crossed by the Patriot Project in North Carolina
- Table 2 Wetlands Crossed by the Patriot Project in North Carolina
- 8.5 x 11 U.S.G.S Topographic Map Quad Excerpts
General Certification #3374 - Level of Compliance and Variance Requests
March 25, 2002, NCDWQ and ETNG Meeting Minutes
' ZOOZ 8 Z 1?0 i
1880 S. Dairy Ashford St., Suite 300 • Houston, Texas 77077-4760 • Telephone: 281.493.5100 • Fax: 281.493.1047 • www.pbsj.com
Mr. John Dorney
Page 2
October 25, 2002
Also enclosed is a check (#4603423) in the amount of $475.00 for the application fee as stated in
your January 29, 2002, letter. Thank you for your attention to this matter. If you have any questions
or require additional information, please contact Brandy Lim or me at (281) 493-5100.
Very truly yours,
PBS&J
Joey Mahmoud
Project Manager
JM: sal
Enclosures
George Burch, Chief
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, N.C. 27615
Angella Martell - ETNG
Glen Morrow - ETNG
Dennis Newcomer - ETNG
Pat Patterson - TRC
460591.00
Office Use Only: Form Version May 2002
USACE Action ID No. 200220425-200220428 DWQ No. 01-1821
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12 issued 1/14/02,
see attached.
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Dennis Newcomer, East Tennessee Natural Gas
Mailing Address: 1575 Downtown West Blvd.
Knoxville. TN 37919
Telephone Number: (865) 560-6345 Fax Number: (865) 560-6347
E-mail Address: ddnewcomer@duke-energy.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Joey Mahmoud
Company Affiliation: PBS&J
Mailing Address: 1880 South Dairv Ashford, Suite 300
Houston TX 77077
Telephone Number: (281) 493-5100 Fax Number: (281) 493-1047
E-mail Address: jmahmoud@pbsj.com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Patriot Project
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Rockingham Nearest Town: Eden
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Travel west on Hwy 770 from
Draper North Carolina approximately 2 miles to the intersection of the proposed pipeline.
5. Site coordinates, if available (UTM or Lat/Long): Please refer to Tables 1 and 2
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Approximately 100.33 acres will be affected in North Carolina by the
construction of the proposed project This includes approximately 99.13 acres for the Patriot
Extension 1 1 acre for the Transco Meter Station, and 0.1 acre for a mainline valve.
7. Nearest body of water (stream/river/sound/ocean/lake): Please refer to Tables 1 and 2 (see
attached)
8. River Basin: Roanoke River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 13
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: undisturbed upland forest, pasture and agriculture.
10. Describe the overall project in detail, including the type of equipment to be used:
Please see Attachment A (enclosed)
11. Explain the purpose of the proposed work:
Please see Attachment A (enclosed)
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE NWP 12, Action ID #200220425-200220428, issued 1/14/2002
DWO Project No. 01-1821
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The construction of a 16-inch diameter lateral for approximately 0.36 mile will extend from the
24-inch diameter mainline and will be referred to as the Henry County Power Lateral. However,
this portion of the project has been delayed at the request of ETNG's shipper, Henry County
Power LLC. This lateral will not be constructed nor permitted at this time, and will be the
subject of a separate filing at a later date.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
Page 7 of 13
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Construction of the proposed project
will require 21 warm water stream crossings and four wetland crossings. Of the 21 stream
crossings one stream (Smith River) will be crossed utilizing the horizontal directional drill
(HDD) technique thus avoiding any impacts to the stream crossing. The remaining 20 stream
crossings will be crossed utilizing dry crossing methods. These methods are designed to
maintain downstream flow at all times and isolate the construction workspace from the
stream flow by channeling the water through a flume pipe or damming the flow and pumping
the water around the construction area. The four wetland crossings identified within the
project area include palustrine emergent (PEW palustrine scrub/shrub (PSS), and palustrine
forested wetlands (PFO). All PEM and PSS wetland impacts will be temporary in nature.
Impacts to PFO wetlands will result in the conversion of PFO wetlands to PEMIPSS
wetlands U .S. Army Corps of Engineers granted ETNG NWP 12 authorization on 1/14/02.
A copy of the permit is enclosed for review.
2. Individually list wetland impacts below: Please refer to Table 2 (attached)
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Please refer to Table 2 (attached)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, rill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.45 acres
Total area of wetland impact proposed: 1.45 acres
Page 8 of 13
3. Individually list all intermittent and perennial stream impacts below: Please refer to
Table 1 (attached)
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
( leases eci )
Please refer to Table 1 (attached)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com
www.mg uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 20 streams (does not
- include-the-Smith River-being-crossed via HDD) x 100 right-of-way = 2000 linear feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Page 9 of 13
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
ETNG considered several route options during the development of the proposed project.
Several factors were considered including the use of existing pipeline or electric power
transmission corridors avoidance of park lands and public use areas such as cemeteries,
hazardous waste sites landfills etc.; avoidance of rock outcrops and severe terrain; minimization
of wetland and waterbody crossings and designated wildlife habitats; and minimizing impacts on
landowner property. Results of the analysis revealed that there are no existing pipeline corridors
between the ETNG mainline near Wytheville VA and the Transco Mainline in Eden, North
Carolina The Eden Route would be approximately 0.2 mile shorter, cross the same number of
cads-and-streams; however-it-would be located adjacent to an unmapped trailer park, resulting
in approximately 18 residences within 50-feet of the construction right-of-way. Based on these
results this alternative was removed from consideration.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
Page 10 of 13
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
ht!p://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A - All impacts will be temporary and minimized to the maximum extent practicable.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
_ __xo_submittal__of a PCN_-For._additional_information-mgarding the application process for the
NCWRR, check-the NCWRP website at htip://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes E] No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
Page 11 of 13
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet. and acreage of impact to each zone of. the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total 1 :1
* Zone 1 extends out 3U feet perpendicular from near bank of channel; Gone L extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There will be no impervious surface constructed in the project area. ETNG will have its Erosion
and Sedimentation Control Plan reviewed and approved by the NC Division of Land Resources
prior to construction.
Page 12 of 13
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XM. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
lo- 2.3 -o
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
• ? ,tee,`
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200220425-200220428 County: Rockingham
GENERAL PERMIT REGIONAL AND NATIONWIDE VERIFICATION
Property Authorized
owner: Duke Energy Gas Transmission Agent: Duke Engineering & Services
c/o Debbie Rios Gil Paquette
Address: 5151 San Felipe, Suite 647 Address: 500 Washington Avenue
Houston, TX 77506 Portland, ME 04103
i Telephone: 713 989-8515 Telephone: 336 468-6340
Size and Location of Property (Waterbody, Highway name/number, town, etc.): Duke Energy Gas
Transmission the proposed Patriot gas pipeline project, located between NC 87 east to south of the
intersection of NC 770 and Cascade Creek, adjacent to Martin Creek, Smith River, Cascade Creek,
and Dry Creek, near Eden, in Rockingham County, North Carolina.
Description of Activity: Proposed gas pipeline project resulting in approximately 4.42 acres of
temporary impacts to the jurisdictional waters of Martin Creek, Smith River, Cascade Creek, and
Dry Creek. Vegetation will be permanently altered within a 75-foot wide corridor through 2.69
acres of wetland. However-, wetland hydrology will be maintained within this 75-foot wide corridor.
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
X Nationwide Permit Number NWP 12
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and or appropriate legal action.
This Department of the Army Regional General / Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regar ing the Cor s of Engineers regulatory program,
please contact John Thomas at telephone num V I(919) 876-8 , exte ion 25.
Regulatory Project Manager Signature .
SURVEY PLATS, FIELD SKETCH, . ETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF:
f) NA
rFi9 Michael F. Easley
Q Governor
r William G. Ross, Jr., Secretary
> Department of Environment and.Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
' Division of Water Quality
January 29, 2002
Rockingham County
DWQ Project No. 01-1821
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Debbie Rios
Duke Energy Gas Transmission
5151 San Felipe, Suite SP 647
Houston, TX, 77506
Dear Ms. Rios:.
On November 30, 2001, the NC Division of Water Quality (DWQ) received a copy of your application for a 404 Permit
(Nationwide Permit 12) for the proposed East Tennessee Natural Gas Company Patriot Project in Rockingham County,
North Carolina. Based upon our review of the application, we have concluded that a formal application to the North Carolina
Division of Water Quality and written approval of a 401 Water Quality Certification is required. Specifically, please provide
the following materials so that we can complete our review of your application:
1. You are requesting greater width for construction corridors and permanent right-of-ways/maintenance corridors
than General Certification 3288 (copy attached) allows. Condition No. 1 of GC 3288 states that "Activities covered
by this General Certification do not require written concurrence from the Division of Water Quality as long as they
comply with all conditions of this General Certification and the conditions of Nationwide 12 or Regional Permit
198100049 as appropriate. Any condition in this Certification which the applicant believes cannot be met requires
an application and written concurrence from DWQ." Please carefully review GC 3288 and determine which
conditions you cannot comply with, and detail those conditions in your application. Please note that you must
provide justification for each condition for which you are requesting deviation from a standard condition of GC
3288. We strongly suggest that you attempt to modify the project design to meet the standard conditions of GC
3288 rather than requesting variance from these conditions;
2. Since written concurrence will be required for this project, a formal application for 401 Water Quality Certification
must be submitted. The procedures for this application are outlined on our web site at
hftp://h2o.enr.state.nc.us/ncwetlands. Please be sure to provide seven (7) copies of all application materials,
along with the application fee of $475.00, made payable to the NC Division of Water Quality.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A
NCAC 2H.0507(h)).
Thank you for your attention. If you have any questions, please Cyndi Karoly in our Central Office in Raleigh at (919)
733-9721.
Attachment
cc: Corps of Engineers Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
File Copy
IV Central Files
Gil Paquette, 500 Washington Avenue, Portland, ME, 04103
hn Dorney
FEB - 4 2001
I?
011821
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree E?vd., Raleigh, NC 27604-2260 (Location)
n.n' - -- ----- , n.n -11 CO- i[....\ 1..--...ten- ..-•- -- __ -
Attachment A
East Tennessee Natural Gas Company (ETNG) plans to expand its existing natural gas
pipeline facilities through Tennessee and Virginia to a new terminus near Eden, North
Carolina. This project will ultimately transport 510 million cubic feet a day of natural
gas. The project is designed to serve the growing natural gas demand in the southeast,
enhance the regional supply basin, and bring natural gas supply to the areas that currently
have none. The Patriot Project will consist of two components, the Mainline Expansion
and the Extension. ETNG is proposing to construct the Patriot Project over a period of
27 months beginning in November 2002 and ending January 2005. The proposed
activities located in North Carolina are only associated with the Extension. The
Extension is a new 24-inch diameter pipeline that, in North Carolina includes
construction of 7.91 miles of new welded steel pipe in Rockingham County, construction
of a meter station at the interconnection between the 24-inch diameter Extension and the
existing Transcontinental Gas Pipeline Corporation (Transco) mainline in Rockingham
county (Transco Meter Station), and the construction of a mainline valve.
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DRAWING NO. REFERENCE TITLE
. DATE REVISION REV. CKD. APR. File No.: SHEET 3 OF 6
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DRAWN BY. C&C 10 02 kaka APPROVED BY
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East Tennessee Natural Gas Company
SUPERVISOR: wr..r. CL x o...e.rxTrossssw 710/fa7-5e00 ATE: MANAGER
DESIGN: PATRIOT PROJECT - EXTENSION
DISC. ENGR,: East Tennessee Natural Gas Co
PROJ. ENGR.: SEGMENT 4
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DRAWING NO. REFERENCE TITLE
NO. DATE REVISION REV. CKD. APR. File NO.: SHEET 4 OF 6
RAWN BY: C&C 10 02 APPROVED BY
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SUPERVISOR: l400WYwW.rCL > -PN.Tx ss> na/?s ATE: MANAGER
DESIGN: -PATRIOT PROJECT - EXTENSION DISC. ENGR.: East l meldensSee Natural Gas Co
PROD. ENGR.: SEGMENT 4
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DRAWING NO, REFERENCE TITLE
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DRAWN BY; C&C 10/02 APPROVED BY
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DESIGN: PATRIOT PROJECT - EXTENSION
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ROJ- ENGR.- SEGMENT 4
ER. APPR.:
NORTHEAST EDEN QUAD EXCERPT
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ETE-040-TSE04-1-3 NORTHEAST EDEN QUADRANGLE
DRAWING NO. REFERENCE TITLE
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DISC. East Tennessee Natural Gas Co
EN GR.' SEGMEN T 4
APPR. NORTHEAST EDEN QUAD EXCERPT
2000
E ETA_X40-T S EG4-1 -f
I.D.: 1500
RCOECT 327 ROCKINGHAM COUNTY NORTH CAROLINA
General Certification 3374- Level of Compliance and Variance Requests
Each condition has been re-stated in the same sequence as listed in GC 3374, followed by
the level of compliance of ETNG for the Patriot Project. For each condition that ETNG
cannot meet or requires deviation for construction, justification for the deviation is
provided. Each of these deviations was discussed at the March 25, 2002 meeting between
NCDWQ and ETNG (meeting minutes enclosed).
Condition #1 - Activities covered by this General Certification do not require written
concurrence from the Division of Water Quality as long as they comply with all
conditions of this General Certification and the conditions of Nationwide 12 or Regional
Permit 198100049 as appropriate. If any condition in this Certification cannot be met,
application to and written concurrence from DWQ are required. Also, Condition No. 6 is
applicable to all streams in basins with riparian area protection rules.
Response - All conditions of General Certification 3374 cannot be met. Therefore,
written concurrence from the DWQ is required for the Patriot Project.
Condition #2 - In accordance with North Carolina General Statute Section 143-
215.3D(e), any request for written concurrence for a 401 Water Quality Certification
must include the appropriate fee. If a project also requires a CAMA Permit, one payment
to both agencies shall be submitted and will be the higher of the two fees.
Response - In accordance with North Carolina General Statute Section 143-215.3D(e),
the appropriate fee of $475.00 is submitted with this application for written concurrence
of a 401 Water Quality Certification. The Patriot Project does not require a CAMA
Permit.
Condition #3 - In accordance with 15A NCAC 2H.0506(h) compensatory mitigation may
be required for stream andlor wetland impacts. Streamside buffer mitigation may be
required for any project with Buffer Rules in effect at the time of application for buffer
impacts resulting from activities classified as "allowable with mitigation" within the
"Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made by
DWQ for any Certification involving written concurrences including those for relevant
Buffer Rules.
Response Given the project's location, buffer rules are not applicable for this project.
Condition #4 - The edge of the construction corridor shall not be installed parallel to
and closer than 10 feet (3 meters) to a stream and 25 feet in waters classified as HQW.
Utility lines shall not cross a stream channel at other than a near perpendicular
direction (i.e., stream channel crossings shall not be at an angle of less than 75 degrees
or more than 105 degrees to the stream bank).
GC 3374 - Level of Compliance and Variance Requests
Page 2 of 6
Response - Based on current construction plans, ETNG will maintain at least 15 feet of
undisturbed vegetation between the waterbody and the ROW except at the crossing
location. As currently proposed, one waterbody (Tributary to Smith River [3]) parallels
the construction ROW within 10- feet of the stream bank for about 100 feet. At this
crossing, the pipeline construction ROW parallels an existing utility line corridor. ETNG
requests a deviation from this standard condition in order to parallel the existing utility
line corridor. As a mitigative measure, ETNG will install silt fence along the edge of the
construction ROW, where the waterbody is parallel within 10 feet, following clearing,
and maintain the silt fence until the ROW is stabilized.
No waters classified as HQW are crossed by the Patriot Project or are within 25 feet of
the construction corridor.
Based on current construction plans, all crossings will be constructed at an angle between
75 degrees and 105 degrees of the stream bank and as close to perpendicular to the axis
of the waterbody channel as practicable.
Condition #5 - Any wastewater line that crosses any stream shown on the most recent
version of the 1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as
permanent or intermittent shall be installed with no joints connected within the footprint
of a stream channel or within 2 feet of the stream banks. Otherwise, written concurrence
from DWQ is required.
Response - Not applicable.
Condition #6 - Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and
Catawba River Basins (or any other river basins with Buffer Rules in effect at the time of
application) requires written concurrence from DWQ in accordance with 15A NCAC
2B.0233, .0259, .0250 and .0243. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development
activities located in the protected 50 foot wide riparian areas (whether jurisdictional
wetlands or not) within the Neuse, Tar-Pamlico and Randleman River Basins shall be
limited to "uses" identified within and constructed in accordance with 15A NCAC 2B
.0233, .0259, .0250 and .0243. All new development shall be located, designed,
constructed, and maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices.
Response - Not applicable - the Patriot Project is located within the Roanoke River
Basin.
Condition #7 - Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the state until the concrete has hardened.
Response - Only hardened concrete will be placed within waters of the state.
GC 3374 - Level of Compliance and Variance Requests
Page 3 of 6
Condition #8 - Herbicides can be applied in wetlands or other waters only when applied
by a certified applicator, and in strict accordance with product labeling.
Response - Herbicides or pesticides shall not be used in or within 100 feet of a wetland
or waterbody, except as authorized by the appropriate land management or state agency.
Condition #9 - Placement of rip rap is restricted to the stream bottom and banks directly
impacted by the placement of the utility line. Rip rap may only be used below the normal
high water level. The stream cross section must be restored to its original grade and
elevation. Placement of rip rap or other materials shall not result in de-stabilization of
the stream bed or banks upstream or downstream of the crossing.
Response - ETNG will comply with this condition.
Condition #10 - That appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the "North Carolina Sediment and
Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining
Manual" whichever is more appropriate (available from the Division of Land Resources
(DLR) in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and maintenance
of such Best Management Practices in order to assure compliance with the appropriate
turbidity water quality standard.
Response - Prior to construction, ETNG's Erosion and Sedimentation Control Plan will
be reviewed and approved by the NC Division of Land Resources.
Condition #11 - All sediment and erosion control measures placed in wetlands or waters
shall be removed and the original grade restored within two months after the Division of
Land Resources has released the project.
Response - All waterbodies and wetlands will be restored to preconstruction contours
and all temporary sediment barriers will be removed when there is uniform 70%
vegetative coverage in adjacent upland areas and within two months after the NCDLR
has released the project.
Condition #12 - Annual native species suitable for wet locations shall be planted and
established within jurisdictional wetlands for soil and erosion control. Perennials such
as fescue are prohibited.
Response - Grading will be prohibited in all wetland areas. In addition, the top 12 inches
of topsoil along the trenchline within wetlands will be segregated to preserve the natural
seed bank. Once the pipeline is installed, the topsoil will be placed back to its original
contours and the wetland will be allowed to revegetate naturally. ETNG requests the use
of annual ryegrass to seed wetlands. No fescue or other perennials will be used for
seeding wetlands.
GC 3374 - Level of Compliance and Variance Requests
Page 4 of 6
Condition #13 - No fertilizer shall be applied within 10 feet (3 meters) of streams. Any
fertilizer application must comply with all other Federal, State, and Local regulations.
Response - ETNG will comply with this condition.
Condition #14 - The construction corridor (including access roads and stockpiling of
materials) is limited to 40 feet (12.2 meters) in width in wetlands and across stream
channels and must be minimized to the maximum extent practicable.
Response - To install the pipeline safely, construction activity and ground disturbance
will be confined to a construction ROW width of 75 feet in wetland areas and 100 feet for
waterbody crossings, unless the waterbody is located within a wetland, where the ROW
width would be 75 feet. The machinery used to install the pipeline could be up to 20 feet
in width and a 40-foot construction corridor would not allow enough area for spoil
storage, equipment passage, trench excavation, and pipe fabrication along the ditch.
ETNG requests a 75-foot ROW in wetlands and a 100-foot corridor at waterbody
crossings that are not located within wetlands to provide enough width for safe pipeline
construction, adequate spoil storage, and successful restoration.
Condition #15 - Permanent, maintained access corridors shall be restricted to the
minimum width practicable and shall not exceed 10 feet (3 meters) in width except at
manhole locations. A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle
turnaround must be spaced at least 500 feet (152.4 meters) apart. Written concurrence is
required if the maintenance corridor is greater than 10 feet (3 meters) wide except that a
maintenance corridor larger than ten feet is acceptable for gas pipelines as long as
mitigation is provided for additional wetland fills to the maintenance corridor beyond
those widths specified in this General Certification.
Response - ETNG will comply with this condition. No permanent wetland fills are
anticipated.
Condition #16 - An anti-seep collar shall be placed at the downstream (utility line
gradient) wetland boundary and every 150 feet (45.7 meters) up the gradient until the
utility exits the wetland for buried utility lines. Anti-seep collars may be constructed with
class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall
have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is
attached for the anti-seep collars. The following specifications shall apply to class B
concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
GC 3374 - Level of Compliance and Variance Requests
Page 5 of 6
Response - ETNG requests the use of bentonite clay as material for anti-seep collars.
ETNG will install anti-seep collars made of bentonite clay or other material as listed
above at the downstream gradient of a wetland.
Condition #17 - This General Certification does not authorize any permanent changes in
pre-construction elevation contours in waters or wetlands or stream dimension, pattern
or profile. The permittee will have a specific plan for restoring wetland contours. Any
excess material will be removed to a high ground disposal area.
Response - ETNG will comply with this condition.
Condition #18 - If an environmental document is required, this Certification is not valid
until Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by
the State Clearinghouse.
Response - Not applicable.
Condition #19 - Stormwater management will not be required for this Certification as
long as all other conditions are met. However, in the twenty coastal counties, the
appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater
Regulations still apply.
Response - Although ETNG is requesting variances to some of the GC 3774 conditions,
stormwater management should not be required for this Certification. Furthermore, the
Patriot Project is not located in one of the 20 coastal counties, therefore, this portion of
the condition is not applicable.
Condition #20 - Compensatory mitigation (i.e., restoration, creation or preservation) for
wetland losses will not be required for this Certification if written concurrence is not
needed.
Response - Not applicable.
Condition #21 - Payment of a dollar per acre figure into the Wetland Restoration
Program for these impacts is acceptable when compensatory mitigation is required as
long as the Wetland Restoration Program agrees in writing to accept this payment.
Other mitigation plans must receive written DWQ concurrence.
Response - Not applicable.
Condition #22 - This Certification does not relieve the applicant of the responsibility to
obtain all other required Federal, State, or local approvals.
GC 3374 - Level of Compliance and Variance Requests
Page 6 of 6
Response - ETNG has already obtained Department of the Army Regional
General/Nationwide Permit #12 for the Patriot Project. ETNG will obtain all other
required federal, state, or local approvals or authorizations prior to performing any
construction related activities.
Condition #23 - Additional site-specific conditions may be added to projects for which
written concurrence is required or requested under this Certification in order to ensure
compliance with all applicable water quality and effluent standards.
Response - No response from ETNG is requested or required.
Condition #24 - Concurrence from DWQ that this Certification applies to an individual
project shall expire three years from the date of the cover letter from DWQ or on the
same day as the expiration date of the corresponding Nationwide 12 or Regional Permit
198100049 whichever is sooner.
Response - ETNG will comply with this condition.
Condition #25 - When written concurrence is required, the applicant is required to use
the most recent version of the Certification of Completion form to notify DWQ when all
work included in the 401 Certification has been completed.
Response - ETNG will comply with this condition.
x
PATRIOT PROJECT MEETING MINUTES
LOCATION: North Carolina Department Of Water Quality, Raleigh, North Carolina
DATE: March 25, 2002
PURPOSE: To discuss ETNG's level of compliance with and any required deviations from
the conditions of the General Certification (GC) 3374 from the Division of Water
Quality (DWQ).
ATTENDEES: Cindy Karoly (DWQ)
Todd St. John (DWQ)
Angella Martell (ETNG)
Glen Morrow (ETNG)
Gil Paquette (DE&S)
Joe Schaeffer (DE&S)
DISCUSSION SUMMARY
• ETNG plans to conduct all crossings within the state of North Carolina as either a dry crossing or a
horizontal directional drill (Smith River). However, if field conditions warrant a wet crossing, ETNG
would like permission to conduct a wet crossing. DWQ suggests that ETNG specifically address this
request within the application.
• If ETNG crosses an intermittent stream where there is "no flow," ETNG would like to perform a wet
crossing at that particular stream. All sediment barriers and flume pipe(s) will still be used at the
w_ crossing. DWQ did not indicate that this would be a problem.
• During any waterbody crossings, the turbidity standard (50 NTUs regardless of the baseline) cannot
be exceeded. No monitoring is required in the state of North Carolina.
• DWQ has 60 days upon receipt to review an application and prepare a response to the applicant. That
response may be the 401 Certification or a request for further information. Turnaround time is often
only 2-3 weeks for well-prepared, straightforward applications not requiring Regional Office review.
Send the application to Cindy Karoly's attention and reference this meeting in the cover letter.
The following information was discussed for each of the following general conditions:
GC #3 - Buffer rules are not applicable for this project given the project's location.
GC #4 - Installing silt fence is an acceptable sediment barrier to protecting a parallel stream that is
located within 10 feet of the pipeline construction ROW.
GC #12 - DWQ requires that no fescue be used in wetlands. ETNG can request to use annual ryegrass as
the wetland seed mix.
GC #14 - ETNG needs to apply for a 75-foot construction ROW at wetland crossings and 100 ft at
waterbody crossings. DWQ said that ETNG should list all of the sites for clarity (9 wetland crossings and
10 waterbody crossings).
GC #15 - This condition references a roadbed. It doesn't really apply to a vegetated gas pipeline ROW
maintenance corridor.
s
GC #16 - If there is a down-gradient in the wetland (i.e. perched wetland), ETNG will be required to use
anti-seep collars to keep from draining the wetland. ETNG can use sandbag trench plugs anywhere else.
Bentonite clay should be satisfactory as an anti-seep collar, but needs to be requested specifically in the
application.
GC #21 - This condition is not applicable given that there is no permanent wetland fill or loss of wetland
acreage as a result of this project.
GC #23, 24, and 25 - No response is necessary.
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