20200692 Ver 1_401 Application_20200526

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version* 1
20200692
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Alan Johnson:eads\adjohnson1
Select Reviewing Office:* Mooresville Regional Office - [phone]
Submittal Type:*
401 Application
Does this project require a request for payment to be sent?
r
Yes
r
No
How much is r $240.00
owed?* r $570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: r
New Project
r
New Project w Existing ID
r
Pre -Application Submittal
r
More Information Response
r
Other Agency Comments
r
For the Record Only (Courtesy Copy)
r
Stream or Buffer Appeal
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: Shanna Cahill
VUio is submitting the inforrration?
Email Address: [e-mail]
Project Information
Project Name: Colonial Pipeline Company - Charlotte Facility- NWP 27
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Mecklenburg
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
USACE OnlineSubmit NWP 27
15.44MB
PCN CharlotteFacility_5-19-20PT2.pdf
PCN Checklist Charlotte Facility_DWR.pdf 88.45KB
Zoomed In —USDA NRCS Soils Map.pdf 2.24MB
Zoomed —Out —USDA NRCS Soils Map.pdf 2.36MB
Only pdf or lm7 files are accepted.
Describe the attachments:
Pre -construction Notification (PCN) Nationwide Permit No. 27, DWR Checklist, Bound Soils Map

Sign and Submit
V By checking the box and signing box below, I certify that:
a I have given true, accurate, and complete information on this form;
a I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
a 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');
a I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
o I intend to electronically sign and submit the online form."
Signature:
q ]4CSIt' Cal
Submittal Date: 5-26-2020
Is filled in autorratically.

Version 1.4
January 9, 2009
401 & Buffer Permitting PCN Submittal Checklist

The application fee (Checks may be made out to “N.C. Division of Water Resources”
- $240.00 for 401 Water Quality Certification with minor impacts
- $570.00 for 401 Water Quality Certification with major impacts
- Express Review Fee (Amount requested on Acceptance Letter)

Four (4) complete and collated copies of the PCN Application and supporting
documentation (instead of providing 4 copies of the full size plans you may provide two
copies of full size plans along with two copies of 11 X 17 plans)

N/A Stormwater Management Plan (if applicable – see PCN Form Help File Section E)
1) Please provide three (3) copies of the stormwater management plans along with all
supporting information pertaining to this project including the following:
a. Entire site development/layout plans delineating all drainage areas;
b. Design calculation sheets for all proposed BMP(s) sized for both on-site and
off-site drainage;
c. BMP supplements for each proposed BMP and Required Items Check List
(http://portal.ncdenr.org/web/lr/bmp-manual) along with all required items;
d. A Notarized Operation & Maintenance Agreement for each stormwater
management facility;
e. Detailed construction drawing sheets shall include
(i) Erosion and sediment control plans;
(ii) Installation and planting schedules for the proposed BMPs;
(iii) Appropriately scaled plan views and cross sectional details of all
BMPs and associated components – inlet and outlet structures,
forebay, respective zones and pertinent elevations.

N/A If your project is located within a State implemented Riparian Buffer Rule Area, submit the
following along with site plans and PCN form:
1) Three (3) copies of the details for on-site diffuse flow provisions, (refer to
http://portal.ncdenr.org/web/lr/bmp-manual).

N/A DWR Stream Determination Forms for streams on property and DWR determination
letter for wetlands or streams (if applicable).

The following is the most critical of all the information that you must provide. The quality and
detail of the information will often determine the expeditiousness of the review. The following is
a checklist of the types of pertinent information required at a minimum:

Maps and Plans:

The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or
delineate the site boundaries on the topographic map.

The most recent version of the bound and published County NRCS Soil Survey Map -
(required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman
Lake Watershed and the Catawba River Basin, also recommended for all projects) - Please
clearly delineate the site boundaries, etc. on the map. If the delineation obscures any of the
features, it is recommended that a clean copy be provided. Copies of the current soil survey
Version 1.4
January 9, 2009
and/or soil survey map sheets can be obtained from the local NRCS County Office
(http://www.nc.nrcs.usda.gov/). GIS soil layers are not acceptable.

Vicinity map - Please clearly mark the location and approximate boundaries of the property
and project on the map. Please indicate north arrow and scale. Please include applicable road
names or State Road numbers.

The Site Plan - The most critical map to be provided is the site plan. You must provide full
sized plans. The following is the minimum list of plans that are typically needed.

Pre-construction/Pre-existing conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Topographic contours with elevations
• Any existing structures and impervious areas
• Existing utility lines and easements
• Existing roads, culverts, and other pertinent features
• North arrow and the scale (1”:50’ scale is recommended).

Proposed conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Lot layout (if a subdivision or commercial development is proposed) - lots must be
developable without further impacts to jurisdictional and non-jurisdictional wetlands,
streams, water features, and State regulated buffers. Building envelopes must be provided
when streams, wetlands, riparian buffers, or water features exist on a lot
• All built-out structures and impervious cover
• Final grading contours with elevations
• All utilities and easements (including septic fields on all lots within 100 feet of stream,
wetland, or water features - if applicable)
• Impacted areas – these should correspond with the Impact numbers listed on your PCN
form.

N/A Drainage Plans - Final drainage plans must include the following:
• Locations and pertinent elevations and sizes of the stormwater collection system and
drainage ways
• All inlets and outlets must also be shown with pertinent elevations (All outlets to wetlands
must be at a non-erosive velocity, generally less than 2 ft/sec during the peak flow from
the 10-yr storm)
• Scaled stormwater BMPs must also be indicated as required by DWR rules and policies
• In certain cases (see Section E of PCN form), final stormwater management plans must
also be provided (see Stormwater Management Plan Checklist)

Proposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland, stream, water
features, and State regulated buffers must be shown and labeled on the site plans at a scale
no smaller than 1” = 50’. All excavation, fill, flooding, stabilization, and other impacts that will
be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water features,
and State regulated buffers must be indicated. Please provide cross sectional details showing
the provisions for aquatic life passage (burial of culvert 20% for culverts ≤ 48 inches, and 1-
foot for culverts > 48 inches).
Version 1.4
January 9, 2009
Wetland Impacts:

Precise grading and final elevation contours must be provided. Existing vegetation
and any clearing must be specified.

N/A All subsurface utility lines must indicate the location of anti-seep collars.
Construction detail for anti-seep collars must be provided.

N/A Roadway or other crossings of riparian wetlands may require floodway culverts to
maintain existing hydrological conditions.

Plans should show that the hydrology of remaining wetlands on the site will be
maintained.

Stream Impacts:

Stream impacts must be clearly shown on the plans. The centerline as well as the
banks of the stream must be surveyed or located by GPS for the portion of the
stream to be impacted.

N/A The inlet and the outlet of all culverts should be aligned with the stream as much
as possible. Inlet and outlet elevations and streambed elevations should be
indicated. Any inlet or outlet protection must be shown and enumerated on the
impact map(s).

N/A For bottomless culverts or other spans, a vertical cross section should be
provided that shows the minimum distance from each span to each stream bank,
the stream cross section, the height of the span above the stream and the
minimum distance from the edge of each footer to each stream bank.
Additionally, please provide a signed and sealed geotechnical report of
subsurface soils at the proposed bottomless culvert location. The report must
comply with the Division of Highways – Guidelines for Drainage Studies and
Hydraulic Design, prepared by A.L. Hankins, Jr., State Hydraulics Engineer -
1999.

N/A Multiple culverts or sectioned box culverts typically require the use of sills, off-
setting or other means to match the cross section of the existing stream (in order
to maintain stream stability and provide aquatic life passage). A vertical cross
section of the culverts should be shown overlain with the up and downstream
stream cross section including the stream flood-prone area.

N/A Impacts associated with dam construction must indicate and enumerate all fill
associated with the dam footprint, spillway and any bank stream bank stabilization.
The length of stream impounded must also be indicated and enumerated.
Zoomed In
USDA NRCS Soils Map
Project No. 02-041901
±
Colonial Pipeline Company, SE
Charlotte Pipeline Facility
Mecklenburg County, North Carolina
Approximate Review Area
Zoomed Out
USDA NRCS Soils Map
Project No. 02-041901
±
Colonial Pipeline Company, SE
Charlotte Pipeline Facility
Mecklenburg County, North Carolina
Approximate Review Area

May 19, 2020

U.S. Army Corps of Engineers, Wilmington District
Regulatory Division, Ashville Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5005
VIA E-MAIL

Subject: Pre-Construction Notification – NWP 27
Colonial Pipeline Company Restoration
Mecklenburg County, North Carolina
Corblu Project No. 02-041001

Dear Recipient:

Corblu Ecology Group, LLC (Corblu) is pleased to submit a pre-construction notification
(PCN) on behalf of our client, Colonial Pipeline Company (CPC), for the activities associated
with the proposed stream restoration located within CPC’s petroleum pipeline Charlotte
Facility in Mecklenburg County, North Carolina. The use of Nationwide Permit No. 27 (NWP
27 – Aquatic Habitat Restoration, Establishment and Enhancement Activities) is proposed for
stream restoration activities to stabilize and protect the facility entrance road, correct and
prevent ongoing stream bank erosion (i.e., undermine/undercut) that threatens the
referenced access road. The project is located at 7524 Kenstead Circle, Charlotte, North
Carolina (35.283925, -80.932556; Figures 1-4; Photographs 1-4).
Background

CPC is committed to operating their pipelines and support facilities in a manner that protects
the safety of the public, the environment, and its workforce. The proposed stream restoration
project is a component of CPC’s ongoing Integrity Management Program (IMP). The IMP
provides an important means of achieving spill-free, error-free operations. The purpose of
the IMP is to improve/maintain the integrity of CPC’s system – including pipelines, facilities,
equipment, tanks and delivery lines.

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Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
The project site is located within CPC’s existing petroleum pipeline Charlotte Facility which is
comprised of numerous petroleum storage tanks, pumps, valves, pipelines, as well as the
facility’s administrative/operation office. The stream of concern is an unnamed intermittent
tributary to Gum Branch. The unnamed intermittent stream flows west through a culvert at
CPC’s east fence line (Photograph No. 1), into a concrete lined channel, and flows directly
west towards the access road where it takes a 90 degree turn (Photograph No. 2) and flows
north paralleling the access road. The combination of the concrete lined channel’s stream
energy flowing directly at the access road along with the sharp 90 degree turn resulting in
intense erosive forces during high flow events has caused severe erosion of the streambank
and is undercutting the facility access road.

To ensure facility access road integrity which is needed for normal operations as well as
emergency responses, the stream and streambank requires restoration and stabilization
(NWP 27) to prevent continued bank erosion. As designed by Engineering 303, restoration of
the above stream segment [approximately 303 linear feet (LF)] will be accomplished using
“natural channel design” and construction techniques (Appendix A).

The site is located within the Mountain Inland Lake – Catawba River watershed (12-digit
hydrologic unit code [HUC] 030501011405; Figure 1). As mentioned above, the project site is
located completely within CPC’s Charlotte Facility which is surrounded by industrial and
residential developments. Soils within the project site are mapped by the U.S. Department of
Agriculture, Natural Resource Conservation Service (NRCS) as Cecil sandy clay loam
(CeD2), Helena sandy loam (HeB), and Pacolet sandy loam (PaE). Heb soil is listed as a
“predominantly nonhydric” hydric soil by the NRCS for Mecklenburg County, North Carolina
(Figure 2).

The waters on the project site were delineated by Corblu personnel on July 19, 2019 and
surveyed by Engineering 303 on March 30, 2020. Based on the results of the field visit and
existing data review, the extent of potentially jurisdictional waters in the subject area are
comprised of an unnamed intermittent tributary to Gum Branch and an emergent wetland
area (Photograph No. 3 and 4; Figure 5; Appendix A). Specifically, Corblu surveyed the
above stream restoration area in accordance with the 1987 Corps of Engineers Wetlands

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Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
Delineation Manual 1 , “Rapanos” guidance 2 , and the appropriate U.S. Army Corps of
Engineers (USACE) Regional Supplement3.

The stream restoration will result in a slight “net gain” of aquatic habitat; i.e., 300 LF to 303
LF of the unnamed intermittent tributary and no significant change to the of emergent
wetland area. Corblu respectfully requests authorization for the above-referenced project
under NWP No. 27 for the CPC Charlotte Facility stream restoration effort (Figure 6;
Appendix A). The appropriate figures and photographs are enclosed for your review.
Nationwide Permit General Conditions Summary
We have provided the following information to document compliance with the USACE, NWP
general and regional conditions. Each condition and subcategory is itemized below. Please
accept this document, the attached Jurisdictional Determination Request (Appendix B),
Preliminary Jurisdictional Determination Form (Appendix C), and the Wetland Determination
Data Forms (Appendix D) as compliance with NWP General Condition 31.

General Condition 1 – Navigation

The proposed stream restoration does not occur within navigable waters.

General Condition 2 – Aquatic Life Movements

The proposed stream restoration will not disrupt the necessary life cycle movement of the
aquatic life indigenous to the project area.

General Condition 3 – Spawning Areas

The proposed stream restoration will avoid spawning areas. The construction sediment and
erosion control plan will prevent physical destruction of any potential spawning areas
downstream of the project site.

General Condition 4 – Migratory Bird Breeding Areas

Migratory bird breeding areas are not known to exist in the proposed stream restoration area;
therefore, breeding areas will be avoided to the maximum extent practicable.

General Condition 5 – Shellfish Beds

The proposed stream restoration is not located within or adjacent to a shellfish bed.

1 Environmental Laboratory. Corps of Engineers Wetlands Delineation Manual. U.S. Army Corps of Engineers,
Washington, D.C. 100 pp. plus appendices. 1987.
2 U.S. Army Corps of Engineers and U.S. Environmental Protection Agency. Clean Water Act Jurisdiction Following the
U.S. Supreme Court's Decision in Rapanos v. United States and Carabell v. United States. December 2, 2008.
3 U.S. Army Corps of Engineers. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Eastern Mountains and Piedmont Region Version 2.0, ed. J.F. Berkowitz, J.S. Wakeley, R.W. Lichvar, C.V. Noble.
ERDC/EL TR-12-9. Vicksburg, MS: U.S. Army Engineer Research and Development Center.

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Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
General Condition 6 – Suitable Material

Suitable material will be used for the proposed stream restoration efforts and all construction
materials will be free of toxic pollutants in toxic amounts.

General Condition 7 – Water Supply Intakes

No activities associated with the proposed stream restoration will occur in the proximity of a
public water supply intake.

General Condition 8 – Adverse Effects from Impoundments

The proposed stream restoration will not result in an impoundment of potentially jurisdictional
waters.

General Condition 9 – Management of Water Flows

The proposed stream restoration will improve flows and in conjunction with the proposed
“natural channel design” and will correct existing bank erosion and sedimentation of
unnamed intermittent tributary to Gum Branch.

General Condition 10 – Fills Within the 100-Year Floodplains

The proposed stream restoration is not located within a 100-year floodplain (Figure 3).

General Condition 11 – Equipment

All heavy equipment will work from upland areas. Equipment to be used will be an excavator
and hand tools.

General Condition 12 – Soil Erosion and Sediment Controls

Best Management Practices and proper erosion and sedimentation controls will be followed
during the proposed stream restoration (Appendix A).

General Condition 13 – Removal of Temporary Fills

Not applicable, any temporary soil piles will be stored in upland areas.

General Condition 14 – Proper Maintenance

The proposed stream restoration will be properly maintained to ensure public safety.

General Condition 15 – Single and Complete Project

The requested PCN is associated with a single and complete project.

General Condition 16 – Wild and Scenic Rivers

The proposed stream restoration is not located in or adjacent to a Wild and Scenic River.

General Condition 17 – Tribal Rights

The proposed stream restoration is not located within or adjacent to a Native American
reservation or nation.

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Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
General Condition 18 – Endangered Species

Corblu conducted a literature and records review of information available from the U.S. Fish
and Wildlife Service (USFWS) concerning the potential occurrence of federally threatened
and endangered species on the project site. Six federally protected species are listed by the
USFWS as potentially occurring in Mecklenburg County, North Carolina : 1) Carolina
heelsplitter (Lasmigona decorate); 2) Northern long-eared bat (Myotis septentrionalis); 3)
harperella (Ptilimnium nodosum); 4) Michaux’s sumac (Rhus michauxii); 5) Schweinitz's
sunflower (Helianthus schweinitzii); and 6) smooth coneflower (Echinacea laevigata).
Additionally, an official IPaC species report (Appendix E) was requested from the USFWS for
the above referenced project area, which listed four of the above referenced species that
could potentially occur within the area: 1) Carolina heelsplitter; 2) Michaux’s sumac; 3)
sunflower helianthus; and 4) smooth coneflower. The IPaC report also stated that there are
no critical habitats within this project area.

The concrete lined unnamed intermittent tributary to Gum Branch does not provide suitable
habitat to support the Carolina heelsplitter. Specifically, the subject stream lacks stable well
shaded stream banks as well as clay/sand/gravel substrate. Further, because the project
area is within an existing and maintained petroleum pipeline facility it has been cleared of all
trees and is continually mowed for required ongoing maintenance activities and therefore
does not support suitable terrestrial habitat for the remaining listed species.

Further, based on the field survey conducted by Corblu on July 19, 2019, no individuals were
observed within the project area for the above listed species and no critical habitat loss is
expected; therefore, no impacts to protected species is anticipated from the proposed
project.

General Condition 19 – Migratory Birds and Bald and Golden Eagle Permits

During our site inspection no Bald or Golden Eagle individuals or nests were observed within
the vicinity of the project location. Further; the proposed stream restoration will not involve
the clearing of any trees; therefore, no impacts to the Bald or Golden Eagles are anticipated
as a result of this project.

General Condition 20 – Historic Properties

Corblu completed a cultural resources literature review on the National Registry of Historical
Places (NHRP) and North Carolina State Historic Preservation Office GIS Web Service
(HPOWEB) for the project site. Based on the information available during the literature
review, no NHRP eligible/listed properties are recorded within the project site. There is an
historic resource in the general vicinity (a distance of approximately 4,000 feet) of CPC’s
Charlotte Facility (Appendix F), but not within the view shed of the NHRP resource. Further
the stream restoration project area was significantly disturbed during the 1960’s construction
of the Charlotte Facility and access road; therefore, any cultural resources that may have
been within the project area are no longer present.

General Condition 21 – Discovery of Previously Unknown Remains and Artifacts

The district engineer will be notified immediately if any historic, cultural, or archeological
remains and/or artifacts are discovered.

General Condition 22 – Designated Critical Resource Waters

No Critical Resource Waters occur on or adjacent to the proposed stream restoration .

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Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
General Condition 23 – Mitigation

Since the proposed project will not result in a loss of aquatic resources and has been
designed to improve aquatic habitat and function, thus no mitigation is proposed. The
proposed stream restoration will result in a net water quality improvement to the subject
stream via reduction in bank erosion and associated sedimentation.

General Condition 24 – Safety of Impoundment Structures

The proposed stream restoration does not include the construction of any impoundment
structures.

General Condition 25 – Water Quality

The North Carolina Division of Water Quality (DWQ) provided a conditional Section 401
Water Quality Certification (WQC) No. 4134 for the use of NWP No. 27 in North Carolina on
March 19, 2017. Individual conditions of WQC No. 4134 are listed below:

NC Division of Water Resources (DWR) Water Quality General Certification No. 4134
General Conditions

Activities meeting any one (1) of the following threshold or circumstances require
written approval for a 401 WQC from the Division of Water Resources (DWR):

a) If any of the conditions of this Certification (listed below) cannot be met; or
Acknowledged; please see our responses below.

b) Any permanent fill into or modification of wetlands and/or waters except
for single and independent stream stabilization or enhancement projects
involving in-stream structures that meet the following criteria
i. Designed based on current natural channel techniques; and
The proposed stream restoration is designed based on
current natural channel techniques.
ii. In-stream structures do not exceed a spacing of three
structure per 100 feet of stream length up to a total of 500
feet of streambank stabilization; or
The unnamed intermittent tributary is a B stream which has
steeper grades, thus exceeding the spacing of three
structure per 100 feet of stream length up to a total of 300 LF
of the proposed stream restoration.

c) Any stream relocation;
Not applicable, proposed stream restoration.

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Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
d) Complete dewatering and drawdowns to a sediment layer related to
pond/dam maintenance or removal; or
Not applicable; the restoration activity does not involve dam maintenance
or removal.

e) Total temporary and permanent impacts to streambanks of greater than
150 feet for bank stabilization projects when non-natural armoring
techniques (e.g., rip-rap, gabion baskets, deflection walls) are utilized; or
The proposed stream restoration is approximately 303 LF.

f) Total temporary and permanent impacts to streambanks of greater than
500 feet for bank stabilization projects when natural armoring techniques
(e.g., sloping, vegetation, geolifts) are used; or.
The proposed stream restoration is approximately 303 LF.

g) Any permanent impacts to waters, or to wetlands adjacent to waters,
designated as: ORW (including SAV), HQW (including PNA), SA, WS-1,
WS-II, Trout, or North Carolina or National Wild and Scenic River.
Not applicable. The proposed stream restoration to the unnamed
intermittent tributary flows into Gum Branch a WS-IV stream.

h) Any permanent impacts to waters, or to wetlands adjacent to waters,
designated as Trout except for bank stabilization projects that qualify for a
Nationwide Permit #13 provided that:
i. The total impacts are less than 100 feet in length;
Not applicable, the proposed project is not located within or
adjacent to designated trout waters.
ii. The project is not adjacent to any other existing stabilization
structures;
Not applicable, the proposed project is not located within or
adjacent to designated trout waters.
iii. All conditions of this General Certification can be met,
including adherence to any moratoriums as stated in Condition
#10; and
Not applicable, the proposed project is not located within or
adjacent to designated trout waters.

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Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
iv. A notification of Work in Trout Watersheds Form is submitted
to the Division at least 60 days prior to commencement of work;
or
Not applicable, the proposed project is not located within or
adjacent to designated trout waters.
i) Any permanent impacts to coastal wetlands [15A NCAC 07H.0205], or
Unique Wetlands (UWL); or
Not applicable. The proposed project is not located near coastal or unique
wetlands.
j) Any impact associated with Notice of Violation or an enforcement actions
for violation(s) of NC Wetland Rules (15A NCAC 02H.0500), NC Isolated
Wetlands Rules (15A NCAC 02H.1300), NC Surface Water or Wetland
Standards (15A NCAC 02.0200), or:
Acknowledged.
k) Any impacts to subject water bodies and/or state regulated riparian buffers
along subject water bodies in the Neuse, Tar-Pamlico, or Catawba River
Basins or in the Randleman Lake, Lake Jordan or Goose Creek
Watersheds (or any other basin or watershed with State Regulated
Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless:
i. The activities are listed as "EXEMPT" from these rules; or
ii. A Buffer Authorization Certificate is issued by the NC Division of
Coastal Management (DCM); or
iii. A Buffer Authorization Certificate or a Minor Variance is issued by a
delegated or designated local government implementing a state
riparian buffer program pursuant to 143-215.23.
Not applicable; the proposed stream restoration is exempt under
15A NCAC 02B .0243 Catawba River Basin: Protection of Existing
Riparian Buffers based on the criteria under condition 3a.
EXEMPTION WHEN USES ARE EXISTING AND ONGOING.
CPC’s Charlotte Petroleum Pipeline Facility and access road are
existing and will remain in use.

I. Activity Specific Conditions:

1. Any repairs or adjustments to the site shall be made according to the approved plans.
Repairs that result in a change from the approved plans must receive written approval
from DWR prior to commencement of repairs. [15A NCAC 02H.0500(h)]

Acknowledged

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Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
2. Written authorization for a compensatory mitigation project does not represent an
approval of credit yield for the project.

Not Applicable. The proposed stream restoration does not require compensatory
mitigation.

II. General Conditions:

1. When written authorization is required, the plans and specifications for the
project are incorporated into the authorization by reference and are an
enforceable part of the Certification. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the
appropriate fee. [15A NCAC 02H.0501 and .0502]
Acknowledged, any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee.

2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond
the footprint of the impacts (including temporary impacts) as authorized in the
written approval from DWR; or beyond the thresholds established for use of this
Certification without written authorization. [15A NCAC 02H.0501 and .0502]
Acknowledged, no waste, spoil, solids, or fill of any kind shall occur in wetlands
or waters beyond the footprint of the impacts (including temporary impacts) as
authorized in the written approval from DWR; or beyond the thresholds
established for use of this Certification without written authorization.

3. Compensatory Mitigation
Not applicable; the proposed stream restoration project will not involve the loss of
150 linear feet of stream and/or greater than one acre of wetlands.

4. All activities shall be in compliance with any applicable State Regulated Riparian
Buffer Rules in Chapter 2 of Title 15A.

Acknowledged; the proposed stream restoration project is exempt under 15A
NCAC 02B .0243 Catawba River Basin: Protection of Existing Riparian Buffers
based on the criteria under condition 3a. EXEMPTION WHEN USES ARE
EXISTING AND ONGOING. CPC’s Charlotte Petroleum Pipeline Facility and
access road are existing and remain in use.

5. Standard Erosion and Sediment Control Practices
Best Management Practices and proper erosion and sedimentation controls will
be followed during the maintenance activity (Appendix A).

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Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
6. No Sediment and Erosion Control Measures in Wetlands or Waters

All erosion control devices will be installed in uplands, and removed as
appropriate.

7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall
not be used along streambanks or within wetlands.
Acknowledged; no plastic mesh or plastic twine erosion control matting has been
proposed for this stream restoration project.

8. An NPDES Construction Stormwater Permit (NCG01000).

Not applicable; the project (0.3-acre) will disturb less than one acre of land.

9. All work in or adjacent to streams shall be conducted so that the flowing stream
does not come in contact with the disturbed area.

Acknowledged, the proposed stream restoration will be conducted so that the
flowing stream does not come in contact with the disturbed area.

10. Activities occurring during periods of high biological activity.

Work will not occur during periods of high biological activity, affect bird nesting, or
in an area where trout, anadromous fish, larval/post-larval fishes, crustaceans, or
other aquatic species of concern occur.

11. Culverts design and installation in Waters and Wetlands.

Not applicable; the proposed stream restoration will not require culverts to be
placed in waters or wetlands.

12. Bridge deck drains shall not discharge directly into the stream.

Not applicable; the proposed stream restoration does not involve the construction
of bridges.

13. Application of fertilizer.

Not applicable; once stream restoration activities are complete, native seed mix
will be used to reseed the disturbed upland areas.

11
Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
14. If concrete is used during the construction, then all necessary measures shall be
taken to prevent direct contact between uncured or curing concrete and waters of
the state.

Not applicable, no concrete is proposed for the proposed stream restoration
project.

15. All temporary fill and culverts shall be removed and the impacted area returned
to natural conditions within 60 days of the determination that the temporary
impact is no longer necessary.

Acknowledged; all temporary fills will be removed within 60 days of completing
the project.

16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams
shall be installed as outlined in the most recent edition of the North Carolina
Sediment and Erosion Control Planning and Design Manual or the North Carolina
Surface Mining Manual or the North Carolina Department of Transportation Best
Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification.

Not applicable; the proposed stream restoration project does require any
temporary pipe/culverts/ or rip-rap pads.

17. Any rip-rap required for proper culvert placement, stream stabilization, or
restoration of temporarily disturbed areas shall be restricted to the area directly
impacted by the approved construction activity.

Acknowledged, the rip-rap required for the proposed stream restoration project
will be restricted to the area directly by approved construction activity.

18. Any rip-rap used for stream or shoreline stabilization shall be of a size and
density to prevent movement by wave, current action, or stream flows and shall
consist of clean rock or masonry material free of debris or toxic pollutants.

Acknowledged, the proposed stream restoration will consist of clean rock or
masonry material free of debris or toxic pollutants.

19. Applications for rip-rap groins.

Not applicable; no rip-rap or rip-rap groins are proposed.

12
Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
20. All mechanized equipment operated near surface waters should be inspected
and maintained regularly to prevent contamination of surface waters from fuels,
lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged
in order to minimize the exposure of equipment to surface waters to the
maximum extent practicable. Fueling, lubrication and general equipment
maintenance should not take place within 50 feet of a waterbody or wetlands to
prevent contamination by fuels and oils.

Acknowledged; all equipment will be inspected and maintained regularly, and
fueled more than 50 feet from waterbody and wetlands.

21. Heavy equipment working in wetlands shall be placed on mats or other measures
shall be taken to minimize soil disturbance.

Acknowledge, if heavy equipment work cannot be accomplished with the
adjacent upland areas temporary mats or other measure will be taken to
minimize soil disturbance.

22. Reporting of petroleum spills in accordance with 143-215.85(b).

Acknowledged; the applicant will report any petroleum spills of 25 gallons or
more, spills that cause a sheen on surface waters, and spills within 100 feet of
surface waters, and any petroleum spill less than 25 gallons that cannot be
cleaned up within 24 hours.

23. If an environmental document is required under the State Environmental Policy
Act (SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.

Not applicable.

24. This General Certification does not relieve the applicant of the responsibility to
obtain all other required Federal, State, or Local approvals.

Prior to construction activities, all required Federal, State, and Local approvals
will be obtained.

25. The applicant/permittee and their authorized agents shall conduct all activities in
a manner consistent with State water quality standards (including any
requirements resulting from compliance with 303(d) of the Clean Water Act), and
any other appropriate requirements of State and Federal Law.

All activities will be conducted in a manner consistent with state water quality
standards and appropriate requirements of State and Federal law.

26. The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project,

13
Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
and shall provide each of its contractors and/or agents associated with the
construction of maintenance of this project a copy of this Certification.

Acknowledged, the permittee will require its contractors and/or agents to comply
with the terms and conditions of this permit in the construction and maintenance
of this project, and shall will each of its contractors and/or agents associated with
the construction of maintenance of this project a copy of this Certification.

27. When written authorization is required for use of this certification, upon
completion of all permitted impacts included within the approval and any
subsequent modifications, the applicant shall be required to return the certificate
of completion attached to the approval.

Corblu, on behalf of CPC, will conduct a compliance visit and submit a
Certification of Completion letter to the USACE upon the completion of the
pipeline maintenance project.

28. Additional site-specific conditions, including monitoring and/or modeling
requirements, may be added to the written approval letter for projects proposed
under this Water Quality Certification in order to ensure compliance with all
applicable water quality and effluent standards.

CPC/Corblu understands that additional conditions or requirements may be
added to the written approval letter.

29. If the property or project is sold or transferred, the new Permittee shall be given a
copy of this Certification (and written authorization if applicable) and is
responsible for complying with all conditions.

Acknowledged.

III. General Certification Administration:

1. In accordance with North Carolina General Statue 143-215.3D(e), written
approval for a 401 Water Quality General Certification must include the
appropriate fee.
Acknowledged.
2. This Certification neither grants nor affirms any property right, license, or
privilege in any waters, or any right of use in any waters. This Certification
does not authorize any person to interfere with the riparian rights, littoral
rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of
water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to
water use. No consumptive user is deemed by virtue of the Certification to
possess any prescriptive or other right of priority with respect to any other

14
Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
consumptive user regardless of the quantity of the withdrawal or the date on
which the withdrawal was initiated or expanded.
Acknowledged.
3. This Certification grants permission to the Director, an authorized
representative of the Director, or DWR staff, upon the presentation of proper
credentials, to enter the property during normal business hours.
Acknowledged.
4. This General Certification shall expire on the same day as the expiration date
of the corresponding Nationwide Permit and/or Regional Permit.
Acknowledged.
5. Non-compliance with or violation of the conditions herein set forth by a
specific project may result in revocation of this General Certification for the
project and may also result in criminal and/or civil penalties.
Acknowledged.
6. The Director of the NC DWR may require submission of a formal application
for Individual Certification for any project in this category of activity if it is
deemed in the public’s best interest or determined that the project is likely to
have a signification adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the
waters so that existing uses of the water or downstream waters are
precluded.
Acknowledged.
General Condition 26 – Coastal Zone Management

The project site is not located in or adjacent to a coastal area.

General Condition 27 – Regional and Case-by-Case Conditions

1.0 Excluded Waters

1.1 The proposed stream restoration project site does not contain any
anadromous fish spawning areas.

1.2 The proposed stream restoration project is not located in one of the 25
designated trout counties of North Carolina.
1.3 The proposed stream restoration project does not contain waters designated
as sturgeon spawning areas.

15
Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
2.0 Waters Requiring Additional Notification

2.1 The proposed stream restoration project is located in Mecklenburg County,
one of the 16 western North Carolina counties that drain to designated
critical habitat. The proposed stream restoration project will curtail current
erosion and therefore reduced downstream sedimentation and will improve
downstream water quality.
2.2 The proposed stream restoration project area does not contain any special
designation waters.
2.3 The proposed stream restoration project is not located in one of the 20
counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act; therefore, is not located in an “Area of
Environmental Concern”.
2.4 The proposed stream restoration project is not located on a barrier island of
North Carolina.
2.5 The proposed stream restoration project is not located in a Mountain or
Piedmont bog as classified by the North Carolina Wetland Assessment
Methodology.
2.6 The proposed stream restoration project does not include the construction of
animal waste facilities.
2.7 The proposed stream restoration project is not located in one of the 24
designated trout counties of North Carolina.
2.8 The proposed stream restoration is not located within 0.5 miles of the listed
western NC waters or within 0.75 miles of the Little Tennessee River.
3.0 List of Corps Regional Conditions for All Nationwide Permits

3.1 The proposed stream restoration project will not result in the loss or
degradation of greater than 300 total linear feet of stream.
3.2 The proposed stream restoration project will not result in the loss of more
than 150 linear feet of stream.
3.3 The proposed stream restoration project will not impact more than 150 total
linear feet of stream.
3.4 The proposed stream restoration project will not use live concrete.

3.5 Requirements for Using Rip-rap for Bank Stabilization

For all NWPs that allow for the use of rip-rap material for bank stabilization, the
following measures shall be applied:

16
Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
3.5.1. Where bank stabilization is conducted as part of an activity, natural design,
bioengineering and/or geoengineering methods that incorporate natural durable
materials, native seed mixes, and native plants and shrubs are to be utilized to
the maximum extent practicable.

The proposed stream restoration project within CPC’s existing petroleum pipeline
Charlotte Facility will revegetate the disturbed soils with a native seed mix.

3.5.2. Filter cloth must be placed underneath the rip-rap as an additional
requirement of its use in North Carolina waters. The placement of filter fabric is
not required if the rip-rap will be pushed or “keyed” into the bank of the
waterbody. A waiver from the specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be de monstrated that
the impacts of complying with this Regional Condition would result in greater
adverse impacts to the aquatic environment.

Filter cloth will be placed underneath the rip-rap for the proposed stream
restoration project

3.5.3. The proposed stream restoration placement of rip-rap will be limited to the
areas depicted on submitted work plan drawings.

3.5.4. The proposed stream restoration rip-rap material will be clean and free
from loose dirt or any pollutant except in trace quantities that would not have an
adverse environmental effect.

3.5.5. The proposed stream restoration rip-rap will be of a size sufficient to
prevent its movement from the authorized alignment by natural forces under
normal conditions.

3.5.6. The proposed stream restoration rip-rap material will consist of clean rock
or masonry material such as, but not limited to, granite, marl, or broken concrete.

3.6–3.6.5 The proposed stream restoration project does not include the
construction or installation of culverts.

3.7 The proposed stream restoration project is not located on the coast or
interact with shellfish habitat.

3.8 The proposed stream restoration project is not located on the coast nor will
adversely impact submerged aquatic vegetation.

3.9 Standard erosion control practices will be employed (Appendix A).
Specifically, all erosion control devices will be installed in uplands, and
removed as appropriate.

17
Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
3.10 Restoration of temporary impacts to stream beds. This condition does not
apply to NWP 27 – Aquatic Habitat Restoration, Enhancement, and
Establishment Activities.

3.11 Restoration of temporary impacts to stream banks. This condition does not
apply to NWP 27 – Aquatic Habitat Restoration, Enhancement, and
Establishment Activities.

3.12.1 The proposed stream restoration project is not located on or adjacent to
any federally authorized waterways.

3.12.2 The proposed stream restoration project will not cross a Corps easement.

3.13 Northern long-eared bat – Endangered Species Act Compliance

The proposed stream restoration project is not a NCDOT project, and is
located in Mecklenburg County, North Carolina; which is one of the 41
western counties of North Carolina.

1. The proposed stream restoration area falls within the range of the
USFWS Northern long-eared bat (NLEB) range map but is not
located in a 12-digit “red HUC” nor will involve percussive
activities within 0.25 miles of a red HUC.
2. The proposed stream restoration project requires a PCN
submittal under NWP General Condition 31, and will not involve
any of the following which would require a PCN submittal based
on Northern long-eared bat Endangered Species Act Compliance:
• Tree clearing/removal, construction/installation of wind
turbines in a red HUC, and/or
• Bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use,
(applies anywhere in the range of the NLEB), AND/OR:
• Percussive activities in a red HUC, or within 0.25 mile of a
red HUC.
3.14 The proposed stream restoration project is not located on Eastern Band
of Cherokee Indians Lands.

4.0 Additional Regional Conditions for Specific Nationwide Permits

Not applicable.

General Condition 28 – Use of Multiple Nationwide Permits

Not Applicable. The proposed stream restoration will require the use of NWP 27 – Aquatic
Habitat Restoration, Establishment and Enhancement Activities.

18
Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901

General Condition 29 – Transfer of Nationwide Permit Verifications

If the permittee sells the property associated with this project, a letter requesting transfer of
this permit will be provided to the USACE.

General Condition 30 – Compliance Certification

A signed certification will be provided to the USACE following completion of the permitted
activity and required mitigation. The certification will include:

a) A statement that the authorized work was conducted in accordance with USACE
authorization, including any general, regional, or activity-specific conditions;

b) A statement that any required mitigation was completed in accordance with the
permit conditions; and

c) The signature of the permittee certifying the completion of the work and mitigation.

General Condition 31 – Activities Affecting Structures or Works Built by the United States

The proposed stream restoration will not affect any structures or works built by the United
States.

General Condition 32 – Pre-Construction Notification

The perspective permittee shall not begin the proposed activities until either:
(1) He or she is notified in writing by the district engineer that the activity may
proceed under the NWP with any conditions imposed by the district or district
engineer; or

(2) 45 calendar days have passed from the district engineer’s receipt of the
complete PCN and the perspective permittee has not received written notice from
the district or district engineer.

Corblu believes that the contents of this package constitute a complete PCN. The following
information addresses NWP General Condition 32 (b) Contents of Pre-Construction
Notification:

1) Name, address, and telephone numbers of the prospective permittee:

Mr. Jeff Titus
Colonial Pipeline Company
7524 Kenstead Circle
Charlotte, NC 28214
Phone: [phone]
Email: [e-mail]

2) Location of the proposed project:

The proposed stream restoration is located within CPC’s petroleum
pipeline Charlotte Facility, northeast of the Kenstead Circle and Mount

19
Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
Holly Road intersection (7524 Kenstead Circle, Charlotte) in Mecklenburg
County, North Carolina (35.283925, -80.932556; Figure 1).

3) Identify the specific NWP or NWP(s) the prospective permittee wants to
use to authorize the proposed activity:

Nationwide Permit No. 27 – Aquatic Habitat Restoration,
Establishment and Enhancement Activities

4) Project description, purpose, and effect:

See the “Background” and “Proposed Activities in Waters of the U.S.”
sections of this PCN.

5) Delineation of affected special aquatic sites:

An unnamed intermittent tributary to Gum Branch and one emergent
wetland area were observed within the project location in CPC’s
Charlotte Facility (Figure 5; Photograph Nos. 1-4). The USACE
Jurisdictional Determination Request Form (Appendix B) and Wetland
Data Forms (Appendix D) are enclose for your review.

6) Mitigation Requirements:

Not applicable; please see General Condition 23.

7) Names of federally protected species or critical habitats affected:

Not applicable; no federally protected species or designated critical
habitat will be affected by the proposed stream restoration project.
Please see General Condition 18.

8) Historic property affected:

Not applicable; please see General Condition 20.

9) Activities that occur in a National Wild and Scenic River System, or a
“study river”:

Not applicable; please see General Condition 16.

10) Activities requiring permission from the USACE pursuant to 33 U.S.C.
408:

Not applicable; the project is not located within Section 10 regulated
navigable waterway under the Rivers and Harbors Act of 1899

20
Pre-Construction Notification – Nationwide Permit No. 27 May 19, 2020
CPC Access Road Stream Restoration CEG Project No. 02-041901
Summary and Conclusion
The proposed stream restoration of the unnamed intermittent tributary to Gum Branch will
result in restoration to a total of 303 LF of intermittent stream. Based on this submittal, we
respectfully request authorization for the aforementioned activity within jurisdictional waters
pursuant to NWP No. 27. If you have any questions or comments regarding this PCN
submittal, please contact the undersigned at [phone].

Sincerely,

CORBLU ECOLOGY GROUP, LLC

Shanna E. Cahill, CE, Richard W. Whiteside, PhD, CWB, CSE
Principal Ecologist President

Enclosures: Figure 1 – Site Location Map
Figure 2 – Site Soils Map
Figure 3 – 100-Year Flood Zones
Figure 4 – Aerial/NWI/NHD Map
Figure 5 – Site Waters Map
Figure 6 – Site Impacts Map
Site Photographs (1-4)
Appendix A – Construction Plans and Erosion and Sediment Control Plan
Appendix B – Jurisdictional Determination Request
Appendix C – Preliminary Jurisdictional Determination Form
Appendix D – Wetland Determination Data Forms
Appendix E – USFWS IPaC Official Species List
Appendix F – NRHP and HPOWEB Documents
Appendix G – CPC Authorization Letter
Appendix H – Pre-Construction Notification (PCN) Form

c: Mr. John Wyatt, CPC Environmental Lead-SED, via email
Ms. Jennifer Price, CPC Project Manager, via email
Mr. Faron Leigh, CPC Environmental Specialist, via email

GF
Approximate Review Area35.283925, -80.932556
Keanstead Circle
Mount Holly Road
030501011405
030501011405
Figure 1
Site Location M ap
Project No. 02-041901
Base Map Source:USA Topo Maps
±
0 2,400 4,8001,200 Feet1:24,000
Colonial Pipeline Company, SE
Charlotte Pipeline Facility
Mecklenburg County, North Carolina
Legend
HUC Code
Approximate Review Area
PaE
HeB
CeD2
CeB2
Ur
Figure 2
Site Soils Map
Project No. 02-041901
Base Map Source:ESRI Imagery, GIS_Data\North_Carolina\Mecklenburg\Soils\soils.
±
0 100 20050 Feet1:1,000
Colonial Pipeline Company, SE
Charlotte Pipeline Facility
Mecklenburg County, North Carolina
Legend
Approximate Review AreaSoils
CeB2 - Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded
CeD2 - Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded
HeB - Helena sandy loam, 2 to 8 percent slopes
PaE - Pacolet sandy loam, 15 to 25 percent slopes
Ur - Urban land
Approximate Review Area1.45-acres
Keanstead Circle
Mount Holly Road
Figure 3
100-Year Flood Zones
Project No. 02-041901
Base Map Source:ESRI ImageryGPS Collected: 7/19/2019
±
0 1,200 2,400600 Feet1:12,000
Colonial Pipeline Company, SE
Charlotte Pipeline Facility
Mecklenburg County, North Carolina
Legend
Flood Hazard ZonesZone Type
1% Annual Chance Flood Hazard
Regulatory Floodway
Special Floodway
Area of Undetermined Flood Hazard
0.2% Annual Chance Flood Hazard
Future Conditions 1% Annual Chance Flood Hazard
Area with Reduced Risk Due to Levee
Approximate Review Area1.45-acres
35.284841, -80.93217935.284958, -80.932626
35.283820, -80.932777
35.283831, -80.932325
Figure 4
Aerial/NWI/NHD Map
Project No. 02-041901
Base Map Source:ESRI ImageryGPS Collected: 7/19/2019
±
0 120 24060 Feet1:1,200
Colonial Pipeline Company, SE
Charlotte Pipeline Facility
Mecklenburg County, North Carolina
Legend
Approximate Review Area
NC NHD
NC_NWI_Feature_2018
kj
kj
Approximate Review Area1.45-acres
Potential Waters of the U.S.Unnamed Intermittent StreamApproximately 425 linear feet
Potential Waters of the U.S.Emergent Wetland AreaApproximately 0.310-acre
Wetland Data Point
Upland Data Point
35.284841, -80.93217935.284958, -80.932626
35.283820, -80.932777
35.283831, -80.932325
Figure 5
Site Waters Map
Project No. 02-041901
Base Map Source:ESRI ImageryGPS Collected: 7/19/2019
±
0 120 24060 Feet1:1,200
Colonial Pipeline Company, SE
Charlotte Pipeline Facility
Mecklenburg County, North Carolina
Legend
kj Data Points
Intermittent Stream
ProjectBoundary
Wetland
Approximate Review Area1.45-acres
Potential Waters of the U.S.Unnamed Intermittent StreamTemporary Disturbance to Approximately 300 linear feet
Potential Waters of the U.S.Emergent Wetland AreaTemporary Disturbance to Approximately 0.03-acre
35.284841, -80.93217935.284958, -80.932626
35.283820, -80.932777
35.283831, -80.932325
Figure 6
Site Impacts Map
Project No. 02-041901
Base Map Source:ESRI ImageryGPS Collected: 7/19/2019
±
0 120 24060 Feet1:1,200
Colonial Pipeline Company, SE
Charlotte Pipeline Facility
Mecklenburg County, North Carolina
Legend
Intermittent Stream
Wetland
Approximate Review Area
Pre-Construction Notification – NWP 27 Photographs taken on July 19, 2019
CPC Maintenance – Stream Restoration Relocation Corblu Project No. 02-041901

Photograph No. 1: Northeast facing view of the culverted potential waters of the U.S. unnamed
intermittent tributary to Gum Branch entering onto CPC Charlotte Facility.

Photograph No. 2: West facing view of the access road and eroded portion of the potential
waters of the U.S. intermittent stream turning right and flowing north.

Pre-Construction Notification – NWP 27 Photographs taken on July 19, 2019
CPC Maintenance – Stream Restoration Relocation Corblu Project No. 02-041901

Photograph No. 1: North facing view on the potential waters of the U.S. unnamed intermittent
tributary to Gum Branch flowing north within CPC’s Charlotte Facility.

Photograph No. 2: West facing view of the potential waters of the U.S. emergent wetland area
and erosional feature at CPC access road.

APPENDIX A

Construction Plans and Erosion and Sediment Control Plan
C O
00
N
O
or
O
U
Construction Plans For:
Coloninal Pipeline Company
Mecklenburg, N.C. -Charlotte Facility
Aerial Photo by Google Earth Scale- 1"=300'
GENERAL NOTES:
1. Certain interior improvements may not be shown hereon, i.e. fence
lines, guy wires, etc.
2. Matters of record not shown hereon are excepted.
3. Bearing basis derived from 2 control points set with Leica GS14 GPS
System and SmartNet network. All other work performed with methods
described below.
4. Measurements shown are US Survey Feet (ground).
5. Field angles and linear distances measured using a Leica TS 12P Robotic
Total Station.
6. Contours displayed at a 1 foot interval.
7. Field data collected on March 31, 2020.
8. Pipeline size, position, and identification provided by Corblu Ecology
Group.
FLOOD HAZARD NOTE:
This property is NOT contained within the limits of a flood hazard zone as defined by the Federal
Emergency Management Agency flood insurance rate map of Guilford County, NC Panel 371045260011k
most recently revised September 2, 2015.
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CONTACT INSPECTOR
ALL EROSION AND SEDIMENT CONTROL DEVICES &
APPROVALS:
APPROVALS:
REVISIONS:
NO. DESCRIPTION DATE
1.
Site Area Summary
Total Site Area: 0.30± Acres (13,249± sf)
Total Disturbed Area: 0.30± Acres
(The Disturbed Area is considered the Site Work Area for
this project, and does not include the existing access.)
24 HOURS PRIOR
Permittee Information
Colonial Pipeline Company
7524 Kenstead Circle
Charlotte, NC 28214
24 Hr. Contact: Jennifer Price
Project Manager
Phone: [phone] Cell
email: [e-mail]
TABLE OF CONTENTS:
SHEET
DESCRIPTION:
Existing
Exist. Topographic and Profile Survey
Grading
Plan and Profile
SSP-1
Plan and Profile with Structures
SD-1 & SD-2
Stream Restoration Details
Project Scope
The goal of this project is to relocate the existing stream and stabilize the
streambanks to protect the existing access road. This will be accomplished by
modifying the existing stream channel and constructing Bankfull Benches, Rock
Cross Vanes, Constructed Riffles and Low Flow Deflectors. The stream will be
realigned and bankfull benches will be constructed to reconnect the stream to a
flood prone area.
Since this project will involve working on the streambanks, it is not possible to
provide a temporary sediment basin. Contractor will monitor the long range
weather forecast and will schedule work to minimize exposure of all disturbed
areas. Due to the nature of this project, it is the opinion of this firm that traditional
sediment storage BMPs are not appropriate for this instream work and would
create additional, unnecessary disturbance that would be disruptive to project
goals. Other approved BMPs such as rock filter dams and silt fence are proposed as
perimeter protection for this work area and shall prevent sediment discharge from
the site.
The proposed disturbed area is 0.30± acres. There is no proposed impervious area
for this project. This design applies Natural Channel Design principles in areas
where site constraints allow.
Long Term Weather Monitoring:
The contractor shall monitor the long range weather forecast and will schedule all work
to minimize the exposure of any disturbed area. Contractor shall pump the base flows
around the work area during construction of the in -stream structures. The intake will
be placed upstream of the work area using natural pools or sand bags to pond the
stream for pumping. The discharge pipe shall be placed down stream of the work area
using the Temporary Rock Filter or existing culverts to control the discharge velocity and
prevent any scour. If contractor discharges into the Temporary Rock Filter, contractor
shall install a 12 inch perforated pipe internal of the rock filter and the discharge pipe
shall be inserted into the 12 inch perforated pipe. If discharge is not clean, Colonial
Pipeline or the site inspector may require the use of filter bags with the bypass
pumping.
The Rock Filters will be approved with the Nationwide Permit 27 as a temporary
structure necessary to facilitate the construction of the in -stream work. Once all
in -stream work is complete the Temporary Rock Filters shall be removed.
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x —x x x x x X_ Unknown
— — — —
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Morphcdagy Design Pzramete rs
Colon id P iple Line Com pa ny Heckle n tug Cou Pant NC ❑
Dew �n 5tremr'rY
Para meter
�+hn I filed i�i f��
Strea rn wrr,v
Llnriam ed Trib. To Gum Creek
Stream type � VaIIey Type
B4a
ID rz inage area, DA (sq m i)
0.13
Mean rRe depth, dbEf (ft)
0.67
R ne uridth. Wokr (ft)
7.5
Width -to -depth ratio,
11.1
Rife eroas-section area. At.if (rq ft)
5.06
Max riffle depth_ dfnbH (ft)
0_9
1.0 1.2
Alex rifle -depth raW, [drnahldt,,d]
1.3
1.5 1.8
Mit nn pool inpth, dW (ft)
0_8
0.9 1.2
Hurl pool d:-bpth ra6o_ [dbifJd,k]
1.2
1.4 1.8
Pool1+ Uh, 4Vbgp fft)
7.5
9.0 11.3
Pao4 wir�'.h ratio, [WrH,Mdnw] _
Pool cross -sects area. Abe (sq ft)
1.0
6.1
1.2 1.5
7.6 10.1
NO area ratio. [ g^1]
1.2
1.5 2.0
Nl@x pool depth. d,.bkrp (ft)
1.7
2.0 2.4
flax pool depth r:�io, [d,t,,j,�d,,d]
Low b.-si-te, heigl-t, LEi H (ft)
2.6
0.9
3.0 3.5
1. D 1.2
LuN t < heigl' ratio. f LB Hl/d n 3H]
1.0
1.0 1.0
Width flood -prone area, Wl,, (ft)
38
53 113
Enlrr±nchmert ratio, ER F-FV1..,(J'eWl
5.0
70 160
Poi rt hi. r s bpe (ft rft) [H:'�ej
5.0
T.0 10.0
Meander length. Lrr (ft)
.30
53 75
Wander length ratio [L�JuV�,d]
4.0
7.0 10.0
R of us of curvature, RC (ft)
11
17 2�
RMFus of tur'Qq%tLl'C ratio [RV'WbU1
1.5
2.3 3.0
Belt width. Whit (1t)
15
60
Wwider width r*,io [4'Val .,.]
2.0
4.0 8.0
Pool Ieng!h, L, (ft)
5
19 30
Pool leVh rati5 [L;, bkfl
1.0
2.5 4.0
Pool -to -pool s l rrg, p~p (ft)
15
30 45
Pool -to -pool sWJnq ratio, [WiVt,,e]
2.0
4.0 6.0
RifRe length, L,p (ft)
11
13 23
RRe length ra�.io, [LnilWL-,d]
1.5 2.0 3.0
278
Valle' length, VL (ft)
trearn kangth, SL (ft)
Valley Ekavaticn Ohunge, VE (ft)
IV
5
Stream E Irvd.ion C hinge, SE (ft)
5
Valle+ sdOpe. VS (fvft)
0.0180
Averege water surl�ace slope. S (fVf#)
00165
Sin u❑. Ryr, k = SLJVL (ft+ft)
_
1.09
RRe sgope. Sr r (fft)
0.0165
0.0330 0.W60
R' a :Hope rotk),
1.0
2.0 4.0
Pool slope, S (Wft)
O.Cmo
0.0000 0.w83
Pool slope ratio. [Spis]
0.0
0.D 0.5
Bankfd I discharge, C ,k, (cts)
5
9 15
BankU I man veloc ity, ut,.d = Q)A (nl!s)
1.0
1.7 3.0
BankFi,f I wetted perimeter, VVP (ft)
0.$
EanOJ I hyift-nu lic radius, R (ft)
0.6
Ban kk4 I Mann eQs n (estim ate)
0.032
0.040 0_0
N4mn ings banes I d is char, Q,,� (c#s)
208
16.7 13.3
M€rPi ings bkf vet❑oityr. Ubl' = Q?A (ft)
4.12
3.30 2.64
Dan kfd I strew-n pamar, w (I tVfUs)
2.43
1 1.-94 1.551
BankFi,fI shear �trer. ., t (IbifF)
0.59
hleft --diameter mbillized (m M)
2C¢0
Gas Marker (Direction Unknown) Fiber Marker (Direction 3as Marker (Direction
-X-X x- Unknown) Unknown)6' CLF w/ Barbed Wire 3
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-
Earth Work for Stream Restoration
Proposed Work Area
Cut Cu. Yds.
Fill Cu. Yds.
Description
Eg to E303 Fg-1
315
170
Earth work for Stream realignment.
The Earth Work volumes reported hereon are unadjusted numbers and have not been adjusted for
shrinkage or topsoil. Contractor is responsible for verifying quantities.
GENERAL NOTES:
1. Certain interior improvements may not be shown hereon, i.e. fence
lines, guy wires, etc.
2. Matters of record not shown hereon are excepted.
3. Bearing basis derived from 2 control points set with Leica GS14 GPS
System and SmartNet network. All other work performed with methods
described below.
4. Measurements shown are US Survey Feet (ground).
5. Field angles and linear distances measured using a Leica TS 12P Robotic
Total Station.
6. Contours displayed at a 1 foot interval.
7. Field data collected on March 31, 2020.
8. Pipeline size, position, and identification provided by Corblu Ecology
Group.
tievaumn - 1 /- 1
2 1T' 12"
pisturba
'12ro
iprao Size (Typ)- 12-` _
D75.4.5" i Z �121, /
i DMax. 6"
12� Dep. 1.5' X
III
I IIE: 730.07
Grid (NC)
0' 20' 40' 60' 80'
Scale: 1"= 20' (22"x34 Prints) V= 40' (11"x17" Prints)
730
730
DA= 0.13 S.M.
alley-
+
=Grade-
d
725
dmax. =1.22'
- -
�
725
Exist
Grade
-
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Banktull-
-
720
Vert. 1"= 5'
720
VVa
Surface
<D
M
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r`
M
N
0+05
00
M
N
0+10
00 Ol 00 LO 01 00 M
M M M N a4 14 N
N N N N N N N
0+15 0+20 0+25 0+30 0+35 0+40 0+45
00 N LO M O LO N 00 O
N M M M Ln Ln l0 l0 00
N N N N N N N N N N N
0+50 0+55 0+60 0+65 0+70 0+75 0+80 0+85 0+90 0+95 1+00
735
Proposed
Stream Restoration
for Unnamed
Trib.
to Gum Creek
LO rn
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de Bend z°°J
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Outside Bend Terrace Note:
l I Bankfull Bench on the Outside bend to transition to
a Terrace 2/3 of the way around the bend. Terrace
C/L Thalweg to be graded a minimum of 6" above the Bankfull
I I elevation. This will prevent flood flows from running
Pool Construction Note: along the Bankfull bench and will redirect the flow
Construction Centerline (C/L) is not the Thalweg
W/d Ratio = 11.2
Scale: 1" = 5'
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12' Scale: 1"= 20' (22"x34 Prints) 1"= 40' (11N17" Prints)
GENERAL NOTES:
1. Certain interior improvements may not be shown hereon, i.e. fence
lines, guy wires, etc.
2. Matters of record not shown hereon are excepted.
3. Bearing basis derived from 2 control points set with Leica GS14 GPS
System and SmartNet network. All other work performed with methods
described below.
4. Measurements shown are US Survey Feet (ground).
5. Field angles and linear distances measured using a Leica TS 12P Robotic
Total Station.
6. Contours displayed at a 1 foot interval.
7. Field data collected on March 31, 2020.
8. Pipeline size, position, and identification provided by Corblu Ecology
Group.
Earth Work for Stream Restoration
Proposed Work Area
Cut Cu. Yds.
Fill Cu. Yds.
Description
Eg to E303 Fg-1
315
170
Earth work for Stream realignment.
The Earth Work volumes reported hereon are unadjusted numbers and have not been adjusted for
shrinkage or topsoil. Contractor is responsible for verifying quantities.
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Drawn: KFT
Date: 04-13-2020
Sheet
Structure
Project Number
20-4660

APPENDIX B

Jurisdictional Determination Request

Jurisdictional Determination Request
Version: May 2017
Page 1

This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELDOFFICES
US ArmyCorps of Engineers
151 Patton Avenue,Room 208
Asheville, North Carolina28801-5006
GeneralNumber: [phone]
Fax Number: [phone]
RALEIGHREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina27587
GeneralNumber: [phone]
Fax Number: [phone]
WASHINGTONREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
2407 West Fifth Street
Washington, North Carolina27889
GeneralNumber: [phone]
Fax Number: [phone]
WILMINGTONREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
GeneralNumber:910-251-4633
Fax Number: [phone]
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Jurisdictional Determination Request
Version: May 2017
Page 2
A. PARCEL INFORMATION
Street Address: _______________________________________________
City, State: _______________________________________________
County:
Parcel Index Number(s) (PIN):
B. REQUESTORINFORMATION
Name:
Mailing Address:
_________________________________________
Telephone Number: _________________________________________
Electronic Mail Address: ________________________________________
Select one:
I am the current property owner.
I am an Authorized Agent or Environmental Consultant
1
Interested Buyer or Under Contract to Purchase
Other, please explain. ________________________________________
__________________________________________________________
C. PROPERTY OWNER INFORMATION
2
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address:
_______________________________________________________________________________________________________________________
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
CPC 7524 Kenstead Circle
Charlotte
Mecklenburg
03102206
Corblu Ecology Group;Shanna Cahill
3225 S. Cherokee Lane, Bldg. 800
Woodstock, GA 30188
404-275-6632
[e-mail]
Mr. Jeff Titus
7524 Kenstead Circle
Charlotte, NC 28214
678-762-2231
[e-mail]
✔
Jurisdictional Determination Request
Version: May 2017
Page 3

D. PROPERTY ACCESS CERTIFICATION
3,4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Print Name
Capacity: Owner Authorized Agent5
Date
Signature
E. REASON FOR JD REQUEST:(Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources underCorpsauthority.
I intendto construct/develop a project or perform activities on this parcelwhich may
require authorization from the Corps, andthe JDwould beusedto avoid and minimize
impacts tojurisdictional aquatic resources and as aninitialstep in a future permitting
process.
I intendto construct/develop a project or perform activities on this parcelwhich may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
I intendto construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
I believe that the site may be comprised entirely of dry land.
Other:___________________________________________________________________
_______________________________________________________________________
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Shanna Cahill
5/20/20
Shanna Cahill
✔
✔
Jurisdictional Determination Request
Version: May 2017
Page 4

F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be “waters of the United States” or “navigable waters of the United States”on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional “waters of
the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
“preliminary” in the sense that an approved JD can be requested at any time. PJDs do
not expire.
I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional “waters of the United States” or “navigable waters of the United
States” are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other “affected
party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
Size of Property or Review Area acres.
The property boundary (or review area boundary) is clearly physically marked on the site.
1.45
✔
✔
✔
✔
Jurisdictional Determination Request
Version: May 2017
Page 5

H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude: ______________________
Longitude: ______________________
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11x17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
ƒNorth Arrow
ƒGraphical Scale
ƒBoundary of Review Area
ƒDate
ƒLocation of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
ƒJurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
ƒJurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
ƒIsolated waters, waters that lack a significant nexus to navigable waters, or non-
jurisdictional upland features should be identified as Non-Jurisdictional. Please
include a justification in the label regarding why the feature is non-jurisdictional (i.e.
“Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
ƒWetland and non-wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non-wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
____________________________________________________________________________
6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the
supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Jurisdiction/
35.283925
-80.932556
✔
✔
✔
Jurisdictional Determination Request
Version: May 2017
Page 6

Completed appropriate Jurisdictional Determination form
x PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the
Aquatic Resource Table
x AJDs, please complete an Approved Jurisdictional Determination Form
8
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
_____________________________________________________________________________
7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf
8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine
whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory
authorities referencedabove.
RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local
government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal
law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the
approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website
andontheHeadquartersUSAGEwebsite.
Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the
requestforanAJD cannot beevaluatednorcananAJD be issued.
✔
✔
✔
✔
✔
✔
✔
✔

APPENDIX C

Preliminary Jurisdictional Determination Form

1
ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):____________________________________

B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
___________________________________________________________
___________________________________________________________

C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
___________________________________________________________

D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
___________________________________________________________

(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)

State: NC County/parish/borough: _____________ City: ______________

Center coordinates of site (lat/long in degree decimal format):
Lat. ___________________ °N; Long. ____________________ °W.

Universal Transverse Mercator: ____________________________________

Name of nearest waterbody: ______________________________________

Identify (estimate) amount of waters in the review area:
Non-wetland waters:
____________linear feet: __________ width (ft) and/or _________ acres.

Cowardin Class: _____________________________________________

Stream Flow: ________________________________________________

Wetlands: ___________acres.

Cowardin Class: _____________________________________________

Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: ______________________________________________________
Non-Tidal: __________________________________________________
5/21/20
Corblu Ecology Group; Shanna Cahill
2335 South Cherokee Lane, Bldg. 800, Woodstock, Georgia 30188
Wilmington District, Charlotte Field Office
Colonial Pipeline Company, Charlotte Facity, please see Background on attached NWP 27
Mecklenburg Charlotte
35.283925 -80.932556
506133.04E, 3904532.09W 17S
Gum Branch
425 3 0.03
Riverine
Intermittent
0.31
Palustrine
N/A
N/A
2
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
Office (Desk) Determination. Date: ______________________________

Field Determination. Date(s): ___________________________________

SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant:_____________________________________________

Data sheets prepared/submitted by or on behalf of the
applicant/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.

Data sheets prepared by the Corps:______________________________

Corps navigable waters’ study:__________________________________

U.S. Geological Survey Hydrologic Atlas:__________________________

USGS NHD data

USGS 8 and 12 digit HUC maps

U.S. Geological Survey map(s). Cite scale & quad name:______________

USDA Natural Resources Conservation Service Soil Survey.
Citation:_______________________________________________

National wetlands inventory map(s). Cite name:_____________________

State/Local wetland inventory map(s):_____________________________

FEMA/FIRM maps:____________________________________________

100-year Floodplain Elevation is:_________________________________
(National Geodectic Vertical Datum of 1929)

Photographs: Aerial (Name & Date): ______________________or
Other (Name & Date):_________________________
Previous determination(s). File no. and date of response letter:_________

Other information (please specify):_______________________________
4
4
7/18/19
7/19/19
4
please see attached figures
4
4
4
4
4
4
1:24,000; Mountain Island Lake
Figure 2
Figure 4
Figure 3
4
4
ESRI Imagery, North Carolina Fgiures 2-6
Photographs 7/19/19
3

1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.

2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
“pre-construction notification” (PCN), or requests verification for a non-reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant’s acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
4
This preliminary JD finds that there “may be” waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:

IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.

_________________________
Signature and date of
Regulatory Project Manager
(REQUIRED)
__________________5-21-20_
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

Site number Latitude Longitude Cowardin Class
Estimated amount
of aquatic resource
in review area
Class of aquatic
resource
1. Intermittent Stream 35.776915 -79.035659 Riverine
Intermittent
425 linear feet
0.03-acre
non-section 10 –
waters
1. Emergent Wetland 35.776915 -79.035659 Palustrine 0.31-acre non-section 10 –
wetland

APPENDIX D
Wetland Determination Data Forms

US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0
WETLAND DETERMINATION DATA FORM – Eastern Mountains and Piedmont

Project/Site: City/County: Sampling Date:
Applicant/Owner: State: Sampling Point:
Investigator(s): Section, Township, Range:
Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%):
Subregion (LRR or MLRA): Lat: Long: Datum:
Soil Map Unit Name: NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)
Are Vegetation , Soil , or Hydrology significantly disturbed? Are “Normal Circumstances” present? Yes No
Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No
Hydric Soil Present? Yes No
Wetland Hydrology Present? Yes No
Is the Sampled Area
within a Wetland? Yes No
Remarks:

HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6)
Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave Surface (B8)
High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10)
Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16)
Water Marks (B1) Presence of Reduced Iron (C4) Dry-Season Water Table (C2)
Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8)
Drift Deposits (B3) Thin Muck Surface (C7) Saturation Visible on Aerial Imagery (C9)
Algal Mat or Crust (B4) Other (Explain in Remarks) Stunted or Stressed Plants (D1)
Iron Deposits (B5) Geomorphic Position (D2)
Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3)
Water-Stained Leaves (B9) Microtopographic Relief (D4)
Aquatic Fauna (B13) FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No Depth (inches):
Water Table Present? Yes No Depth (inches):
Saturation Present? Yes No Depth (inches):
(includes capillary fringe)

Wetland Hydrology Present? Yes No
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:

Remarks:

US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0
VEGETATION (Four Strata) – Use scientific names of plants. Sampling Point:
Absolute Dominant Indicator
Tree Stratum (Plot size: ) % Cover Species? Status
1.
2.
3.
4.
5.
6.
7.
8.
= Total Cover
Sapling/Shrub Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
= Total Cover
Herb Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
= Total Cover
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
= Total Cover
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: (A)

Total Number of Dominant
Species Across All Strata: (B)

Percent of Dominant Species
That Are OBL, FACW, or FAC: (A/B)

Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
2 - Dominance Test is >50%
3 - Prevalence Index is ≤3.01
4 - Morphological Adaptations1 (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation1 (Explain)

1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:

Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.

Sapling/Shrub – Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.

Herb – All herbaceous (non-woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.

Woody vine – All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes No

Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0
SOIL Sampling Point:
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks

1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: Indicators for Problematic Hydric Soils3:
Histosol (A1) Dark Surface (S7) 2 cm Muck (A10) (MLRA 147)
Histic Epipedon (A2) Polyvalue Below Surface (S8) (MLRA 147, 148) Coast Prairie Redox (A16)
Black Histic (A3) Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148)
Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19)
Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147)
2 cm Muck (A10) (LRR N) Redox Dark Surface (F6)
Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Very Shallow Dark Surface (TF12)
Thick Dark Surface (A12) Redox Depressions (F8) Other (Explain in Remarks)
Sandy Mucky Mineral (S1) (LRR N, Iron-Manganese Masses (F12) (LRR N,
MLRA 147, 148) MLRA 136)
Sandy Gleyed Matrix (S4) Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and
Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present,
Stripped Matrix (S6) Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):

Hydric Soil Present? Yes No
Remarks:

US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0
WETLAND DETERMINATION DATA FORM – Eastern Mountains and Piedmont

Project/Site: City/County: Sampling Date:
Applicant/Owner: State: Sampling Point:
Investigator(s): Section, Township, Range:
Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%):
Subregion (LRR or MLRA): Lat: Long: Datum:
Soil Map Unit Name: NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)
Are Vegetation , Soil , or Hydrology significantly disturbed? Are “Normal Circumstances” present? Yes No
Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No
Hydric Soil Present? Yes No
Wetland Hydrology Present? Yes No
Is the Sampled Area
within a Wetland? Yes No
Remarks:

HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6)
Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave Surface (B8)
High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10)
Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16)
Water Marks (B1) Presence of Reduced Iron (C4) Dry-Season Water Table (C2)
Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8)
Drift Deposits (B3) Thin Muck Surface (C7) Saturation Visible on Aerial Imagery (C9)
Algal Mat or Crust (B4) Other (Explain in Remarks) Stunted or Stressed Plants (D1)
Iron Deposits (B5) Geomorphic Position (D2)
Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3)
Water-Stained Leaves (B9) Microtopographic Relief (D4)
Aquatic Fauna (B13) FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No Depth (inches):
Water Table Present? Yes No Depth (inches):
Saturation Present? Yes No Depth (inches):
(includes capillary fringe)

Wetland Hydrology Present? Yes No
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:

Remarks:

US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0
VEGETATION (Four Strata) – Use scientific names of plants. Sampling Point:
Absolute Dominant Indicator
Tree Stratum (Plot size: ) % Cover Species? Status
1.
2.
3.
4.
5.
6.
7.
8.
= Total Cover
Sapling/Shrub Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
= Total Cover
Herb Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
= Total Cover
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
= Total Cover
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: (A)

Total Number of Dominant
Species Across All Strata: (B)

Percent of Dominant Species
That Are OBL, FACW, or FAC: (A/B)

Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
2 - Dominance Test is >50%
3 - Prevalence Index is ≤3.01
4 - Morphological Adaptations1 (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation1 (Explain)

1Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:

Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.

Sapling/Shrub – Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.

Herb – All herbaceous (non-woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.

Woody vine – All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes No

Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0
SOIL Sampling Point:
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks

1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: Indicators for Problematic Hydric Soils3:
Histosol (A1) Dark Surface (S7) 2 cm Muck (A10) (MLRA 147)
Histic Epipedon (A2) Polyvalue Below Surface (S8) (MLRA 147, 148) Coast Prairie Redox (A16)
Black Histic (A3) Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148)
Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19)
Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147)
2 cm Muck (A10) (LRR N) Redox Dark Surface (F6)
Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Very Shallow Dark Surface (TF12)
Thick Dark Surface (A12) Redox Depressions (F8) Other (Explain in Remarks)
Sandy Mucky Mineral (S1) (LRR N, Iron-Manganese Masses (F12) (LRR N,
MLRA 147, 148) MLRA 136)
Sandy Gleyed Matrix (S4) Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and
Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present,
Stripped Matrix (S6) Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):

Hydric Soil Present? Yes No
Remarks:

APPENDIX E

USFWS IPaC Official Species List

May 08, 2020
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-SLI-0596
Event Code: 04EN1000-2020-E-01391
Project Name: Erosion Control for Access Road

Subject:List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc_counties.html. The AFO website list includes “species of concern” species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmls/project_review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant_survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
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New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmls/project_review/assessment_guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;
05/08/2020 Event Code: 04EN1000-2020-E-01391   3

▪
▪
▪
http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
Official Species List
Migratory Birds
Wetlands
05/08/2020 Event Code: 04EN1000-2020-E-01391   1

Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]
05/08/2020 Event Code: 04EN1000-2020-E-01391   2

Project Summary
Consultation Code:04EN1000-2020-SLI-0596
Event Code:04EN1000-2020-E-01391
Project Name:Erosion Control for Access Road
Project Type:OIL OR GAS
Project Description:Access Road Erosion Control Project
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.28420799251976N80.932507711911W
Counties:Mecklenburg, NC
05/08/2020 Event Code: 04EN1000-2020-E-01391   3

1.
Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
Clams
NAME STATUS
Carolina Heelsplitter Lasmigona decorata
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/3534
Endangered
1
05/08/2020 Event Code: 04EN1000-2020-E-01391   4

Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
Endangered
Smooth Coneflower Echinacea laevigata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3473
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
05/08/2020 Event Code: 04EN1000-2020-E-01391   1

1.
2.
3.
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
The Migratory Birds Treaty Act of 1918.
The Bald and Golden Eagle Protection Act of 1940.
50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Breeds May 10 to Aug 31
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
1
2
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1.
2.
3.
FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting
to interpret this report.
Probability of Presence ()
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ()
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort ()
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data ()
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
05/08/2020 Event Code: 04EN1000-2020-E-01391   3

▪
▪
▪
no data survey effort breeding season probability of presence
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Wood Thrush
BCC Rangewide (CON)
Additional information can be found using the following links:
Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
05/08/2020 Event Code: 04EN1000-2020-E-01391   4

1.
2.
3.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
"BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
"BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
"Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
05/08/2020 Event Code: 04EN1000-2020-E-01391   5

For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ “What does IPaC
use to generate the migratory birds potentially occurring in my specified location”. Please be
aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no
data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ “Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds” at the bottom of your migratory bird trust resources page.
05/08/2020 Event Code: 04EN1000-2020-E-01391   1

▪
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
FRESHWATER EMERGENT WETLAND
PEM1A

APPENDIX F

NRHP and HPOWEB Documents

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Approximate Project Location
Keanstead Circle
Mount Holly Road
Todd House
Hoover House
Hoover-Reames House
Hoover-Sullivan House
Freedom Drive Overpass
Love's Service Station
Thomas J. Beattie House
Paw Creek U. S. Post Office
Gibson-Sadler-Derrick House
Paw Creek Presbyterian Church
Thrift United Methodist ChurchThrift Mill Supervisors' Houses
Paw Creek High School Complex (Gone)
(former) Thrift Piedmont & Northern Railroad Depot (Current site)
NC HPO Map
Project No. 02-041901
Base Map Source:ESRI Imagery, GIS_Data\North_Carolina\Mecklenburg\Soils\soils.
±
0 1,200 2,400600 Feet1:12,000
Colonial Pipeline Company, SE
Charlotte Pipeline Facility
Mecklenburg County, North Carolina
Legend
NCHPOpoints
Approximate Project Boundary

APPENDIX G

CPC Authorization Letter
(0)
John M. Wyatt
SouLhans! Dis'rict
E-nwiionmonta I F}roor:wn MarlaQoi
March 20, 2020
U-S Army Corpr. of EN ineers
3 331 H erttnge Tra-dc Drive, SOe 105
ake kirpsi, N&M CaroYna 27�5�7
KJO MR. 401 &Suffer F3errnitt>� 6 rorroh
1617 MCI Serv�iee Cerrtw.
Raleigh, NC 271599-11317
Subject: Authorization Lotter
TO Whom it Moyr C nncern:
Colonial Pipeline Company
TO (4 ) 713-9270
Calccta I Pipel inc Company (CPC) gives &YAhorizatio n to Ccsbkl Ecology G roup to serve as uu r agent
r erdi ng N cri h C; aroY no Division crf Veer € LJaI4 (D11y{��)U. S_ Army Corps -of Engineers (USACE) P re-
Coflstru ction Noti icafi on (PGN) Application Forms. -ShcUd you have any questions or c4Flcern5 prey 5e
wntat t rna at tho hetterheed I ms-s cc ielephonip ntLmbQr.
�i r3oeraMy+, �
John W. TVdtt
.you Lheest U iskrict
Er'vi' Dn irieriLa I F fOc i -M At a,iager
Qolr,Aol pipollu GQ111pally 5251 F+wY 1 :� Site Q #:i5 Has -an, TN.3734.3

APPENDIX H

Pre-Construction Notification (PCN) Form

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009

Pre-Construction Notification (PCN) Form

A. Applicant Information
1. Processing

1a. Type(s) of approval sought from the Corps:

☒Section 404 Permit ☐Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ☐Yes ☒No
1d. 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
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
☒Yes ☐No
For the record only for Corps Permit:

☐Yes ☒No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.

☐Yes ☒No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below.

☐Yes ☒No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ☐Yes ☒No
2. Project Information
2a. Name of project: Colonial Pipeline Company (CPC), Charlotte Facility - Stream Restoration
2b. County: Meckenburg
2c. Nearest municipality / town: Charlotte
2d. Subdivision name: No subdivision in the area
2e. NCDOT only, T.I.P. or state project no: Not applicable; Not a NCDOT or T.I.P. Project
3. Ow ner Information
3a. Name(s) on Recorded Deed: CPC
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
CPC
3d. Street address: 7524 Kenstead Circle
3e. City, state, zip: Charlotte, North Carolina 28214
3f. Telephone no.: 678-314-2006
3g. Fax no.:
3h. Email address: [e-mail]

Page 1 of 11
PCN Form – Version 1.4 January 2009

4. Applicant Information (if different from ow ner)
4a. Applicant is: ☐Agent ☒Other, specify: CPC Operations Manager
4b. Name: Jeffery Titus
4c. Business name
(if applicable):
Colonial Pipeline Company
4d. Street address: 7524 Kenstead Circle
4e. City, state, zip: Charlotte, North Carolina 28214
4f. Telephone no.: 678-314-2006
4g. Fax no.:
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Shanna Cahill
5b. Business name
(if applicable):
Corblu Ecology Group
5c. Street address: 3225 South Cherokee Lane, Bldg. 800
5d. City, state, zip: Woodstock, Georgia 30188
5e. Telephone no.: 404-275-6632
5f. Fax no.: 770-591-9993
5g. Email address: [e-mail]

Page 2 of 11
PCN Form – Version 1.4 January 2009
Page 3 of 11
PCN Form – Version 1.4 January 2009

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 03102206
1b. Site coordinates (in decimal degrees): Latitude: 35.283925 Longitude: -80.932556
1c. Property size: 59 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Gum Branch
2b. Water Quality Classification of nearest receiving water: WS-IV
2c. River basin: Cape Fear
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 site is located within CPC’s existing petroleum pipeline Charlotte Facility which is comprised of numerous petroleum storage
tanks, pumps, valves, pipelines, as well as the facility’s administrative/operation office. The stream of concern is an unnamed
intermittent tributary to Gum Branch.
3b. List the total estimated acreage of all existing wetlands on the property: 0.35-acre
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 525 linear feet
3d. Explain the purpose of the proposed project:
To ensure facility access road integrity which is needed for normal operations as well as emergency responses, the stream and streambank requires
restoration and stabilization (NWP 27) to prevent continued bank erosion. As designed by Engineering 303, restoration of the above stream segment
[approximately 303 linear feet (LF)] will be accomplished using “natural channel design” and construction techniques (Appendix A).
3e. Describe the overall project in detail, including the type of equipment to be used:

The project site is located within CPC’s existing petroleum pipeline Charlotte Facility which is comprised of numerous petroleum
storage tanks, pumps, valves, pipelines, as well as the facility’s administrative/operation office. The stream of concern is an unnamed
intermittent tributary to Gum Branch. The unnamed intermittent stream flows west through a culvert at CPC’s east fence line
(Photograph No. 1), into a concrete lined channel, and flows directly west towards the access road where it takes a 90 degree turn
(Photograph No. 2) and flows north paralleling the access road. The combination of the concrete lined channel’s stream energy
flowing directly at the access road along with the sharp 90 degree turn resulting in intense erosive forces during high flow eve nts has
caused severe erosion of the streambank and is undercutting the facility access road.
To ensure facility access road integrity which is needed for normal operations as well as emergency responses, the stream and streambank requires
restoration and stabilization (NWP 27) to prevent continued bank erosion. As designed by Engineering 303, restoration of the above stream segment
[approximately 303 linear feet (LF)] will be accomplished using “natural channel design” and construction techniques (Appendi x A).

The stream restoration will result in a slight “net gain” of aquatic habitat; i.e., 300 LF to 303 LF of the unnamed intermittent tributary
and no significant change to the of emergent wetland area. Corblu respectfully requests authorization for the above -referenced project
under NWP No. 27 for the CPC Charlotte Facility stream restoration effort (Figure 6; Appendix A). The a ppropriate figures and
photographs are enclosed for your review.

All heavy equipment will work from upland areas. Equipment to be used will be an excavator and hand tools.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
☐Yes ☐No ☒Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?

☐Preliminary ☐Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Page 4 of 11
PCN Form – Version 1.4 January 2009
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?

☐Yes ☐No ☒Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? ☐Yes ☒No
6b. If yes, explain.
Page 5 of 11
PCN Form – Version 1.4 January 2009

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.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f. Area
of
impact
(acres)
W1 T Restoration Seep No Corps 0.03
W2 - Choose one Choose one Yes/No -
W3 - Choose one Choose one Yes/No -
W4 - Choose one Choose one Yes/No -
W5 - Choose one Choose one Yes/No -
W6 - Choose one Choose one Yes/No -
2g. Total Wetland Impacts: 0.03
2h. Comments:
Temporary impacts to 0.03-acre of emergent wetland area within the Charlotte Facility
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 T Restoration Unnamed tributary INT Corps 3 300
S2 - Choose one - -
S3 - Choose one - -
S4 - Choose one - -
S5 - Choose one - -
S6 - Choose one - -
3h. Total stream and tributary impacts 300
3i. Comments:
The stream restoration will result in a slight “net gain” of aquatic habitat; i.e., 300 LF to 303 LF of the unnamed intermittent
tributary.

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable
4c.

Type of impact
4d.

Waterbody
type
4e.

Area of impact (acres)
O1 - Choose one Choose
O2 - Choose one Choose
O3 - Choose one Choose
O4 - Choose one Choose
4f. Total open water impacts
4g. Comments:

5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f. Total: NA
5g. Comments:
No pond/lake construction will take place on the project site.
5h. Is a dam high hazard permit required? ☐Yes ☒No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.

6a. Project is in which protected basin?

☐Neuse ☐Tar-Pamlico ☐Catawba ☐Randleman ☐Other:
6b.
Buffer Impact
number –
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1 T Pipeline Maintenance • Lake Jordan No 3,750 2,250
B2 - Yes/No
B3 - Yes/No
B4 - Yes/No
B5 - Yes/No
B6 - Yes/No
6h. Total Buffer Impacts: 3,750 2,250
6i. Comments:
The stream restoration is exempt under 15A NCAC 02B .0243 Catawba River Basin 3a.
Page 6 of 11
PCN Form – Version 1.4 January 2009

D. Impact Justification and Mitigation

1. Avoidance and Minimization

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.

The proposed stream restoration project has been designed to avoid and minimize impacts to jurisdictional waters to the
maximum extent practicable. The stream restoration will result in a slight “net gain” of aquatic habitat; i.e., 300 LF to 303 LF of
the unnamed intermittent tributary and no significant change to the of emergent wetland area.

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Equipment used during the proposed project will be operated from upland areas or prefabricated mats to avoid and unnecessary
impacts to the intermittent stream and wetland area.

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: Choose One Quantity:
Type: Choose One Quantity:
Type: Choose One 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: Choose one
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:

5. Complete if Using a Permittee Responsible Mitigation Plan

5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
No mitigation is required for the proposed project.
Page 7 of 11
PCN Form – Version 1.4 January 2009

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: NA

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).

No riparian buffer mitigation is required for the proposed project.

6h. Comments:

No riparian buffer mitigation is required for the proposed project.

Page 8 of 11
Page 9 of 11
PCN Form – Version 1.4 January 2009

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)

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?

☐Yes ☒No

1b. If yes, then is a diffuse flow plan included? If no, explain why.

☐Yes ☒No

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:
Not applicable; the project (0.3-acre) will disturb less than one acre of land.

2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Not applicable.
2e. Who will be responsible for the review of the Stormwater Management Plan?

3. Certified Local Government Stormw ater Review

3a. In which local government’s jurisdiction is this project?

3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):

☐Phase II
☐NSW
☐USMP
☐Water Supply Watershed
☐Other:

3c. Has the approved Stormwater Management Plan with proof of approval been
attached?

☐Yes ☒No

4. DWQ Stormwater Program Review

4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):

☐Coastal counties
☐HQW
☐ORW
☐Session Law 2006-246
☐Other:

4b. Has the approved Stormwater Management Plan with proof of approval been
attached?

☐Yes ☐No

5. DWQ 401 Unit Stormw ater Review

5a. Does the Stormwater Management Plan meet the appropriate requirements?

☐Yes ☐No

5b. Have all of the 401 Unit submittal requirements been met?

☐Yes ☐No

Page 10 of 11
PCN Form – Version 1.4 January 2009

F. Supplementary Information

1. Environmental Documentation (DWQ Requirement)

1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?

☐Yes ☒No

1b. 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
(North Carolina) Environmental Policy Act (NEPA/SEPA)?

☐Yes ☒No

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.)

Comments:

☐Yes ☒No

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,
or Riparian Buffer Rules (15A NCAC 2B .0200)?

☐Yes ☒No

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
additional development, which could impact nearby downstream water quality?

☐Yes ☒No

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.

No additional development is proposed.

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.

No wastewater will be generated for the proposed stream restoration project.

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?

Yes No

5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?

Yes No

5c. If yes, indicate the USFWS Field Office you have contacted.

5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Corblu conducted a literature and records review of information available from the U.S. Fish and Wildlife Service (USFWS) con cerning the potential
occurrence of federally threatened and endangered species on the project site. Six federally protected species are listed by the USFWS as potentially
occurring in Mecklenburg County, North Carolina: 1) Carolina heelsplitter (Lasmigona decorate); 2) Nor thern long-eared bat (Myotis septentrionalis); 3)
harperella (Ptilimnium nodosum); 4) Michaux’s sumac (Rhus michauxii); 5) Schweinitz's sunflower (Helianthus schweinitzii); an d 6) smooth coneflower
(Echinacea laevigata). Additionally, an official IPaC species report (Appendix E) was requested from the USFWS for the above referenced project area,
which listed four of the above referenced species that could potentially occur within the area: 1) Carolina heelsplitter; 2) Michaux’s sumac; 3) sunflower
helianthus; and 4) smooth coneflower. The IPaC report also stated that there are no critical habitats within this project area.

The concrete lined unnamed intermittent tributary to Gum Branch does not provide suitable habitat to support the Carolina hee lsplitter. Specifically, the
subject stream lacks stable well shaded stream banks as well as clay/sand/gravel substrate. Further, because the project ar ea is within an existing and
maintained petroleum pipeline facility it has been cleared of all trees and is continually mowed for required ongoing maintenance activities and therefore
does not support suitable terrestrial habitat for the remaining listed species.

Further, based on the field survey conducted by Corblu on July 19, 2019, no individuals were observed within the project area for the above listed
species and no critical habitat loss is expected; therefore, no impacts to protected species is anticipated from the propose d project.

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?
USFWS database.

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 (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?

Yes No

7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The proposed maintenance activities will be conducted within the existing pipeline facility, which was constructed in the 1960’s and has been previously
disturbed; thus no archeological resource impacts are probable.

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:
Although the proposed project occurs within the 100-Year floodplain of Lake Jordan, the proposed maintenance activities will
not result in any above grade fill within the regulatory floodway.

8c. What source(s) did you use to make the floodplain determination?
Sources included the FEMA and Flood Insurance Rate Map (FIRM) mappi ng service for the project site in Chatham County.

Shanna Cahill

Applicant/Agent's Printed Name

Applicant/Agent's Signature (Agent's
signature is valid only if an authorization letter
from the applicant is provided.)

5-19-2020

Date

Page 11 of 11
PCN Form – Version 1.4 January 2009