HomeMy WebLinkAbout20100233 Ver 1_401 Application_20100310x>
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WETLAND & ECOLOGICAL CONSULTANTS, L L C
March 24, 2010
2() 1 ?0 233
Mr. Andrew Williams COP
U.S. Army Corps of Engineers y
Wilmington District, Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Subject: Preconstruction Notification
Nationwide Permit Nos. 3 and 18
Colonial Pipeline Company j?
Pipeline Maintenance L? Gl j/??a
Tributary to Big Alamance Creek ?% tS
Guilford County, North Carolina 14AR
2 J 2010
WEC Project No. 02-041901 s,u? S?w.?rr DENR
Dear Mr. Williams:
On behalf of our client, Colonial Pipeline Company (CPC), Wetland & Ecological
Consultants (WEC) respectfully requests authorization for the above referenced project
pursuant to Nationwide Permit (NWP) Nos. 3 and 18 for Maintenance and Minor
Discharges, for the required maintenance of three existing and serviceable pipelines
known as Lines 22, 23 and 24. The use of NWP 18 for this project requires the submittal
of this preconstruction notification (PCN). The proposed actions consist of maintenance
activities (NWP 3) required for these existing and serviceable petroleum pipelines within
CPC's maintained right-of-way (ROW), and subsequent streambed stabilization and
pipeline protection (NWP 18). The proposed activities will require temporary
disturbance to an unnamed tributary to Big Alamance Creek at 35° 57'39-312"N 79° 41'
37.2114"W located in Guilford County, North Carolina (Figurer).
Background
CPC is committed to operating their pipelines and support facilities in a manner that
protects the safety of the public, environment, and its workforce. The proposed pipeline
maintenance will be performed to prevent potential damage to the pipelines and ensure
pipeline integrity. CPC's above referenced maintained ROW, contains three pipelines
that transport refined petroleum: Line 22, 16-inch diameter; Line 23, eight-inch
3225 South Cherokee Lone Phone: 77o-591-9990
Bldg.8oo Fax: 770-591-9993
Woodstock, Georgia 30188 ttnuul.wet-eeo.com
PCNNWPNos. 3 and i8 March 24, 2010
Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901
Lines 22-24 - Guilford County, VA
diameter; and Line 24, eight-inch diameter. At the above referenced site, due to bank
erosion and streambed degradation Line 22 has been exposed within the stream channel,
thus the required protection level of the pipeline has been lost. As required by the U.S.
Department of Transportation (USDOT) the pipeline regulatory authority, CPC must
inspect and repair the exposed pipeline at this location.
Proposed Activity in Waters of the U.S.
The maintenance activity.will require temporary disturbance to approximately 55 linear
feet of an unnamed perennial stream to stabilize the stream banks and protect the
existing pipeline at this location.
To ensure the integrity of the Line 22 at this location, CPC will initially inspect the line
for any damages. This will require CPC to excavate a small pit at the location which will
allow CPC personnel to inspect the integrity of the subject pipeline segment. To
minimize sedimentation to the creek during the inspection and subsequent maintenance
activity, temporary dams will be constructed at each end of the maintenance area and the
stream flow will be pumped around the maintenance area at each site. The dams will be
constructed of sandbags or other suitable material, and the pump capacity will be able to
sufficiently accommodate the stream flow. The pumps will be installed above the
upstream dam with the discharge line routed through the maintenance area, discharging
immediately downstream of the downstream dam (Appendix A).
As an alternative method to using a pump, CPC may use a steel pipe flume to convey the
stream flow through the reach of stream to be disturbed. The flume will be used to
maintain flow to the downstream side of the disturbed area, and the excavation will be
carried out under the flume (Appendix B). Both techniques allow the maintenance to
take place without contact to flowing water (i.e., "in the dry"), thus reducing downstream
sedimentation.
Following the inspection of the pipeline and the completion of the pipeline maintenance
activities, the pipeline will be protected using pre-formed articulated grout revetment
mats placed within the existing CPC ROW, over the existing pipelines. Specifically, the
articulated grout mats will be placed within a 55-linear foot segment of the stream
channel, underlaid with and geotextile fabric (Appendix Q. The quantity of this "fill
2
PCN NWP Nos. 3 and 18
Colonial Pipeline Company - Pipeline Maintenance
Lines 22-24 - Guilford County, VA
March 24, 2010
WEC Project No. 02-041901
material" below the plane of the ordinary high water mark will not exceed 8.15 cubic
yards. The grout revetment mats will be allowed to completely harden (in the dry) before
the stream flow is restored.
During the maintenance and subsequent stabilization CPC's Soil Erosion and
Sedimentation Control Plan will be implemented to protect the streams from
sedimentation (Appendix D). There will be no disturbance to jurisdictional waters
located outside of CPC's ROW.
Nationwide Permit General Conditions Summary
We have provided the following information to document compliance with the USACE
NWP general conditions. Each condition and subcategory is itemized below.
General Condition i - Navigation
The project site does not occur within navigable waters.
General Condition 2 - Aquatic Life Movements
The discharge of fill activity within the stream will be minimal. The revetment mats
will be "keyed" into the streambeds, and will not impede the passage of normal
stream flow or aquatic life.
General Condition 3 - Spawning Areas
Not applicable.
General Condition a - Migratory Bird Breeding Areas
Not applicable
General Condition 5 - Shellfish Beds
Not applicable
General Condition 6 - Suitable Material
Only material excavated from the maintenance area will be replaced within the
trench following maintenance completion. As described above, the grout mats will
be allowed time to harder prior to return of the stream flow through the subject
stream segment.
3
PCN NWP Nos. 3 and M March 24, 2010
Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901
Lines 22-24 - Guilford County, VA
General Condition I - Water Supply Intakes
The proposed construction does not include a water supply intake.
General Condition 8 - Adverse Effects from Impoundments
Not applicable.
General Condition q - Management of Water Flows
During the proposed activity, water flows will be maintained by the use of either a
dam and pump system (Appendix A) or a flume used to convey the flow of the
stream (Appendix B). The revetment mats will be "keyed" in to the upstream end of
the disturbed areas to prevent impediment of streamflow (Appendix Q.
General Condition lo - Fills Within ioo-Year Floodplains
The project will not result in above grade fill placed within the ioo-year floodplain.
General Condition n - Equipment
Equipment will be operated from the stream banks.
General Condition 12 - Soil Erosion and Sediment Controls
Best Management Practices and proper erosion and sedimentation controls will be
followed during the maintenance activities (Appendix D).
General Condition ij - Removal of Temporary Fills
All temporary water flow diversion devices will be removed immediately following
the maintenance activity.
General Condition la - Proper Maintenance
The existing pipelines and ROW will continue to be maintained and inspected on a
regular basis to ensure public safety.
General Condition it; - Wild and Scenic Rivers
The project site is not located in or adjacent to a Wild and Scenic River.
General Condition 16 - Tribal Rights
The project site is not located within or adjacent to an Indian reservation or nation.
General Condition 17 - Endangered Species
No impacts to federally protected species are expected from this project. According
to current U.S. Fish and Wildlife data, the only federally protected species listed to
occur in Guilford County is the small whorled pogonia (Isotria medeoloides). At the
4
PCN NWP Nos. 3 and 18
Colonial Pipeline Company - Pipeline Maintenance
Lines 22-24 - Guilford County, VA
March 24, 2010
WEC Project No. 02-041901
maintenance location, the pipeline ROW is regularly mowed, and does not provide
suitable habitat for the small whorled pogonia.
General Condition 18 - Historic Properties
The proposed activities will be conducted within the existing pipeline ROW, which
has been previously disturbed; thus no archeological resource impacts are probable.
No historic structures were noted within the project areas, and no aboveground
structures are proposed for construction. Therefore, the proposed pipeline
protection activities will have no adverse affects to cultural resources in the project
vicinity.
General Condition i9 - Designated Critical Resources Waters
Not applicable.
General Condition 20 - Mitigation
The proposed pipeline maintenance activities have been designed to avoid and
minimize impacts to jurisdictional waters to the maximum extent practicable. The
temporary stream disturbances do not exceed any of the USACE, Wilmington
District, Nationwide Permit Regional Conditions requiring mitigation [Refer to
USACE, Wilmington District Regional Condition 3 (2) below]. Nevertheless, the
proposed stream/bank stabilizations completed to maintain and protect the existing
pipelines will result in improved water quality of the stream by reducing soil/bank
erosion, which will offset the minor/temporary disturbances associated with the
required pipeline maintenance. To ensure that the existing plant community is
reestablished following the proposed activity, CPC will segregate the topsoil
containing seeds and rhizomes from the rest of the excavated soil. Upon completion
of the maintenance activity, the excavated area will be backfilled, and the topsoil will
be returned to the top of the excavated area.
General Condition 21 - Water Quality
The activity will be in accordance with the conditions of the DWQ General
Certifications for NWP 3 (WQC NO. 3687) and NWP 18 (WQC No. 3705).
General Condition 22 - Costal Zone Management
Not applicable.
General Condition 2R - Regional and Case-By-Case Conditions
The Wilmington District Final Regional Conditions for Nationwide Permits
1.0 Excluded Waters:
5
PCNNWPNos. 3 and j8
Colonial Pipeline Company - Pipeline Maintenance
Lines 22-24 - Guilford County, VA
March 2q, 2010
WEC Project No. 02-041901
1.1 Waters designated as anadromous fish spawning areas work is
prohibited from February 15 - April 30, unless approved by North
Carolina Division of Marine Fisheries or North Carolina Wildlife
Resource Commission and the U.S. Army Corps of Engineers.
Not applicable.
1.2 Waters within North Carolina's 25 designated trout counties work
is prohibited from October 15 - April 15, unless approved by North
Carolina Wildlife Resources Commission.
Not applicable.
1.3 Waters of the U.S. designated as sturgeon spawning areas work is
prohibited from February 1 - June 30, unless approved by
National Marine Fisheries Service.
Not applicable.
2.0 Waters subject to additional notification requirements:
2.1 Waters of the U.S. that require a PCN and are within the 16 North
Carolina counties with tributaries that drain to designated critical
habitat for protected species.
Not applicable.
2.2 Waters designated as "Outstanding Resource Waters" (ORW),
"High Quality Waters" (HQW), "Inland Primary Nursery Areas"
(IPNA), contiguous wetlands, or "Primary Nursery Areas" (PNA).
Not applicable.
2.3 Waters in a designated "Area of Environmental Concern" (AEC) in
the 20 coastal counties of eastern North Carolina.
Not applicable.
2.4 Waters on a Barrier Island of North Carolina.
Not applicable.
2.5 "Mountain or Piedmont Bog" of North Carolina.
Not applicable.
2.6 Animal Waste Facilities of North Carolina.
Not applicable.
6
PCN NWP Nos. 3 a nd 18
Colonial Pipeline Company - Pipeline Maintenance
Lines 22-24 - Guilford County, VA
March 24, 2010
WEC Project No. 02-041901
2.7 Mountain Trout Waters within the 25 designated counties of
North Carolina.
Not applicable.
3.0 List of Final Wilmington District Regional Modifications and Conditions
for All Nationwide Permits:
3.1 NWPs may not be used for activities that may result in the loss or
degradation of greater than 300 total linear feet of perennial,
intermittent, or ephemeral streams that exhibits important
aquatic function(s). Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed
activity.
The proposed activities will disturb less than 300 linear feet of
stream.
3.2 For any NWP that results in impacts more than 150 total linear
feet of perennial and/or ephemeral/intermittent stream, the
applicant shall provide a mitigation plan to compensate for the
loss of aquatic function, associated with the proposed activity. For
stream impacts of less than i5o linear feet compensatory
mitigation is determined on a case by case basis.
Stream impact is less than 150 linear feet, and the proposed
pipeline protection activity will improve water quality and the
aquatic environment by reducing bank erosion and stream
turbidity.
3.3 For any NWP that results in a loss of more than 150 linear feet of
perennial and/or intermittent/ephemeral stream, the applicant
must comply with NWP General Condition 27 (PCN).
Not applicable (i.e., less than 150 linear feet of stream); however, a
PCN is required for NWP 18 and compliance with NWP General
Condition No. 27 has been provided by the submission of this
PCN.
3.4 For all NWPs which allow the use of concrete as a building
material, measures will be taken to prevent live or fresh concrete,
including bags of uncured concrete from coming into contact with
waters of the state until the concrete has hardened.
During the maintenance activities streamflow will be isolated
through either a dam and pump (Appendix A) or a flume pipe
technique (Appendix B). Streamflow will not be returned to the
maintenance area until the grout revetment mats have fully
hardened.
3.5 For all Nationwide Permits that allow for the use of riprap
material for bank stabilization:
7
PCN NWP Nos. 3 a nd 18
Colonial Pipeline Company - Pipeline Maintenance
Lines 22-24 - Guilford County, VA
March 24, 2010
WEC Project No. 02-041901
such data, bankfull flow can be used as a comparable level.
Not applicable.
3.7 Applicants shall notify the NCDENR Shellfish Sanitation Section
prior to dredging in or removing sediment from an area closed to
shell fishing where the effluent may be released to an area open for
shell fishing or swimming in order to avoid contamination of the
disposal area and allow a temporary shellfish closure to be made.
Any disposal of sand to the beach should occur between November
i and April 30 when recreational usage is low. Only clean sand
should be used and no dredged sand from closed shell fishing
areas. If beach disposal was to occur at times other than stated
above or if sand from a closed shell fishing area is to be used, a
swim advisory shall be posted, and a press release shall be made.
Not applicable.
3.8 Adverse impacts to Submerged Aquatic Vegetation are not
authorized by any NWP within any of the 20 costal counties.
Not applicable.
4.0 Additional Regional Conditions for Specific Nationwide Permits:
NWP 18 may not be used in conjunction with NWP 14 to create
upland.
Not applicable.
North Carolina Division of Water Quality (DWO) General Certification Conditions for
NWP La (WQC No. ,ms)
i. No impacts beyond those authorized in the written approval or beyond the
threshold of use of this certification
The only impacts shall be those described above.
2. Standard Erosion and Sediment Control Practices
Best Management Practices and proper erosion and sedimentation
controls will be followed during the maintenance activity (Appendix D).
3. No Sediment and Erosion Control Measures in Wetlands or Waters
All erosion control devices (i.e., silt fence and/or staked hay bales) will be
installed in uplands, and removed upon the re-establishment of
vegetation at the site.
9
PCNNWPNos.3and i8
Colonial Pipeline Company - Pipeline Maintenance
Lines 22-24 - Guilford County, VA
q. Construction Stormwater Permit NCGoioooo
Not applicable.
5. Construction Moratoriums and Coordination
Not applicable.
6. Work in the Dry
March 2q, 20]0
WEC Project No. 02-041901
Techniques will be used that allow the maintenance to take place without
contact to flowing water (i.e., "in the dry"), thus reducing downstream
sedimentation (Appendices A and B).
7. Riparian Area Protection (Buffer) Rules
Not applicable; the site is not located within the Catawba, Neuse, Tar-
Pamlico, or Randleman river basins.
8. Water Supply Watershed Buffers
The stream is located within a WS-IV, NSW designated watershed (Big
Alamance Creek). However, it is our opinion that project is allowable per
the DWG "Redbook" [15NCAC 02B .0216(3)(b)(i)(G)] as it will not result
in increased impervious areas and there is no practical alternative.
Further, the proposed action will result in reduced stream sedimentation
(i.e., maintain/improve water quality) and protect the pipelines from
damage that may result in a release of petroleum into a stream within the
protected watershed.
9. If concrete is used during the construction, then a dry work area should be
maintained to prevent direct contact between curing concrete and stream water.
See General Condition 6 - USACE, Wilmington District Regional
Condition 3.3•
io. Compensatory Mitigation
Not applicable, less than 150 linear feet of stream impacts proposed at the
project site.
ii. For all activities requiring re-alignment of streams, a stream relocation plan must
be included for written Division approval.
Not applicable, the stream will not be relocated.
12. Stormwater Management Plan.
Not applicable, the project does not involve impervious surface cover.
10
PCNN117PNos.3and i8
Colonial Pipeline Company - Pipeline Maintenance
Lines 22-24 - Guilford County, VA
March 24, 20]0
WEC Project No. 02-041901
13. Placement of Culverts and Other Structures in Waters and Wetlands
The revetment mat will be placed below the streambed elevation as
depicted in Appendix C.
14. Additional site-specific condition 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.
As proposed, this project is in compliance with all applicable water quality
and effluent standards.
15. If an environmental document is required under the National or State
Environmental Policy Act (NEPA or 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.
16. If this Water Quality Certification is used to access building sites, then all lots
owned by the applicant must be buildable without additional impacts to streams
or wetlands.
Not applicable.
17. Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact.
Not applicable.
18. 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.
WEC as CPC's authorized agent (Appendix G) will inspect the site upon
completion, sign and submit the Certificate of Completion provided that is
included with project approval letter.
i9. This General Certification shall expire three years from the date of the cover
letter from DWQ or on the same day as the expiration date of the corresponding,
nationwide Permit (i.e., NWP 18).
CPC proposes to initiate the project upon approval, and it is anticipated
that it will take less than one week to complete.
11
PCN NWP Nos. 3 and M
Colonial Pipeline Company - Pipeline Maintenance
Lines 22-24 - Guilford County, VA
March 24, 2010
WEC Project No. 02-041901
20. The applicant/permittee and their authorized agents shall conduct all activities in
a manner consistent with State water quality standards and any other
appropriate requirements of State and Federal Law.
As proposed, the activities are in compliance with Nationwide Permit
General Conditions and DWQ conditions for Section 401 water quality
certification and riparian buffer protection.
General Condition 24 - Use of Multiple Nationwide Permits
This project will use both NWP 3 and NWP 18. The cumulative impacts of both
parts of this project will not exceed the highest specified acreages or linear feet of
either NWP.
General Condition 25 - Transfer of Nationwide Permit Verifications
Not applicable.
General Condition 26 - Compliance Certification
Upon completion of the required maintenance, WEC (as CPC's authorized agent)
will sign and submit the USACE certification letter documenting compliance with
maintenance activities as they are described in this PCN submittal.
General Condition 27 - Pre-Construction Notification
(a) Timing: The prospective permittee must notify the District Engineer with a PCN
as early as possible. The District Engineer must determine if the notification is
complete within 3o days of the date of receipt and as a general rule will request
additional information necessary to make the PCN complete only once.
WEC believes that the contents of this package constitute a complete PCN.
(b) Contents of the Notification: The following information addresses NWP General
Condition 27(b):
1) Name, address, and telephone number of the prospective
permittee:
Mr. Jeff Richards
Colonial Pipeline Company
5251 Highway 153
Suite C, #365
Hixson, TN 37343
(423) 305-1187
2) Location of the Proposed Project:
The proposed pipeline project location is near Liberty Road (35°
57' 39.312"N and 79° 41' 37.2114"W) in Guilford County, North
Carolina (Figure 1).
12
PCN NWP Nos. 3 and 18
Colonial Pipeline Company - Pipeline Maintenance
Lines 22-24 - Guilford County, VA
3) Project description, purpose, effects:
March 24, 2010
WEC Project No. 02-041901
See the "Background" and "Proposed Activities in Waters of the
U.S." sections of this letter.
4) Delineation of affected special aquatic sites, including wetlands:
WEC conducted the field delineation of the project site on
February 10, 2010. The only feature considered to be
jurisdictional waters on the subject site was the unnamed tributary
to Big Alamace Creek. The USACE Approved Jurisdictional
Determination Form is attached as Appendix E.
5) Mitigation required if the proposed activity will result in the loss
of greater than o.1 acre of wetland and PCN required.
Not applicable.
6) Names of federal protected species affected:
Refer to General Condition 17 above.
7) National Register of Historic Places Affected:
Refer to General Condition 18 above.
(c) Form of Notification:
A Wilmington District's PCN form is attached as Appendix F.
General Condition 28 - Single and Complete Project
The maintenance site meets the definition of a single and complete project as defined at
33 CFR 330.2(i).
Conclusion
The required pipeline maintenance activities proposed in jurisdictional waters of the
U.S. and the State of North Carolina will result in temnorarv dktiirhanrP to
approximately 55 linear feet of an unnamed tributary to Big Alamance Creek in Guilford
County. During the proposed maintenance activities, appropriate erosion and
sedimentation control devices will be used on the entire project site and the proposed
activities are in compliance with Nationwide Permit General Conditions and DWQ
conditions for Section 401 water quality certification and riparian buffer protection.
13
PCN NWP Nos. 3 and i8
Colonial Pipeline Company - Pipeline Maintenance
Lines 22-24 - Guilford County, VA
March 24, 20]0
WEC Project No. 02-041901
Based on this submittal, we respectfully request authorization for the aforementioned
maintenance project pursuant to NWP Nos. 3 and 18. Please contact the undersigned at
770-591-9990 if you have any questions regarding this request.
Sincerely,
WETLAND & ECOLOGICAL CONSULTANTS, LLC
Sharma E. Cahill, C.E. Richard W. Whiteside, Ph.D., C.W.B., C.S.E.
Project Ecologist Managing Member
Enclosures: Figure 1 - Guilford County Site Location Map
Site Photographs
Appendix A- Typical Dam and Pump Maintenance Dig
Appendix B - Typical Open Cut Dry Flume Maintenance Dig
Appendix C - Detailed Site Drawings
Appendix D - CPC's Soil Erosion and Sediment Control Plan
Appendix E - Approved Jurisdictional Determination Form
Appendix F - Wilmington District PCN Form
Appendix G - Wilmington District Agent Authorization Letter
cc: Mr. Jeff Richards, Colonial Pipeline Company
Mr. Jay Amerson, Colonial Pipeline Company
NCDENR, DWQ (5 copies w/ $240 processing fee)
14
2,500 1,250 0 2,500 Feet
Base Map: USGS 7.5-Minute Topographic Quadrangles: Climax, VA.
NWP 3 and 18 r Figure i
CPC Lines 22-24 WETLAND & ECOLOGICAL Site Location Map
Guilford County, CONSULTANTS, LLC
Woodstock, Georgia NN,(' Pi -#)('f NO.2 4 ,;??a?
PCN NWP Nos. 3 and 18 Photos taken February 10, 2010
CPC - Lines 22-24 WEC Project No. 02-041901
/ g 4 _•
Photograph No. 1: View of the location of the unnamed tributary to Big Alamace Creek
that will be temporarily disturbed b the maintenance activity.
APPENDIX A
TYPICAL DAM AND PUMP MAINTENANCE DIG
PUMP
SUMP wfiffAKE HOSE
FILTER/SCREEN OR
SUBMERSIBLE PUMP-
WA7ERBODY
SPOIL CONTAINMENT BERM
(SILT FENCE. HAY BALES
OR OTHER APPLICABLE
MATERIALS)
SPOIL
FILTER BAG
PERMANENT ROW
? I I
I I;l I I I
i II II i
III I I I
( I I IIl I
II Il I
I II II I
II II I
II II i
I III I I I
I ?I? III I
'` III III
Ill I 1
III _ III
I ICI
1 III
III
I II
II
11
II II
II
II I
II
11
II
II
II
,?v I tll
II I I
?" III I I
MIN DMEMING CONAILTANTS NC.
Li RCOOrI .ML M s 0"N= L a an
mom M 24
rs I N?aa 1 42 1
RETAIN A MN. 25'
VECETATNE BUFFER TO
THE EXTENT POSSIBLE
ENERGY DISSIPATOR/
SCOUR PROTECTION
FLOW
MR J,
DAM
MAINTAIN A MINIMUM 25'
VEGETATNE BUFFER TO
THE EXTENT POSSIBLE
BACKHOE
FOR STREAM EQUIPMENT
CROSSINGS. SEE NOTE 14
SEE SHEET 2 FOR NOTES
CD COLONIAL PIPEWE COMPANY
TYPICAL DAM AND PUMP
MAINTENANCE DIG
AT WATERBODY LESS THAN 15'
m ft" .n.e am
DAM AND PUMP CROSSING
THE FOLLOWING IS A SEQUENCE OF CONSTRUCTION AND MTIM"
MEASURES 70 BE FOLLOWED AT ALL 'DAM AND PUMP' TYPE CROSSINGS.
SEQUENCE OF ACM M
STEP 1. IMPLEMENT THE TEMPORARY EROSION AND SEDIMENT CONTROLS.
STEP Z. INSTALL DRY STREAM CROSSING MATERIALS.
STEP J. DICAVATE TRENCH AND VGPECT OR REPLACE PIPE
STEP 4. BACKFILL AND RESTORE STREAM BANKS.
STET S. REMOVE DAMS
STEP S. IMPLEMENT PERMANENT EROSION AND SEDIMENTATION CONTROLS.
NOTES:
1• SCHEDULE NSTREAM ACTMFY FOR LOW FLOW PERIODS AND B.
FOR THE APPROPRIATE 71MNG WINDOW.
2 NARK OUT AID MAINTAIN uMITTS OF AUTHORIZED WORK
AREAS WITH FENCING OR FLAGGING TAPE 70 AVOID
UNNECESSARY DISTURBANCE OF VEGETA71110N. ENSURE
EQUIPMENT OPERATORS WORKING ON THE CROSSING HAVE
BEEN BRIEFED ABOUT THIS PLAN AND THE MEASURES
NEEDED TO PROTECT WATER QUALITY. INSTALL PRE-WORK
SEDIMENT CONTROL MEASURES AS SPECIFIED N THE PLAN.
ALL WMESSNtY EOUIPMDT AND MATERIALS 70 BUILD 7HE
DAMS AND TO PUMP WATER MIST BE ON SITE OR READILY
AVAILABLE PRIOR 70 COMMENCING IN-WAXER CONSTRUCTION.
3. CONTRACTOR SNAIL SUPPLY TALL AND MAIMAIN SEDIMENT
CONTROL STRUCTURES AS D INSTALL AND ALDNO DOWN GRAMM
SIDES OF WORK AREA AD submit AREAS SUCH 7EMT ND
HEAVILY SLT LADEN WA7M ENTERS WATEROM
a NO NFAMLY SILT LADEN WATER SHALL BE DISCMURGED DIRECRY
OR DRINIECTLY IAITD THE WATERBODY.
e. EROSION AND SEDIMENT COM M STRUCTURE LAG710NS AS
DEPICTED USTED BY IM COMPPANNYY INSPECTOR 70 AC kiff TUX SITE COONOffl WSS..R?W
a SLY FENCE OR NAY SALE NSTNIMKINS SFNLL WARM
ROMOOM SECTIONS TO FACILRAIE ACCESS DURING
OF??FENCEN WWNERE UENT ACCESS 6 AEpu?
IL SEDIMENT LADEN WATER FROM TRENCH DE%VATMMIG SNAIL BE
BAIL M TO A WELL VEGETATED UPLAND AREA. NED A CLAY
W MM 11RUCTUI E OR GEOVEI I E HILT BAD.
a SEDIMENT CDNTROL STRUCTURES MUST BE N PLACE AT ALL
TIMES ACROSS 7NE DISTURBED PORTIONS OF THE RIGHT-Of-WAY
EXCEPT DURING DKAVARON/NSTALLA7I011 OF 7NE CROSSING PIPE.
4. TO 1HE OUTLINE P0651BL& MAINTAIN A MBNBLLILL TES FEET
VEDETAYNE BUFFER STRIP B= DISTURBED AREAS AND THE
MVA7E OM. INSTALL AND A SLY FENCE UPS LOPE
OF THE BUFFER STRIP ON FACT WE OF TINE ny
1FE SILT FENCE SHOLTD MICOIPORATE REMOVR AS
0200i OVMGHf OR p1NBNG PELRO??OF IWWEALL.
L CONSTRUCT A IEMPORARY SUMP UPS11RFAY OF TIME OW AND
LIE WITH IIOCILFLL IF A MICURAL POOL ODES NOT EIES7.
ALL DDISDIAIIAGEM ? ONOR NM TO AND ?I?PA70R? DOORWNSTREAAM
OF TEE WOIN AREA MCKPILEN d OT??TIATERBOOY. ? BEWATERIAIL MUST Of CON?EAl1E1DO FT.
WNW NERM COTTA MENT 7RIN SECONQARF SILT FENCE
PROTECTION 70 PREVENT SATURATED SOIL FROM RANG
BMgI IMO THE WAI00M.
MNN ENANCE OF STREAMFIDW
IF THERE 15 ANY FLOW IN THE WATERBODY INSTALL
PUMPS TO MAINWN STREAMFLOW AROUND 1F? Tla)
SECTIONS OF CHANNEL THE PUMP B TO HAVE TS
TO 2 TIMES THE PUMPING CAPACITY OF ANTICIPATED FLAW.
A SECOND STANDBY RUMP OF EQUAL CAPACITY 15 TO EE
READLY AVAILABLE AT ALL TIMES. AN ENERGY DISSIPATOR
IS TO BE BURT TO ACCEPT PUMP DISCROGE WITHOUT
STRFAMBED OR SFRFAMBANK EROSION. IF l1E WORK
15 PROLONGED BEYOND ONE DAY TIE AREA NEEDS
TO BE MONITORED OVMCNT.
IF A REPMCEMEM. PIPE MAKE-UP AREAS ARE TO BE
LOCATED AT LEAST 50 FT. FROM 11C WA 'S EDGE
WEIIIE 70POMAPM CONDITIONS PERMIT) AND 5TIAI1
THE MEBMuM AREA NEEDED.
0. DAMS ARE TO BE MNOE OF STEEL PLATE. INFLATABLE PLASTIC
DNA SM BAGS. COBBLES. WELL GRADED COARSE 0 FlLL
OR %&k FILL DAMS MAY NEED KEYING INTO THE BRAINS
HARE LO?CATTEEDFART ETH DAM NEOUGH APART 7VEHICLE L
0 OW A
ExCAVA CAP FLUMES USED UNDER VEHICLE CROSSING
DURING DRY CROSSING.
10.
11. INSPECFIREPAM PPDDIE AS NEEDED.
IL Comm OR RESTORE THE SFREIW BED AND BANKS TO
" DI &COWSTRIlCFION CORONAS. aft NOT 70
E
LATER
a. CONTRACTOR SNAIL INSTALL PERMANENT EROSION AND
SEDIMENT COMM STRUCTURES M IOICJITED ON A STIR
SPECIFIC BASK N 7NE ABSENCE OF SITE SPECIFIC NFOR-
Cm 1IIA h a CAPABI WITHSTANDING AAMnCCVA ED FLOW
BE ?M?bTAILED. ALTERNATIVELY, ROCK RP-RAP SMALL
a ANY MAIETBAIS PLACED N INE SIRFAM 70 FACIUFA7E
COMMUCNOM SMALL BE RE1MM PUMA RESYORA110N.
BANKS SWILL BE STABILIZED AND TEMPORARY SWDNL7T
BARRIERS INSTALLED WONIK MR WITHIN 24 AMM Or COMPLETING IN-S RIEM WORK.
a IENNFAN A SLY FENCE OR WRY BALE BARIIRR ALONG
THE VXFERBOVY ADAM= DISIURVI I EDL? A7R1N 6 LS7ABU5NED IN
I& WWEH THE
Rmt BAN16
ARE 70 BE EAMFOLI BED LL7DA STIIAS BEEN BLE AND TILE C PROTECTED
RFD
WRIT EROBEIWFENW DAMS TERER? COMPKINNE CONTROL WIMLANKEM
?RO tX?-IIA? E1C THE GAMS AIE TO BE MOM
'rar REED RUINND UNTIL NOR ML FLOW
6 RE57RIEA COMPLETE BANK ARMMBNG µO EROSION PW WnMW-
7. CINNCMS FURS. LUNWATING OILS SWILL NOT LL STORED ? 10 AM EQUIPMDff SWOND DOM PLACE AND REMOVE BY
SOW PUUMPSS ARRE TAO B IL E RIEFUCLED MIN REFUELED AS 100 SPCC P WS. IMOL
14. 7ELPORARY EiUPMENf CROSSING CAN BE OOW6TRUCIED 115BIG ERIEA
A FLUME CROSSING OR A TEMPORARY BROM FOR BRIDGE CROSSING
DEUYLS. REFER 70 TIE TYPICAL Rwm BRIDGE CROSSNG OR
TYPICAL EMT CROSSING DRAIVOVGS.
7ROW ENGINEERING CONSULTANTS INC.
.n.w? ra ? s w ti w m
ma me mw?
m I 0-n-20M I ,u
CD) ODLOIUL PIPEUNE COMPANY
l ATLAEEFiI ?DROBI
TYPICAL DAM AND PUMP
MAINTENANCE DIG
AT WATEROODY LESS THAN IS'
wm RMOL I wmw sm
ea?mo R K a - G m m . s w a
APPENDIX B
TYPICAL OPEN CUT DRY FLUME MAINTENANCE DIG
WATERBODY
SPOIL CONTAINMENT BERM
(SILT FENCE, HAY BALES
OR OTHER APPLICABLE
MATERIALS)
SILT FENCE
II II
III III
II II
II II
II II
II II
II
li III
II II
II it
II II
II II
II
I?
I.I
SANDBAG OR ROCK
PROTECTION AS NEEDED
FLOW
PREFABRICATED
FLUMES
OPTIONAL
STEEL PLATE
WYE r`??.
MAINTAIN A MINIMUM 25'
I VEGETATIVE BUFFER TO
I THE EXTENT POSSIBLE
I I
I
II I
II II
II it
it
I III
II
II
it I
I I
I III
I II
I II
I II
II II
PERMANENT ROW
7ROW ENCINEERMG CONSULTANTS NIC.
,. awr s wmoma ti m an
WIN I e-m-am I so
FOR STREAM EQUIPMENT
CROSSINGS, SEE NOTE 13
SEE SHEET 2 FOR NOTES
COLONIAL PIPELINE COMPANY
?/ XRmI& Gem=
TYPICAL OPEN CUT DRY FLUME
MAINTENANCE DIG
AT WATERBODY FROM 15' TO 50-
wsi, sir ?,
wawmd m?
lops
DRY FUJME MAINTENANCE WORK
THE FOLLOW NC 6 A SEQUENCE OF CONSTRUCTION AND MITIGATION
MEASURES TO BE FMIOWED AT ALL 'DRY FLUME' WORK LOCATIONS
SEOMCE OF ACMES
STEP 1. IMPLEMENT THE TEMPORARY EROSION AND SEDIMENT CONTROLS
STEP 2. INSTALL DRY STREAM CROSSING MATERIALS.
STEP I DCAVATE TRENCH AND DISPECT/A PAIR AS NECESSARY.
STEP 4. BACITILL AND RESTORE STREAM BANIa.
STEP S. REMOVE FLUME CROSSING.
STEP L IMPLEMENT PERMANENT EROSION AND SEDNETTATIOH CONIROLS.
NC1ES:
1. MARK OUT AND MAINTAIN LIMITS OF AUTHORIZED WORK
AREAS WITH FENCING OR FTAGGINNG ?APE 10 AVOID
UNNECESSARY DISTURBANCE OF VEGETATION. ENSURE
THE?PLAN ON TTHE KECMEpSSLRiESW1VE
BEEN ORIVED ADM NEEDED 70 PROTECT WATER QUALITY.
2. ALL NMESSARY EQUIPMENT AND MATERIALS 10 BUILD THE
? TOCOMMMENCING 00 1-IVA? IM WO p?V AVAILABLE PRIOR
& 70 THE DITEHT POSSIBLE. MAINTAIN A MINIMUM 25 FT.
VEGETATK BUFFERS STRIP BETWEEN DISTURBED AREAS
AND THE WAMERBDOY. INSTALL AND MANTAN A BT
FENCE OR WAY BALE BARRIER UPSLAPE OF THE BUFFER
STRIP ON EACH SIDE OF THE WAXINIOGY.
4. CONTRACTOR SMALL SUPPLY MALL AND MAINTAIN SEDIMENT
66W= Olt SIOFS Oi WO µD STAGING AREAS SUCH THAT
HEAVILY SLY LADEN WATER ENTERS THE WAYUJI Y.
a NO HEAVILY SLY LADEN WADER SWILL BE DECWIRGEL 096TLY
OR NDIRECFLY INTO THE WAIERBOOT.
4 DEROSION AND SEDIMENT EPLTED / AM MO AW ISM LOCATIONS AS
BY THE COYPNBY INSPECTOR 70 ACTUAL SITE COMWIWNS.
t SILT FDIC[ OR NAY SALE 9181AWO10Ns D TNCLLDE
REMPOW SESN ? 7 ?FACf7E ACCESS DLY R N
DF A SLT ICINGS MINORS FT IMIT A R REQUIRLIEU
ED.
AL, SEDIMENT LADEN WARDER FROM TRENCH DEWICIEANG SHALE. BE
DISCHAR VPLAND AREA B SEDIMENT DE?IEWNpOSIWELL RLIT EDOR FILTER DLA?
11MFSACR06?S TH1 E DDEIU EDPO PORTIONS OF Ti! ACE MIRIT-0 WAY
EXCEPT DURING DI ION/REPAIR.
L FLUME CAPACITY CROSSIND SMALL K SUFFAMENr
TO ACCOMMODATE 1WU TIMES THE FLOW MEASURED AT THE TIME
OF CONSTRUCTION PROVIDED 71,100' THE FLUMES WILL BE N PLACE
NOT MORE 1" NI HOURS AND ND PRECIFITATION IS FORECAST.
FLUME CO MM FOR VEHICLE ACr SHALL BE SUFFICIENT 70
PASS THE 2 YEAR DESRGN ROW OR THE FLOW REASONABLY E7PWFM
TLDONO?CCRU" R DUAL N. THE 94VI.LATMIL D(CESS FUMES REOURED FOR
PROCEDURES. ACC95S WALL BE CAPPED DURING DRY CROSSING
6. ENVURIE THAT THE DAMS NO EOIIPMFM CROSSING ARE LOCATED
FAR ENOUGH APART 70 ACCOMMODATE THE REQUIRED DLDAVATICK
6. EXCAVATE AS REOWRED TO NOW OR REPLACE PIPE.
9. DN'AVAIM MATERIAL MUST HOF BE STDCKPILED N 10 FT.
OF THE WATERAW. THE MATERIAL MUST BE CONTAINED
WITHIN BEAM CONTAINMENT WITH SECONDARY SILT FENCE
PROTECTDN TO PREVENT lldi ATED SOIL MIT FLOWING
BACK KID THE WATDIB00T.
10. OEWATERING SHOULD OCCUR N A STABLE VEGETATED AREA A
MNIMLIM OF 50 FT. FROM ANY WATERBOOY. THE PUMP
DISCHARGE SHOULD BE DRECTED ONTO A STABLE SPILL PAD
FILTER BAG OR MAY GALL STRUCTURE To??pDPILEVOR
INTO SHEET FLDW I MAE?DIATMY?INE ALSO BE FO
w" no USING
NAY BANE AND THE NATURAL TOPGRAPHY.
11. SI,RA ED FOR?STREAAM AACCWVTTV OR FOR ROAD KACCCE FOLLOW A ESS.
a. REMOVE THE VEMICU GROSSING RAMP. BMOIS ARE 70 ESE
RESTORED TO A IFIAB)LE ANGLE AND PROTECTED WITH
?REMO'NGNN T[E DAMINE MAXIMUM DaNE POST SIB?LE
!. REMOVE DOWNSTREAM Oft S
e. REMOVE UPSTREAM DAM.
a REMOVE EUJLIL
?. COMPLETE BANK 11111BAING AND EROSION PROTECTION. F
SANDBAGS
HA TO A OI EUSED QUPMMW IN am AND ROIOAE BY THE 12. IDONTRICTOR SMALL RES ONCE THE VRE4M BLED AND BWM 70
APPROXIMATE EXCEED 2:1 SLDIAL BUT IIOf TO
a SWILL INSTALL PERMANENT E1IDSION AND
BNABIEIICE OF = ?EFI C?AC BISITE
FGR-
&M A FLEXIBLE CHANNEL LINER SUCH AS FAD CI OR
CM WHICH E CAPABLE OF WITHSTANDING ANRgPA?FM
5 INNA11M AL7D??INNII1EE01MY. I= ABP-RAP SUL PLACED e. OCOONSIRUCFION SMALL 9 RDEWED FA6 OK
BANKS SMALL BE STABILIZED AND 1DWINI ANY S
BARRIERS INSTALLED AS SOON AS POSSIBLE AFTER N-SIMIAN
BUT WIMIN 24 NDLNIS DF C DMKMM THE N-SIRFAM
7. PUCE WERVIDUS DAMS Q EACH END OF THE FLUME. UPSTREAM a MNNDAN A SLY FENCE OR MY BATE VARIER ALONG
N
FIRST TEN DOWNSTREAM. ACCEPTABLE ALTERNATRIF3 TNCLLDE THE WATETRBOCY UNTIL VEGETATON S
CSIABLISHEI)
GRAVEL WITH AP-RAP SAND BAGS. STEEL PLATE AND ADJAt2]R DISTURBED AREAS.
ROCKFILL DURING NSTALIAIM AN RPETVIOUS MELEfW1E 13. TEMPORARY EQUIPMENT CROSSNS CAN BE CONSTRUCTED USCND ETHER
F NECESSARY 70 LIMIT Lt/IKAGZ DAMS MAY H® KDYNG INTO A FLUME CROSSING OR A 7EMPOI MY BRIDGE. FOR BRIOM CROSSING
THE BANK AND SIREAMBED. DETAILS. RETER 10 THE TYPICAL RAILCAR BRIDGE CROSSING OR
TYPICAL MAT CROSSING DRAWINGS.
TROW ENCINEERNG CONSULTANTS NNt
rm.a mmk. an co tia>_
m I saw I as
CRONIAL PIPELINE COMPANY
TYPICAL OPEN CUT DRY FLUME
MAINTENANCE DIG
AT WATERBODY FROM 15' TO 50'
aos mu N erar ow
osasaesa am-am ¦ w l
APPENDIX C
DETAILED SITE DRAWINGS
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APPENDIX D
CPC'S SOIL EROSION AND SEDIMENTATION CONTROL PLAN
Colonial Pipeline Company
Soil Erosion and Sediment Control Plan
For
Pipeline Maintenance Activities
Objective
Disturbed areas are to be restored as close as practical to their original contours and
conditions so that once vegetation is reestablished, erosion will be reduced to the same
or lower level that existed prior to disturbance.
Description
This section defines the soil erosion and sediment control measures that Colonial
Pipeline Company will implement during and after inspection and repairs of the pipeline
are complete. The objectives of this plan are to establish general guidelines for
controlling erosion and sedimentation and to specify criteria for sensitive or particularly
susceptible soil areas. The plan incorporates measures to control erosion and
sedimentation, including minimizing cover removal, limiting the time of exposure,
limiting the flow of water onto the disturbed right-of--way, and filtering or settling out
sediment from water flowing from the right-of-way.
The primary objective of the soil erosion and sediment control plan is to reduce the area
and duration of soil disturbance and reestablish permanent vegetation as soon after
construction as possible, thereby minimizing long-term erosion and sedimentation.
Some erosion is inevitable during construction; however, the plan includes measures to
reduce erosion to the minimum practical.
Colonial Pipeline Company plans G reduce sail erosion and provide sediment control
during the repair of the pipeline at the project site by incorporating the following
measures:
• Water pumped from the construction area as part of the dewatering operation
from the excavation will be filtered through silt Oration bap and discharged to
a well-vegetated area.
• All work will be confined within the existing right-of--way. Staked bay bales and silt
fence will be instilled around the worlashe'and maintained until vegetation is established.
Proper controb w11 be added if necessary during construction.
• All terms and conditions within Nationwide Permit 3 will be followed.
• Erosion control measures will be installed prior to conducting any soil disturbing
activities associated with the pipeline maintenance activity.
• Clearing of vegetation will be kept to an absolute minimum and confined to the
existing pipeline easement area. The easement area is 5o feet in width and devoid
Of large trees. The right of way is vegetated with undergrowth grasses and other
short vegetation.
Vegetation wM be reestablished within disturbed areas and along stream banks
as soon as possible upon completion of work. Disturbed areas will be seeded
with a wetland seed mixture
All erosion and sediment control measures will be inspected every two weeks at a
minimum and after every significant rainfall event of o.s inch or more until
disturbed areas have been stabilized. Identified damages to control measures
must be repaired immediately.
Refuse and Waste Disposal
Colonial's representative will not allow the Contractor to discard any litter, including
paper, bottles, cans, rags, sacks, welding rod stubs, fuel, crankcase draining, coating
materials, equipment, and junk pipe in the ditch or along the right-of-way. All refuse
must be collected and disposed in accordance with company specifications. Personnel
will be instructed regarding the correct procedure for waste disposal.
Maintenance/Inspection Procedures
The following inspection and maintenance practices will be implemented to maintain
erosion and sediment controls:
i. All control measures wM be inspected every two weeks at a minimum and foilowmg
any storm event of o.s inch or greater.
2. All control measures will be maintained in good working order. If a repair is
necessary, it will be initiated within 24 hours of the report.
3. Built-up sediment will be removed from silt fences when it has reached one-third the
height of the fence.
4. Silt fences will be inspected for depth of sediment, tears, secure attachment of the
fabric to the fence posts, and firm placement of the fence posts in the ground.
s. Temporary and permanent seeding and planting will be inspected for bare spots,
washouts; and healthy growth.
6. Colonial Pipeline Company will select individuals to be responsible for inspections,
maintenance and repair activities, and completion of the inspection and
maintenance report. Personnel selected for inspection and maintenance
responsibilities will receive training from Colonial Pipeline Company or its
representative. Personnel must be trained in all practices necessary for maintaining
the erosion and sediment controls used on-site.
APPENDIX E
APPROVED JURISDICATIONAL DETERMINATION FORM
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Guilford County Site, Figure 1
State:NC County/parish/borough: Guilford City:
Center coordinates of site (]at/long in degree decimal format): Lat. 35.96092° 0, Long. -79.69367°.
Universal Transverse Mercator: 617797.7 E 3980402.6 N
Name of nearest waterbody: Big Alamance Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Big Alamace Creek
Name of watershed or Hydrologic Unit Code (HUC): Upper Cape Fear 0303004
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
I Office (Desk) Determination. Date:
Field Determination. Date(s): 2-10-10
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 55 linear feet: 4 width (ft) and/or 0.005 acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on:
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION Ill: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section 11I.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section HIM below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size:
Drainage area:
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through tributaries before entering TNW.
Project waters are river miles from TNW.
Identify flow route to TNW5:
Tributary stream order, if known:
Project waters are river miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are Dona aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: fiat.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Unim
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: nwo
Estimate average number of flow events in review area/year: „__
Describe flow regime: perennial.
Other information on duration and volume:
Surface flow is: ISM. Characteristics:
Subsurface flow: Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
? Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
® High Tide Line indicated by: ® Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: water was clear].
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width): No riparian corridor located within a maintaned ROW.
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Explain:
Surface flow is:
Characteristics:
Subsurface flow: Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity Relationshi to TNW
Project wetlands are JIM river miles from TNW.
Project waters are t aerial (straight) miles from TNW.
Flow is from:
Estimate approximate location of wetland as within the JIM floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis:
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (YIN) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
19 Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: see photographs, USGS quadsheet.
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section I1I.13. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 55 linear feet 4 width (ft).
Q Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
0 Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
t Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
El Other non-wetland waters: acres.
Identify type(s) of waters:
[] Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
vers, streams): linear feet width (ft).
P
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
El Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
krn Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
1@ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Wetland & Ecological Consultants, LLC and Ercon.
(Figure 1).
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:
El USGS NHD data.
[3 USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 and Climax, NC.
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: El Aerial (Name & Date):
or ® Other (Name & Date):2-10-10.
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Q Applicable/supporting scientific literature:
Other information (please specify):
dgment (check all that apply):
Non-wetland waters (i.e., n
Lakes/ ponds: acres.
B. ADDITIONAL COMMENTS TO SUPPORT JD: This JD form refers to the unnamed tributary toBig Alamance Creek near Cade
Road, see Figure 1.
APPENDIX F
WILMINGTON DISTRICT PCN FORM
?FVsAT,q
1 1 _o '-
1l.l1 D
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 3 and 18 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ®Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:
® Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Colonial Pipeline Company (CPC) - Guilford County
2b. County: Guilford County US k?o ?' U P,
2c. Nearest municipality / town: Climax
2d. Subdivision name: No subdivision in the area
2e. NCDOT only, T.I.P. or state
project no: Not a NCDOT or T.I.P. project. WE1LWpS,W 1 MM- MM04
3. Owner Information
3a. Name(s) on Recorded Deed: CPC, an existing and functioning petroleum pipeline constructed in 1963-1964
3b. Deed Book and Page No. CPC, an existing and functioning petroleum pipeline constructed in 1963-1964
3c. Responsible Party (for LLC if
applicable): CPC
3d. Street address: CPC's right-of-way
3e. City, state, zip: Climax, NC, 27233
3f. Telephone no.: (423) 305-1187
3g. Fax no.: (706) 891-9916
3h. Email address: jrichard@colpipe.com
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: CPC's SE District Environmental Manager
4b. Name: Jeff Richards
4c. Business name
(if applicable): Colonial Pipeline Company
4d. Street address: 5251 Highway 153, Suite C, #365
4e. City, state, zip: Hixson, TN 37343
4f. Telephone no.: (423) 305-1187
4g. Fax no.: (706) 891-9916
4h. Email address: jrichard@colpipe.com
5. Agent/Consultant Information (if applicable)
5a. Name: Richard Whiteside
5b. Business name
(if applicable): Wetland & Ecological Consultants
5c. Street address: 3225 South Cherokee Lane, Bldg. 800
5d. City, state, zip: Woodstock, GA, 30188
5e. Telephone no.: 770-591-9990
5f. Fax no.: 77-591-9993
5g. Email address: rwwhiteside@wet-eco.com
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): Not applicable, an existing and functioning pipeline
constructed in 1963-1964
1 b. Site coordinates (in decimal degrees): Latitude: 35.96092 Longitude: - 79.69367
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: Not applicable; in pipeline right-of-way (ROW) area acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Big AlamaceCreek
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV;NSW, CA
2c. River basin: Upper 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:
A cleared maintained and mowed ROW along CPC's pipeline corridor.
3b. List the total estimated acreage of all existing wetlands on the property:
None
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
55 linear feet of perennial stream within the existing ROW.
3d. Explain the purpose of the proposed project:
Pipeline maintenance, lack of pipeline protective cover, as required by the U.S. Department of Trasportation (USDOT).
3e. Describe the overall project in detail, including the type of equipment to be used:
The maintenance activity will require temporary disturbance to approximately 55 linear feet of an unnamed perennial stream
to stabilize the stream banks and protect an existing petroleum pipeline at this location. All pipeline maintenance
activities will occur within the existing and maintained ROW.
To ensure the integrity of the Lines 22-24 at this location, CPC will initially inspect the pipeline for any damages. This will
require CPC to excavate a small area over the pipeline to inspect the pipeline for damage. To minimize sedimentation to
the creek during the inspection and subsequent maintenance activity, temporary dams will be constructed at each end of
the maintenance area and the stream flow will be pumped around the maintenance area at each site. The dams will be
constructed of sandbags or other suitable material, and the pump capacity will be able to sufficiently accommodate the
stream flow. The pumps will be installed above the upstream dam with the discharge line routed through the
maintenance area, discharging immediately downstream of the downstream dam (see Appendix A in the attached
document).
As an alternative method to using a pump, CPC may use a steel pipe flume to convey the stream flow through the reach of
stream to be disturbed. The flume will be used to maintain flow to the downstream side of the disturbed area, and the
excavation will be carried out under the flume (see Appendix B in the attached document). Both techniques allow the
maintenance to take place without contact to flowing water (i.e., "in the dry"), thus reducing downstream sedimentation.
Following the inspection of the pipeline and the completion of the pipeline maintenance activities, the pipeline will be protected
using pre-cast concrete revetment mats placed within the existing CPC ROW, over the existing pipelines. Specifically,
the grout mats will be placed within an 55-linear foot segment of the stream channel, underlaid with and geotextile fabric
(see Appendix C in the attached document). The quantity of this "fill material" (i.e., revetment mat) below the plane of the
ordinary high water mark will be approximately 8.15 cubic yards.
During the maintenance and subsequent stabilization CPC's Soil Erosion and Sedimentation Control Plan will be
implemented to protect the streams from sedimentation (see Appendix D in the attached document). There will be no
disturbance to jurisdictional waters located outside of CPC's ROW.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / El Yes El No ® Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ? No ® Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
No phases for the above mentioned project
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
No phases for the above mentioned project
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. * Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments: No wetlands located within the project site.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ®T Maintenance for UT1 ® PER ® Corps 4 55
Existing Pipeline ? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 55
3i. Comments: 55 linear feet of temporary stream impact to UT1 for federally (USDOT) required pipeline maintenance.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: No open waters located within the project site.
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: No pond or lake construction is proposed for 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 an impacts require mitigation, then you MUST fill out Section D of this form.
6a. ? Neuse
? Tar-Pamlico ®Other: Upper Cape
Project is in which protected basin? Fear
? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact
re wired?
61 ?P?T ?Yes
® No
132 ?P?T ?Yes
® No
B3 ?P?T ?Yes
® No
6h. Total buffer impacts
6i. Comments: No buffers are located on the mowed and maintained serviceable pipeline ROW.
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed pipeline maintenance activities have been designed to avoid and minimize impacts to jurisdictional waters to the
maximum extent practicable. The temporary stream disturbances do not exceed any of the USACE, Wilmington District,
Nationwide Permit Regional Conditions requiring mitigation [Refer to USACE, Wilmington District Regional Condition 3 (2)
below]. Nevertheless, the proposed stream/bank stabilizations completed to maintain and protect the existing pipelines will
result in improved water quality of the stream by reducing soil/bank erosion, which will offset the minor/temporary disturbances
associated with the required pipeline maintenance. To ensure that the existing plant community is reestablished following the
proposed activity, CPC will segregate the topsoil containing seeds and rhizomes from the rest of the excavated soil. Upon
completion of the maintenance activity, the excavated area will be backfilled, and the topsoil will be returned to the top of the
excavated area.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Equipment will be operated from the stream banks to avoid any impacts to the stream from the machinery.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments: No mitigation is required for the above mentioned project.
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments: No mitigation is required for the above mentioned project.
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 above mentioned project.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
No riparian buffer mitigation is needed for the aboved referenced project.
6h. Comments: No riparian buffer mitigation is needed for the aboved referenced project.
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: This is a temporary disturbance to an existing pipeline in a maintained ? Yes ® No
ROW for required maintenance with limited soil disturbance, and therefore does not
require a Storm Management Plan.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a temporary disturbance to an
existing pipeline in a maintained ROW for required maintenance with limited soil disturbance, and therefore does not
require a Storm Management Plan. The maintenance project will result in 0% impervious surfaces.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Not required
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Not required
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply E] HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other: None
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
? Yes ®No
Comments: The above referenced project does not involved an expenditure of
public (federa/state/local) funds or use of public (federal/state) land.
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): No to both of the
above questions.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
No additional development, only required maintenance to an existing and operating pipeline.
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, only required maintenance to an existing and operating pipeline.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
No impacts to federally protected species are expected from this project. According to current U.S. Fish and Wildlife
Service (USFWS) data, the federally protected species listed as potentially occurring in Guilford County is the small
whorled pogonia (Isotria medeoloides). This species was not observed at the maintenance location (i.e., on the existing
and maintained pipeline ROW) during a field inspection of the site conducted by WEC on February 10, 2010.
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?
U.S. Fish and Wildlife Service data base.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
CPC's petroleum pipeline is an existing underground, and functioning pipeline, constructed in 1963-1964. Maintenance
of the existing pipeline will not disturb (direct or visual) any hisotric or prehistoric resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? -J -Elyes ® No
8b. If yes, explain how project meets FEMA requirements: Not locacted in a FEMA-designated 100-year floodplain.
8c. What source(s) did you use to make the floodplain determination? FEMA
Richard Whitside 1-4 3/22/10
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
APPENDIX G
WILMINGTON DISTRICT AGENT AU'T'HORIZATION LETTER
A,
CD
Jeff W. Richards
Southeast District Environmental Manager
April 2, 2007
U.S. Army Corps of Engineers
Wilmington District, Raleigh Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Division of Water Quality
401 Wetland Unit
1650 Mail Service Center
Raleigh, North Carolina 27699
Subject: Authorization Letter
To Whom It May Concern:
Colonial Pipeline Company
Telephone: (706) 891-6658
Colonial Pipeline Company (CPC) gives authorization to Wetland & Ecological Consultants (WEC) to
serve as our agent regarding North Carolina Division of Water Quality (DWQ)/U.S. Army Corps of
Engineers (USACE) Pre-Construction Notification (PCN) Application Forms. Should you have any
questions or concerns please contact me at the letterhead address or telephone number.
Sincerely,
14114 /?
Jeff Richards
Environmental Manager
Southeast District
391 Scruggs Ringgold, GA 30736