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HomeMy WebLinkAbout20100233 Ver 1_401 Application_20100310x> p, 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 samamo 7DUddV Ic I� . if n ° p° 11 LO,ice pOp b°pp 1 13 00 o 00 0 tj 0 Wppp ; Z ' op 0000 � '�'► 00 Doc 00 1 . 0000 1 J g11 11 awl i 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 _` W: .' {.. .';, . r?. 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